This Week's Top 5: Stories brief enough for your commute, sharp enough for your next meeting...🚂

1. Companies reduced hiring activity again in June 📉
2. 68% of employees would rather talk to a robot than their manager about stress and anxiety 🤖
3. Belfast MLA calls to train frontline workers in spotting warning signs of suicide 🆘
4. Award for BMW employee unfairly dismissed after covert surveillance to spy on him 🕵️‍♀️
5. Can the new 'failure to prevent fraud’ law reduce most common crime in UK?⚖️

And in other news......you think you're busy? One council worker juggled four public sector jobs at once -pulling in over £236k before the courts clocked him. Now that’s what you call multi-tasking... or is it? 🤔

**If you have any difficulties accessing the article or resetting your password (if you haven’t already done so in 2025) please email hub@legal-island.com and we’ll be in touch with you as soon as possible.**

1. Case Law Reviews
2. AI and Employment Law
3. Recruitment and Retention
4. Employee Wellbeing
5. Nurse Sandie Peggie cleared of misconduct as tribunal
6. New ‘failure to prevent fraud’ legislation
7. Just in Case You Missed It...
8. HR Developments
9. Employment News in the Media
10. GB Developments
11. Free Webinars This Month

Lutz v Ryanair DAC & Anor [2025] 

Summary Description: 

Pilot regarded as agency worker as he met the ‘temporary’ requirements despite it being a five year agreement and the specific arrangement whereby he was made to contract using a service company.

Claimant: 

Jason Lutz

Respondents: 

Ryanair DAC

Storm Global 

Practical Guidance for Employers:

This decision provides some useful guidance on the meaning of an agency worker. By interpreting "temporary" to mean simply "not permanent," rather than requiring the assignment to be short-term, the Court of Appeal - drawing on ECJ jurisprudence - ensures broader protection.  It avoids a gap existing in protection for those who are in temporary situations of a longer term. The decision also demonstrates the extent to which the courts will look behind the written agreements to see the realities of the situation for the actual arrangement and its effect.

Read the Review in full: 
Lutz v Ryanair DAC & Anor [2025]

Richter v Atomics Educational Trust [2025] 

Summary Description: 

Claimant successful in unfair dismissal when pay protection aspect of the redundancy policy was kept quiet and not made known to the claimant.

Claimant: 

P Richter

Respondent: 

Atomics Educational Trust (formerly Tees Valley Collaborative Trust)

Practical Guidance for Employers:

The importance of following policy cannot be understated. The Tribunal had no issues in relation to the case for redundancy, the process of consultation or the selection especially on the thorny issue of the qualifications required for the Deputy Head role. Indeed, the Tribunal made it clear that there is quite a lot of room for respondents to organise their business as they see fit. However, the fact that the pay protection was kept quiet and the policy was not changed demonstrated unfairness. This was directly linked to a failure to minimise the effect of redundancy which is a key aspect of the legislative intent. Therefore, employers in similar situations should ensure adherence to the policy or in advance of that a change of the policy to avoid being met with similar unfair dismissal actions.  

Read the Review in full:
Richter v Atomics Educational Trust [2025]

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These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/

If you have any queries or wish to comment on the reports please feel free to contact Jason at: jasondelliott@outlook.com 

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation.  This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Remember: Our case law reviews are held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.com/employment-law-hub/case-law-search-page/

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Can You Trust An AI Coach With Your Secrets At Work? Know The Risks

Are you talking to your AI like it’s your personal coach? If so, you’re not alone. A growing number of people are turning to digital tools to talk through their stress, burnout, and even mental health struggles. In fact, a study by Oracle and Workplace Intelligence found that more than 68% of employees would rather talk to a robot than their manager about stress and anxiety. These tools make it easier to open up without the fear of being judged, interrupted, or misunderstood. Forbes has more here.

Preparing for the Rise of the Agentic Workforce

As agentic AI moves from theory to practice, HR leaders face a new reality: the rise of a hybrid workforce made up of both humans and autonomous AI agents. This article from HRD Connect looks at how HR can prepare for this transformation. You can access it here.

“Digital Coaching – The Pros, the Cons”

This week Barry Phillips reveals the results of Legal Island’s digital coaching pilot and considers the pros and cons of AI coaching.

You can also access the episode here.

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Latest ONS Figures – March to May

The latest figures from the Office for National Statistics (ONS) from March to May show:

• The employment rate is 75.2% - aged 16-64 seasonally adjusted
• The unemployment rate is 4.7% - aged 16+ seasonally adjusted

More here.

Candidate supply rises, as hiring weakens

The latest KPMG and REC UK Report on Jobs survey, compiled by S&P Global has shown how uncertainty over the business outlook and budget constraints led companies to reduce their hiring activity again in June. According to the data, permanent staff appointments fell at the steepest rate for nearly two years, while the downturn in temp billings also gathered pace. At the same time, overall vacancies continued to fall, particularly for permanent positions. 
Global Recruiter has more here.

Recruitment Static as Firms Assess NI Impact

The British Chambers of Commerce reports that UK hiring stayed mostly flat in Q2, with 55% of firms attempting recruitment- barely changed from Q1-amid mounting cost pressures following the employer National Insurance hike. Although recruitment challenges eased slightly, 73% of hiring firms still struggled, with transport/logistics and construction/engineering sectors facing the greatest difficulty. The findings, based on responses from 4,500+ businesses (93% SMEs), underscore persistent labour shortages and sector-specific stress points in the post-NI rise landscape. Find out more here.

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Fear of being ordered back to office affecting UK staff wellbeing, poll finds

A recent Hays survey of 3,600 UK workers reveals that return-to-office mandates are negatively impacting wellbeing, with 38% reporting stress linked to stricter attendance policies. In contrast, 84% of hybrid workers say flexible arrangements benefit their mental, physical, social, and financial wellbeing - especially women (87%) compared to men (80%). The findings spotlight a growing divide between organisational directives and employee welfare preferences in shaping modern workplace culture, writes the Guardian.

And...

CIPD: Flexible and hybrid working practices in 2025

The CIPD examines both employer and employee perspectives to see how trends in flexible and hybrid working are shaping and impacting performance, employee engagement and wellbeing among other important organisational outcomes. Key findings include:

• 91% of employers offer some kind of flexible working arrangement.
• 61% of employers believe it is important for them to provide flexible working as an option when advertising jobs to attract staff and address skills or labour shortages.
• Two-fifths of employers say that just some (28%) or only a few (12%) employees are able to work flexibly.

More here.

Closer to home...

Calls to train workers in spotting warning signs of suicide

All frontline workers, including benefit officer workers, teachers, housing and health workers, should be trained in identifying the warning signs of suicide, a west Belfast MLA has said. Órlaithí Flynn, who has introduced a Suicide Prevention Training Bill, said suicide remains a "major public health issue in Northern Ireland". The bill would place a statutory duty on all government departments to train workers who work with the public to identify suicide's warning signs. The BBC has more on this story.

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A nurse at the centre of an employment tribunal over single-sex changing facilities has been cleared of gross misconduct following an internal disciplinary investigation, her lawyer has confirmed. Sandie Peggie, an A&E nurse at NHS Fife, this week received confirmation from the health board that allegations of misconduct, failures of patient care and misgendering were not upheld. The news that she had been cleared by her employer came on the eve of the resumption of her ongoing employment tribunal against the health board and Dr Beth Upton. You can read more on this from the Nursing Times.

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Fraud is now the most common crime in the UK, representing approximately 40 per cent of all crime in England and Wales. In an attempt to tackle this, the UK government is set to introduce a new corporate criminal offence – the ‘failure to prevent fraud’ law – on 1 September. This article from People Management explains how the law will impact employers – and what they can do to prepare for it.

On that note...

Law firm COO used company credit card for £300k of personal spend

Leanne Sodergren, former chief operating officer and head of finance at law firm mlplaw, has been banned from working in the legal profession after using her company credit card for over £300,000 in personal expenses. The suspicious transactions, flagged by the firm’s bank, led to an internal investigation revealing the misconduct between November 2019 and June 2024. Sodergren admitted the breach and resigned immediately. Legal Future has more on this story.

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Business downturn and redundancies: How do I handle it?

If you are in the unfortunate position of having to make redundancies, it may be tempting to make FTC staff redundant before considering your permanent employees. However, this approach is not without risk, given the rights and protections afforded to fixed term employees. More from Jack Balmer, Director in the Employment team at Tughans LLP, in this month's How do I handle it? You can read the full article here.

SPI Spirits (UK) Ltd v Zabelin [2023]

The EAT dismissed the appeal, finding the contractual cap unenforceable due to statutory restrictions on waiving employment rights. A detailed case law analysis by Louise McAloon, Partner at Worthingtons Solicitors, is available here.

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Five ways to support employees with addiction

The association between work culture and alcohol drinking is well known, from celebratory drinks at the end of the day to the complimentary beverages provided at corporate events. However, recent research from Bupa has shown that more than half of employees struggle with some form of addiction, including 15% with alcohol. This article from HR Director outlines how to open these conversations at work.

Why employees hesitate to disclose mental health concerns – and what employers can do about it

About one in four employees has a diagnosable mental health condition, and up to 65 per cent say mental health concerns interfere with their ability to work. This article from the Conversation looks at a study that identified three elements of a workplace that support mental health disclosure. You can read more here.

Microlearning Strategies for Reskilling the Modern Workforce: A Practical Guide

As automation accelerates, reskilling is essential. Microlearning—short, targeted lessons—offers just-in-time knowledge that fits busy schedules and evolving job needs. From scenario-based modules to gamification and peer insights, these strategies enable efficient, relevant learning and foster adaptability, ensuring employees remain competitive in a rapidly changing job market. You can read more from HR Director here.

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A council worker who claimed he had a "strong desire to work as many hours as possible" had four jobs simultaneously. Bryn Howells was taken to court after it was found he was working for two local authorities and a firm that provided services on behalf of others. He received salaries and other benefits to the total of approximately £236,000. Howells also held a fourth role with another council via an agency at the same time, earning further income reports Bristol Live.

Tesla CEO Elon Musk has left employees at his artificial intelligence startup xAI stunned after issuing a directive to install a productivity-tracking tool, not just on company laptops, but on their personal computers as well, as per a report. Staff working on xAI’s AI chatbot, Grok, were instructed to download Hubstaff, a monitoring app that tracks URLs, application usage, and takes periodic screenshots during work hours. More from the Economic Times.

Hundreds of Liverpool University staff are to stage additional strikes in their dispute over hybrid working arrangements. More than 340 professional services staff will go on strike on 14 August (A-level results day) and 16-19 September, when the university is due to welcome new and returning students. The dispute started after Unite accused managers of failing to consult sufficiently on changes to hybrid-working arrangements. Personnel Today has more here.

An employment tribunal unanimously sided with a disabled former worker of car manufacturer BMW, ruling that he was unfairly dismissed after BMW used covert surveillance to spy on him, and didn’t believe his symptoms. After Mohamed Kerita was signed off sick, the HR manager at the time instructed a surveillance officer to covertly watch Kerita due to a suspicion that arose within the company that Kerita may be falsely claiming sick pay, and therefore guilty of gross misconduct. More on this from HR Magazine.

An independent report has upheld 45 allegations against MasterChef presenter Gregg Wallace. Wallace was sacked by the BBC last week after the broadcaster said that 50 people had approached it with fresh claims of sexual harassment and inappropriate behaviour. Law firm Lewis Silkin has now released the findings of its investigation into his conduct, commissioned by MasterChef’s production company Banijay. Personnel Today has more.

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The Good Work Time Series 2025

The Good Work Monitor Time Series tracks trends in access to good work across local authorities in England, Scotland and Wales. This unique view over time is designed to help policymakers at all levels of government identify the most effective ways to improve economic, technological, social and health outcomes together.

Good work is more than employment. It is work that promotes dignity, autonomy and equality; work that has fair pay and conditions; work where people are properly supported to develop their talents and have a sense of community. Our research has shown that, more than any other single factor, access to good jobs will determine future prospects for people and places across Great Britain. View the report here. 

UK Supreme Court publishes its Annual Report & Accounts 2024-25

The UK Supreme Court's Annual Report & Accounts 2024–25 highlights the Court’s pivotal role in shaping statutory interpretation and common law through over 90 judgments, many with employment law implications. It details digital innovation with a new Case Management System enhancing user accessibility and efficiency. The Court also celebrated its 15th anniversary with outreach events across the UK, reinforcing public confidence in judicial independence and accessibility. You can read more about it here.

The Employment Rights Bill does not go far enough

It is only trade union power at work that will materially improve the lot of working people as a class but without sector-wide collective bargaining and a right to take sympathetic strike action, we are hamstrung in the fight to tilt back the balance of power, reports the Morning Star.

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FREE WEBINAR: MCS Lunch and Learn: What Top Recruiters Know that You Don’t (Yet)    

🔔 Please note that the webinar has been rescheduled to 23rd July.

🗓  Thursday, 23 July 2025
🕚 12:00 – 12:45 (45 mins)
💻 Online

Register HERE.
                                                           
Join our MCS Lunch and Learn webinar with leading recruitment experts Ryan Calvert and Rebekah Mulligan. In the first quarter of 2025, the business and recruitment landscape has already been reshaped by macroeconomic, socio-economic, and political forces.

In this 45-minute webinar, Ryan and Rebekah will share the latest trends in recruitment, exploring how organisations are addressing skills shortages, meeting the demand for flexible work, and adapting to the changing expectations of today’s candidates.

In this session, we’ll cover:

• Evolving Hiring Trends – Gain insight into where job demand is expected to increase in the next year.
  
• Practical Strategies for Addressing Skills Shortages and Talent Demands – Learn how organisations are responding to economic pressures and shifting labour markets.
  
• Building an Authentic and Competitive Employer Brand – Discover how cultural fit and retention efforts can strengthen your recruitment strategy.

Got questions? Bring them along! Ryan and Rebekah will be answering audience questions, giving you the chance to get expert advice on the issues that matter most to you.

Check out previous discussions:
Legal Island | Webinars and Podcasts

Enjoy your weekend!

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