Five to Know:

1. Neurodiversity tribunal cases at a five-year high - and most managers aren't ready 😬
2. Trade union urges Ulster University to hit pause on hundreds of job cuts ✋
3. Why are UK workers drowning in admin while Europeans aren't? 📋
4. Is your team quietly disengaging? Here's how to spot it early 👀
5. Skill Builder: Employee Engagement for the Modern Workplace 🎓

In other news................O is for Ordinary Unfair Dismissal - don't miss AAB's latest article ⚖️

1. Case Law Reviews
2. AI and Employment Law
3. Skill Builder for HR: Employee Engagement in Modern Workplaces
4. Pay
5. Workload & Burnout
6. DEI
7. Just in Case You Missed It...
8. HR Developments
9. Employment News in the Media
10. GB Developments
11. Free Webinars This Month

Breen v Tesco Stores & Doherty [2026] NIIT 12767/25

Summary Description: 

Disability discrimination case dismissed due to being out of time. Waiting for a formal response to a complaint raised with the employer was not sufficient grounds for extending time.

Claimant: 

Siobhan Breen

Respondent: 

Tesco Stores Ltd
Fiona Doherty

Practical Guidance for Employers:

The allegations raised by the claimant in terms of the treatment following the ‘walk off’ is quite stark and could be difficult to defend.  However, that is not a factor to be considered in determining whether time should be extended.  Instead, it is based upon the evidence brought forward by the claimant as to why they did not submit on time.  The argument that it was based upon ill-health without any specific evidence and that they were waiting for a formal response were insufficient and therefore the case was dismissed.

Read the Review in full: Breen v Tesco Stores & Doherty [2026]

Parker v West Midlands Trains Ltd [2026] EWCA Civ 357

Summary Description: 

Appeal allowed regarding time limits when the claimant, in error, was told that the appeal had been properly instituted and was then told that the appeal was out of time when the office found that a required document had not been included.

Claimant: 

Lloyd Parker

Respondent: 

West Midlands Trains Ltd

Practical Guidance for Employers:

Another case relating to time limits – this time relating to appeals.   The allowance of ‘minor errors’ in relation to allowing an extension for the EAT appeals demonstrates some flexibility but it was not exercised here.   Considering the claimant was told by the EAT staff that it was properly instituted it was then not appropriate to find that the claimant had not met the time limits and could not have an extension.  This is likely to be frustrating for the respondent as it was out of their control but those going into the Tribunal or Courts should be mindful of the overall picture including the detail received from the offices of the Court.

Read the Review in full: Parker v West Midlands Trains 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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The role of AI in performance-related pay

In organisations where performance and pay are linked with greater transparency, AI introduces new challenges and rewards, writes Kayla Velnoskey, director and analyst in the Gartner HR practice. She explains why it is urgent for HR leaders to evolve pay for performance strategies in response to AI’s growing impact. Personnel Today has more.

AI is flattening the jobs market for young people, says Sunak

Artificial intelligence (AI) is flattening the jobs market for young people and governments should eliminate National Insurance to make hiring workers more attractive, former prime minister Rishi Sunak has told the BBC. Sunak, now an adviser to AI firm Anthropic and Microsoft, said while he is an enthusiast for the transformative impact of AI, he said concerns from graduates looking for entry level jobs were justified. Read more.

AI hacking tools like Mythos can be 'net positive' says top cyber official

AI tools have the opportunity to be a major boost for cyber-security defences if they are secured, according to the UK's top cyber official. The threat of AI such as Claude Mythos has made headlines around the world after its maker Anthropic revealed it to be extremely good at hacking, reports the BBC.

NI AI Advisory Panel established to drive growth, skills and innovation

Economy Minister Dr Caoimhe Archibald has chaired the first meeting of a new Artificial Intelligence (AI) Advisory Panel, established to help shape Northern Ireland’s AI future. The Panel brings together experts from industry, academia and government to provide a co ordinated approach to addressing the economic challenges and opportunities presented by AI. Read here.

Helping hand or complete control? AI in recruitment in the EU and UK

The EU AI Act, the GDPR and the UK GDPR distinguish between AI tools that make recruitment decisions and those that assist humans to make recruitment decisions, but the frameworks apply different legal thresholds and trigger different obligations on employers. A recent UK Information Commissioner’s Office (“ICO”) report found that employers often believe they are using ‘decision support’ tools when, in practice, those tools are making fully automated decisions with no meaningful human involvement. Ropes & Gray provides insight.

AI for HR Weekly Podcast with Barry Phillips 🎙️

Hub subscribers are beginning to request that our Chairman, Barry covers a particular AI topic in a future podcast. If you have a request, send it to him directly at barry@legal-island.com - he’ll feel like a DJ from the 80s…...🎧

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

Listen on all major platforms: 🎧 Spotify or Apple Podcasts

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

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Struggling with disengaged teams, fractured communication and constant digital overload? This short, high-impact session gives HR professionals practical strategies to rebuild employee engagement, improve focus and strengthen retention. Join Anne Phillipson, Managing Director, Phillipson Performance Partners on 21st May and turn frustration into meaningful progress. BOOK today. 

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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Labour Market Statistics - April 2026

The latest labour market statistics were published by the Northern Ireland Statistics & Research Agency. Key findings include:

• NI employees had a median monthly pay of £2,434 in March 2026
  
• The latest NI seasonally adjusted unemployment rate for the period December-February 2026 was estimated at 2.2%.
  
• NISRA received confirmation that 160 redundancies occurred in March 2026, taking the annual total to 2,370

You can find the full report here.

Antrim and Newtownabbey Council directors' six-figure packages are published

As Antrim and Newtownabbey Council continues to make money-saving cuts and has come under fire for a recent rates increase, a new study has revealed how the organisation’s top-table staff members have received six-figure salary, expenses and pension packages. The Antrim Guardian has more on this.

Reports of employers failing to pay NMW surges to five-year high

Data obtained by TWM Solicitors reveals that HMRC received 7,622 whistleblower tip-offs in the 12 months to 5 April 2025, marking a 360% increase compared with 2020-21. The figures showed a consistent year-on-year rise in complaints, suggesting increasing awareness among employees as well as mounting strain on employers, said the firm. Personnel Today has more. 

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'Unsustainable' workloads contribute to teacher burnout

Brian Banks, who teaches in an integrated school in Belfast, said the workload challenges had a "knock on effect" on pupils. It comes as research by Dublin City University (DCU), in collaboration with St Mary's University College in Belfast, has found 91% of teachers in Northern Ireland are experiencing work-related burnout. Over 600 teachers across the country were surveyed for the research, with 46% saying they were likely to leave the profession due to burnout. More from the BBC.

And…

Why are UK workers swamped in admin compared to European counterparts?

UK workers spend more time on administrative tasks than their European counterparts, with nearly a third of their working week (31%) taken up by non-core activities, according to new research. The UK sits at the top of the table for admin burden, ahead of Spain (29%), Germany (27%), France (26%) and the Netherlands (23%), while Italy reports the lowest levels at just 21%. It presents a concern, as administrative overload is becoming a significant contributor to employee dissatisfaction and attrition. HR Director has more. 

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35% of managers lack confidence on neurodiversity adjustments as tribunal cases hit five-year high

More than a third (35%) of HR and compliance professionals say managers in their organisation lack confidence when discussing reasonable adjustments for neurodivergent employees, according to a survey of 495 workplace professionals by compliance eLearning provider, VinciWorks. Almost a third (30%) described managers as “not very confident” and only five per cent said they were “not confident at all.” You can catch up with Legal Futures. 

Need help with this? Legal Island's Neurodiversity Awareness eLearning course if just the thing!

Shining a light on women’s hormonal health at work

Menopause Hub and Core invite women nationwide to share lived experiences to inform future workplace and health policy. Think Business has more.

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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.....

O is for Ordinary Unfair Dismissal

In employment law, dismissal is rarely judged solely on the outcome—it is the fairness of the process that is often decisive. Ordinary unfair dismissal sits at the centre of this principle, requiring employers not only to have a fair reason for dismissal, but also to follow a fair and reasonable procedure. Read more from Niall O’Higgins, Senior HR Consultant, AAB.

Is there anywhere where people can find a recommended sickness absence policy or recommended trigger points?

Even where somebody is on sick leave or there are problems with it, you need to be able to say, "Here's the policy and procedure. Please read it". You need to understand what the company's position is. Read more on sickness absence from Seamus McGranaghan, Director – Commercial, Education, Employment & Licensing, O'Reilly Stewart Solicitors

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How to spot the early warning signs of team disengagement

Lesley Cooper, founder and CEO of WorkingWell, outlines five early warning signs of team disengagement and how organisations can act early to support wellbeing, strengthen relationships and sustain high performance in this article for HRD Connect. More here.

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A trade union has called on Ulster University to pause plans to shed hundreds of jobs, warning it raises "serious questions" about the expansion of its Londonderry campus. The university is to make up to 450 staff redundant due to a financial deficit of around £25m. More from the BBC. 

A charity chair has resigned after a court recently ruled against his claim that whistleblowing rights should be applied to voluntary trustees. In February, the Employment Tribunal (ET) ruled that Nigel MacLennan was not able to claim whistleblowing protection as an employee might when he served as a trustee and president-elect of the British Psychological Society (BPS). MacLennan, who plans to appeal the ruling, has now stepped down from the board of children’s classical music charity Playground Proms. Civil Society has more on this story.

Two council workers have won a harassment claim over a colleague exposing himself to them outside of work. The claimants, who work for Bridgend County Borough Council, were awarded more than £11,000 after the employment tribunal in Cardiff concluded the employee’s behaviour had counted as harassment, as it was unwanted and had violated the claimants’ dignity. More here from Personnel Today.

Personnel Today reports a former chief HR officer for the Co-operative Group has been awarded more than £100,000 for sex discrimination and unfair dismissal. Samantha Walker won an equal pay case against the Co-op in 2018 at the Manchester employment tribunal, which upheld complaints of unfair dismissal, sex discrimination and equal pay. More here.

A court has jailed a couple – one of whom works in HR – for stealing the personal data of Transport for London (TfL) employees and submitting fraudulent tax rebate claims totalling £650,000. Luciana Akanbi, who worked in HR for TfL, illegally accessed her colleagues’ private, personal data. She and her husband retrieved the passport numbers, national insurance numbers and bank details of 40 TfL employees and lodged 139 fraudulent tax rebate claims with HMRC. HR Magazine has more. 

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

Tribunal claims backlog growing in number and complexity

Personnel Today reports the backlog in single employment tribunal claims in England and Wales is expected to soon surpass 60,000 as claims increase in complexity. Minutes of the Tribunal National User Group meeting, held last month and published last week, reveal receipts of single claims are at their highest level since the pandemic. Read here.

Flex your opinions on flexible working

A government consultation on flexible working offers the opportunity to influence the new employment rules. Have your say before the end of the month. Accounting Web provides an overview here.

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Employment Law at 11: Harassment, Bullying and the Active Bystander

Most people witness something wrong at work. Few know how to act.

Join Legal Island’s Christine Quinn and Seamus McGranagahan of O’Reilly Stewart Solicitors as they explore what active bystanding really looks like, what the law says, and how the right training turns good intentions into confident action.

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 the last 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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