Five Things to Know This Week:

1. New CJEU ruling reinforces that transgender rights must remain protected in NI ⚖️
2. When do procedural flaws make a dismissal unfair? 🧑‍⚖️
3. Making the employment lifecycle more neuroinclusive 🧩
4. Consultation on NI justice system equality and disability action plans 🌐
5. Firms to be paid to hire unemployed young people 💷

In other news....last chance to grab your spot in our 90 minute Skill Builder for HR on Neurodiversity at Work, next Thursday, 26th March, and turn good intentions into real impact 💡Book your spot here. 

1. Case Law Reviews
2. AI and Employment Law
3. Neurodiversity at Work
4. Firms to be paid to hire unemployed young people
5. When do procedural defects make a dismissal unfair?
6. DEI
7. Pay
8. Consultation on NI justice system equality and disability action plans
9. Just in Case You Missed It...
10. HR Developments
11. Health & Safety Developments
12. Employment News in the Media
13. GB Developments
14. Free Webinars This Month

Kanapathipillai v Almac Group Ltd [2026] NIFET 25/25 FET

Summary Description: 

Time not extended for both unfair dismissal and discrimination claims with the Tribunal applying both tests.

Claimant: 

Jegatheepan Kanapathipillai

Respondent: 

Almac Group Ltd

Practical Guidance for Employers:

This case demonstrates the different tests that are applied in extending time relating to unfair dismissal and discrimination.  In both the ‘not reasonably practicable’ and the ‘just and equitable’ tests it was held that time could not be extended but the Tribunal had to apply the facts of the case to the different tests before being able to reach those conclusions.  Even in the more discretionary test of just and equitable time could not be extended considering the claimant’s ability to be able to bring the case in time and the balance that has to be taken into account with the respondent’s ability to be able to defend the claims.

Read the Review in full: Kanapathipillai v Almac Group Ltd [2026]

Olarewaju v Bupa Care Services Ltd [2026] EAT 38

Summary Description: 

Interim relief application refused when tribunal found it was unlikely that the decision to dismiss was based upon protected disclosures; rather it was more likely to be the misconduct of the claimant.

Claimant: 

OE Olarewaju

Respondent: 

Bupa Care Services Ltd

Practical Guidance for Employers:

An opportunity for an examination of interim relief applications and how they are viewed by the Tribunal. It is apt to note that for interim relief it is a summary assessment of the case rather than it being a full finding, making findings of fact or points that would affect the full case.  In this situation, the evidence was set out by the respondent relating to why they had made the decision to dismiss whereas the respondent had not set forward any evidence in his claim of the conspiracy against him.

Read the Review in full: Olarewaju v Bupa Care Services Ltd [2026]

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These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website.

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.

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Is AI Helping Burnout or Quietly Making It Worse?

AI is often sold as a cure for burnout. Automate the repetitive work, speed up administration, reduce friction, free people for higher-value tasks. That promise is not entirely wrong. But in 2025 and 2026, the evidence is becoming more complicated. Read more.

The boundaries of privilege in human-machine conversations

As generative artificial intelligence ("GenAI") tools gradually become ubiquitous in our professional and personal lives, parties to legal proceedings are increasingly asking GenAI chatbots for assistance with their cases: is there case law to support my position? Are we allowed to do X? Draft my submission for Y.  DAC Beachcroft LLP looks at the issue of legal professional privilege and whether communications with GenAI chatbots can be withheld from production in a disclosure context.

Organisation Design for CHROs: Leading Change in the AI Era

Gartner research shows that by 2028, top-performing organisations will shift over half their workforce to versatilist roles, reduce decision-making layers from six to four, and move toward product-aligned structures. You can download the Gartner guide here.

AI for HR Weekly Podcast with Barry Phillips 🎙️

The Rise of the Artificial Colleague

You can tune into the latest episode right here - or, if you’re on the move, why not take us with you?

🎧Listen on Spotify or Apple Podcasts.

Simply search for “AI for HR Weekly Podcast” and enjoy expert insights anytime, anywhere.

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How to make the employment lifecycle more neuroinclusive

Ann Robson explains the advantages of embracing neurodivergent workers and what organisations can do to support them in this article for People Management.

Skill Builder for HR: Neurodiversity at Work

📅Thursday 26th March 2026
⏰12:30 - 14:00 ( 1 hour 30 mins )
📍Online

Part of the Skill Builder for HR series, this 90-minute practical session is designed for HR professionals managing diverse ways of working across their organisations. Dr Susan Hill of Medmark Occupational Healthcare will share practical guidance on helping HR move from reactive case management to proactive, culture-shaping impact. You’ll gain clear, actionable insights to better support employees, partner effectively with occupational health, and strengthen team dynamics. More here.

Legal Island Employment Law Hub Members receive two FREE Skill builder places*

*As part of their subscription - worth £270. T&Cs apply.

Find out more about all the upcoming Skill Builder for HR sessions HERE. 

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Ministers want to create 200,000 jobs and are pledging £1bn in funding for several initiatives. Businesses will receive £3,000 for every person between the ages 18 and 24 that they employ who has been searching for a job for six months or more, while small and medium firms will be paid £2,000 for every new apprentice they take on. More from BBC News.

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A recent Employment Appeal Tribunal (EAT) judgment is a reminder that even where the initial decision to dismiss appears fair, defects in the appeal process can still render the dismissal unfair overall. The case highlights the importance of treating the appeal stage as an integral part of the dismissal procedure rather than a procedural formality. Sarah Beeby from Dentons provides guidance in this article for Lexology.

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New CJEU ruling ‘double underlines’ transgender rights must stay in Northern Ireland

A landmark EU court ruling on legal gender recognition “double underlines” the incompatibility of a controversial UK Supreme Court ruling with EU law, meaning it cannot be implemented in Northern Ireland. Irish Legal News has more on this story.

Northern Ireland Childcare Subsidy Scheme to continue into 2026-27

Belfast Live reports the Education Minister, Paul Givan has announced that the Northern Ireland Childcare Subsidy Scheme (NICSS) will continue into 2026-27. The subsidy cap, which is the maximum amount that can be claimed per child will rise from April 2026 to reflect expected increases in childcare fees. In addition, the administrative payment provided to childcare providers participating in the scheme is being increased. Read more.

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Labour Market Statistics - March 2026

The labour market statistics were published yesterday by the Northern Ireland Statistics & Research Agency.

Majority of jobseekers avoid roles without salary details, survey finds

Eight in 10 candidates will not apply for positions that fail to disclose pay, yet fewer than half of HR job ads include remuneration information. More from People Management.

Why a job evaluation scheme may be the biggest pay transparency liability

Most organisations have a job evaluation scheme. Few could explain, clearly and credibly, how any role was valued or demonstrate that their methodology is free from structural bias. With the EU Pay Transparency Directive coming into force, that gap is about to become significantly more expensive to ignore. HR Director outlines the risks. 

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Northern Ireland’s Department of Justice has begun consulting on its draft equality and disability action plans for 2025 to 2030. The consultation was launched this week in line with the Department’s statutory obligations under section 75 of the Northern Ireland Act 1998 and the Disability Discrimination Act 1995 (as amended by Article 5 of the Disability Discrimination (NI) Order 2006). More from Irish Legal News.

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The Employment Law Hub is a comprehensive, jurisdiction-specific resource designed for HR professionals, legal advisors, and business leaders. It centralises essential employment law and HR updates, expertly curated and written by leading HR and legal specialists to provide reliable, practical, and authoritative insights. We have over 700+ in depth articles and 1000+ case law reviews. As a subscriber, you have access to all of this. Check it out the full Hub here and below are some recent articles you may have missed.....

Data misuse concerns: How do I Handle it?

This month, Emma from Tughans LLP looks at the issue of employees sending internal documents to their personal email accounts during workplace disputes in anticipation of bringing a claim.

N is for 'New' Ways of Working (the AI Revolution)

Ursula from AAB People examines the impact of AI on HR and workforce planning.

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Good Managers more important than flexible working benefits

A new survey from Stribe has polled HR professionals to reveal the most important things to workers. Read more from HR Director.

The link between employee recognition and retention

Recognition influences retention for one simple reason: it answers a core question employees ask constantly, even if they never say it out loud - does what I do here matter? Retail Focus has more.

Most Employees Won’t Retire Until Their 80s

New research from the high-interest savings platform Flagstone has uncovered a startling “retirement reality gap” that should put every CHRO and Finance Director on high alert. The study reveals that a staggering 86% of employees are not on track to retire at their desired age with their desired income. HRD Connect has more on this.

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NI firm fined £110,000 after death of subcontractor at quarry

Major construction firm FP McCann Ltd has been fined £110,000 following the death of a subcontractor at its Loughside Quarry in 2023. The company was sentenced at Antrim Crown Court on Friday, March 13, after pleading guilty to a single health and safety offence arising from an investigation by the Health and Safety Executive for Northern Ireland (HSENI). Armaghi has more on this story.

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Nearly 400 employers have been named and shamed for failing to pay the national minimum wage, with facilities management company ISS topping the list. Other well-known companies included Busy Bees Nurseries, Bupa Care Services, Hays Travel, Amey, and Costa. Employers were told to repay a total of more than £7.3 million in wages owed to workers, as they faced £12.6 million in penalties. About 60,000 workers were affected. Personnel Today has the story.

Shopworkers in NI have spoken out about “high levels of violence, threats and abuse”, as a shocking survey reveals one employee was told they “should have been aborted”. Retail trade union Usdaw said the results of its annual survey, published on Wednesday, make for difficult reading and show that abuse and threats remain higher than pre-Covid levels, with shoplifting incidents also doubling since the pandemic. Full story from the Belfast Telegraph is here.

Car park operator NCP has entered administration, putting nearly 700 jobs at risk. National Car Parks has blamed rising energy prices and decreasing demand for physical parking following the pandemic for its difficulties. Personnel Today has more on this story.

The BBC reports a GP who was repeatedly shouted at by a tribunal judge has won the right to have her case reheard. Dr Hinaa Toheed, from Leeds, appealed against a 2022 employment tribunal ruling, citing the alleged conduct of presiding judge, Philip Lancaster. She claimed he shouted at her "at least 16 times" during the hearing.

Female staff in more roles at Asda do similar work of equal value to their male colleagues working in warehouses, an employment tribunal has ruled. The Employment Tribunal said that female staff working as shop floor assistants in Asda’s pharmacies and fuel stations are among those whose job is of equal value to some male comparators in depots. Women working as delivery drivers and security staff also do work of equal value. Personnel Today has more. 

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NB: Please note these articles relate to GB and do not apply in Northern Ireland, unless otherwise stated.

Employment Rights Act: Preparing for change in GB : New harassment measures extend protections for employees

Protection of employees from harassment, and sexual harassment in particular, has been a dynamic area in recent times and a clear area of focus for the current government. Now the Employment Rights act 2025 (ERA) in GB seeks to go further. The latest government roadmap provides that from October 2026, GB employers will have a duty to take all reasonable steps to prevent:

•    Sexual harassment of employees.
•    Harassment of employees by third parties.

From April 2026 in GB, sexual harassment will also be expressly included as a ‘qualifying disclosure’ for the purposes of whistleblowing protection. Further, the ERA will also prevent employers from enforcing non-disclosure agreements (NDA) in GB which prevent workers from making disclosures relating to harassment and discrimination. DLA Piper has more on this.

The Bereaved Partner’s Paternity Leave Regulations 2026

These Regulations introduce a new statutory entitlement in GB for an employee to be absent from work to care for a child during the first year following the child’s birth, placement for adoption, or entry into Great Britain in connection with or for the purposes of an adoption from overseas, in the event that the child’s primary carer dies (“bereaved partner’s paternity leave”). They come into force on 6th April 2026 in England and Wales and Scotland.

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Employment Law at 11

Our regular webinar will return in May. Got a topic you'd like Seamus and Christine to discuss? Drop us a line at gosia@legal-island.com or contact Seamus or Christine on LinkedIn.

📅 Friday 8th May 2026

🕒 11am to 11.45am

📍 Live online | Free to attend

REGISTER HERE

Can't wait until then? Catch up with last week's webinar here:

Miscarriage & Bereavement in the Workplace

NEW LEGISLATION ALERT: In our March instalment of Employment Law at 11 Seamus McGranaghan of O’Reilly Stewart Solicitors and Christine Quinn of Legal Island, gave us a guide to paid miscarriage leave in Northern Ireland, coming into effect in April 2026, and broader guidance on supporting employees through bereavement. They cover statutory entitlements, policy considerations, and best practices for compassionate workplace support, helping employers navigate these sensitive situations with confidence.

Enjoy your weekend!

Legal Island

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