Top 5 for Busy People: 

1. Heatwave hitting? Here's what NI employers are legally obliged to do 🌡️
2. Has HR lost the plot... and is extinction on the horizon? 😬
3. I faked my way into a job using deepfake technology... and it worked 😱
4. The neatest HR punchline of 2026 so far 😄
5. Skill Builder... Managing Protected Disclosures 🎓

In other news................Q is for Questions in Investigations – Getting Fairness and Process Right

1. Case Law Reviews
2. AI and Employment Law
3. Skill Builder for HR: Managing Protected Disclosures
4. 'I feel like a second-class citizen' - Shop staff facing abuse
5. 'Emotional' day as first baby loss certificates applied for in NI
6. Coping with the heatwave
7. DEI
8. Just in Case You Missed It...
9. HR Developments
10. Employment News in the Media
11. GB Developments
12. Free Webinars This Month

XX v YY [2026] EAT 89

Summary Description: 

A duress claim relating to whether there had been a breach of contract was not fully examined by the Tribunal and an appeal was allowed to ensure that it would be fully examined when the case was remitted.

Claimant: 

XX

Respondent: 

YY 

Practical Guidance for Employers:

An interesting case from a factual perspective and how this leads to some fairly novel legal arguments is demonstrated here.   The issue of duress was raised and that could have an issue in terms of whether there was a breach and the nature of that breach.  However, at the Tribunal it was only touched upon rather than being fully explored.  This was clearly noted by the EAT who stated that it would need to be fully examined in terms of its impact.  This is more of a learning point for Tribunals in ensuring that the arguments raised by the parties are properly analysed within the written judgment.

Read the Review in full: XX v YY [2026]

Ndow v University Hospitals Birmingham NHS Foundation Trust [2026] EAT 64

Summary Description: 

EAT case dismissed on the basis that the appeal court could not examine new arguments which were not made to the first instance Tribunal.

Claimant: 

Ndow

Respondent: 

University Hospitals Birmingham NHS Foundation Trust

Practical Guidance for Employers:

This demonstrates a very important feature relating to appeals generally. The appeals process is not an option for appellants to re-open cases and making new arguments which were not originally made. The claimant, at the first instance, had the opportunity to raise the arguments seeking to have an extension of time but did not so. There is no merit in allowing these new arguments which would be extremely problematic for the appellate court as well as for respondents to those appeals.

Read the Review in full: Ndow v University Hospitals Birmingham NHS Foundation Trust [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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Society has ‘months, not years’ to prepare for major AI cyberthreats

The leaders of the cyber intelligence agencies that constitute the Five Eyes group have collectively urged businesses and governments to ready themselves for increased dangers created by powerful new technology. Frontier AI models are expected to exceed current industry expectations of cyber threats, according to a joint statement issued by the leaders of the cybersecurity agencies from the governments of the UK, US, Canada, Australia, and New Zealand. This will lower the barrier for malicious actors to attack both governments and businesses, according to the cyber chiefs – but could also be used to strengthen cyber defence. Public Technology has more.

England: AI law firm wins first court case after landmark trial

An AI-powered law firm has secured its first courtroom victory, in what is believed to be a world first for a regulated legal practice operating through artificial intelligence. Garfield AI, which became the first AI law firm authorised by the Solicitors Regulation Authority in May 2025, successfully assisted a freelancer in recovering £7,000 in unpaid fees following a trial at Wandsworth County Court. Irish Legal News has more on this.

‘I created a deepfake candidate – and got the job’

After a fabricated AI-generated female persona landed a remote role, People Management explores how HR teams can spot and prevent recruitment fraud:
https://www.peoplemanagement.co.uk/article/1962359/i-created-deepfake-candidate-%E2%80%93-job

AI for HR Weekly Podcast with Barry Phillips 🎙️

This week's episode:

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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Skill Builder for HR: Managing Protected Disclosures

📅NEW DATE: Wednesday, 8th July 2026 

🕒 12:30 - 14:00 (1 hour 30 mins)

📍 Live online 

Think whistleblowing is dry? Think again. This session tackles the real-world challenges HR professionals face when managing protected disclosures. It covers keeping information confidential and balancing competing interests, as well as navigating sensitive interpersonal dynamics and running investigations smoothly. Led by employment law experts Michelle McGinley, Director of Legal & Policy this session goes beyond theory, sharing practical insights that you can apply immediately.

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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Helen Edwards works in a shop, a place where she can become a target for shoplifters or those engaging in anti-social behaviour two or three times a week - or even, she says, two or three times a day. Edwards is one of thousands of people across Northern Ireland who work in shops and have to deal with the threat of shoplifting or anti-social behaviour. A new sentencing bill introduced to the Stormont assembly in March by Justice Minister Naomi Long will make it a specific offence to assault a public facing worker. The BBC has more on this.

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Bereaved parents who lose a baby before 24 weeks of pregnancy in Northern Ireland have begun applying for a certificate in recognition of their loss. The Baby Loss Certificate scheme went live on Monday and applies to losses before the end of week 24 of pregnancy, or before week 28 for losses before 1992. Until now there has been no formal way to acknowledge losses before 24 weeks of pregnancy in Northern Ireland. More from the BBC.

And if you need a refresher...

Q&A: What is the new miscarriage leave coming in for Northern Ireland in April 2026?
Madison Bowyer, Associate in the Employment Law Group of Arthur Cox NI, answered your questions here.

And...

Employment Law at 11: Miscarriage & Bereavement in the Workplace
Seamus and Christine discussed the changes here.

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Extreme hot weather and your workforce – a reminder of NI employers’ obligations during heatwaves

Last year, Lewis Silkin set out guidance for employers across Northern Ireland and Great Britain on managing extreme weather at work here. This insight provides a refresher on employers’ obligations and practical steps to keep your workforce safe and productive when the mercury rises. Read the Lewis Silkin article in full.

And…

CIPD: Heatwaves at work: guidance for employers

With temperatures set to soar to 39°C in parts of the UK this week, many employers will be turning their attention to how extreme heat may impact their workforce. While heatwaves are not new, the frequency and intensity we are now seeing means they can no longer be treated as a short-term inconvenience, and they demand a considered and proactive response. Read more.

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An NHS trust has paid out £187,000 in damages after an employment tribunal found it harassed seven nurses by requiring them to share a changing room with a transgender woman

Judges ruled County Durham and Darlington NHS Foundation Trust created a "hostile environment" for nurses who objected to Rose Henderson, who was born male and identifies as a woman, using the single-sex changing rooms. One of the claimants, Bethany Hutchison, said the nurses raised their concerns to protect women but were instead subjected to "pressure and intimidation". More here from the BBC.

NI Civil Service staff told not to participate in Pride parades in 'official capacity'

The News Letter reports civil servants have been told they should not participate in LGBTQ+ parades this summer, as Jayne Brady’s organisation U-turns on a previous commitment to take part as “an inclusive employer”.

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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.....

Q is for Questions in Investigations – Getting Fairness and Process Right

Workplace investigations are often the foundation upon which significant employment decisions are made. Whether addressing allegations of misconduct, grievances, bullying, harassment, discrimination, or whistleblowing concerns, the quality of an investigation can have a direct impact on the fairness and defensibility of any subsequent action. Shannon Lennon from AAB People provides guidance here.

As we approach the summer holiday period, we need to ask staff to be ‘on call’ to cover gaps in our staff coverage due to annual leave: How do I Handle it?

As the summer heatwave arrives, so does the annual staffing headache.  Can you ask employees to be on call, and if so, how should you manage it? Jack Balmer from Tughans LLP outlines how to keep your cool.

What mistakes have you seen in practice regarding the reporting of wrong-doing by a bystander?

Seamus McGranaghan from O'Reilly Stewart discusses what mistakes employers typically make at this stage that gets them into hot water further down the line. You can catch up here.

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Does HR faces ‘extinction’ and has it ‘lost the plot’ on the future of work?

SHRM President and CEO Johnny Taylor says HR is in need of a revolution that will reshape it into a function that organizes how work is done, whether by humans, artificial intelligence or other technologies. Taylor also referenced recent headlines made by Ryan Breslow, CEO of financial tech company Bolt, who said the company laid off its entire HR team for “creating problems that didn’t exist.” At Uber, he continued, the company slashed 23% of its people team just a few weeks prior. More from HR Dive.

UK Heatwave: Can I refuse to work?

The Met Office has issued an amber weather alert for severe heat from Monday until Thursday. This has prompted a flurry of questions from across all corners of the internet as workers figure out what these rising temperatures might mean for them. Here's guidance and rules from the Reading Chronicle and what it means for workers.

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The Wall Street giant is fighting an explosive lawsuit involving a former banker who alleges sexual abuse, and has just sacked a diversity executive after she was filmed walking off with a Knicks-themed rubbish bin at a championship parade. Separately, both stories are headline-worthy. Together, they have handed the internet one of its neatest punchlines of 2026. The International Business Times has more.

Sport’s highest court has delivered a landmark legal victory for female footballers, ordering Italian club Lazio Women to pay compensation to Maja Göthberg after contract talks ended upon learning of her pregnancy. The Court of Arbitration for Sport (Cas) has instructed Lazio to pay the former Sweden youth international more than 70,000 euros (£60,000) in salary compensation, alongside damages for "infringement of her personality rights”, plus 5 per cent interest accrued over the past two years. Read more.

Consultants and specialist doctors have taken part in industrial action over pay. This was the first time these two groups of doctors went on strike in Northern Ireland, and while some routine and elective services were cancelled, the Department of Health said 90% had gone ahead. Full emergency cover remained in place and patients could attend all scheduled appointments unless advised otherwise. Read more on the BBC.

John Edwards has resigned as information commissioner following an investigation into his conduct. The ICO said the investigation found that "his behaviour fell short of the conduct expected from a public official". More from Civil Service World.

Two British cybercriminals from the Scattered Spider hacking group have pleaded guilty to a cyber-attack on Transport for London in 2024 that cost £39m and affected 10 million people. Thalha Jubair, 20, and Owen Flowers, 18, pleaded guilty to offences under the Computer Misuse Act at Woolwich crown court on Monday.  More from the Guardian.

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

Temporary staff, Permanent Risks: Health and Safety and the Summer Holiday Crunch

As we approach the summer holidays, it is common for businesses in all sectors to face increased demand as well as staff shortages. Many employees will likely be taking time off over the summer, leading to businesses needing to plug the resource gap this leaves. At certain peak periods, such as the school summer holidays, this can lead to an increased reliance on agency or casual workers and it is important that employers are aware of their duties under health and safety law and the associated risks of using temporary workers. More from Weightmans.

What Keir Starmer's resignation could mean for HR and employment reform

The resignation of Prime Minister Keir Starmer has created uncertainty around the future direction of UK employment policy. While major reforms such as the Employment Rights Act are unlikely to disappear, a new Labour leader could reshape priorities around trade unions, workforce development, flexible working and AI governance. For employers, the challenge will be preparing for continued workforce change amid an evolving political landscape. HRD Connect has more here.

However...

Timing for unfair dismissal reforms confirmed; consultations launched on zero hours, carers and public duty time off

The Government has now confirmed the timing for the changes to ordinary unfair dismissal law under the Employment Rights Act 2025. The Government has also launched three more consultations on ERA 2025 reforms covering:

•    the requirement to make guaranteed hours offers to zero hours workers and low hours workers
•    employment rights for unpaid carers and parents of seriously ill children (open until 1 September)
•    amending the list of public duties for which reasonable time off is available, to include special constables and other roles involving local public duties and remove certain other national roles (open until 4 September)

More from Herbert Smith Freehills Kramer.

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Employment Law at 11 - Real Cases, Real Lessons

If you didn't get to join Seamus McGranaghan, O'Reilly Stewart Solicitors & Christine Quinn, Legal Island in the latest Employment Law at 11 as they discussed NI caselaw - shoplifters, swearing and ChatGPT, don't worry - you can catch up here.

 Seamus and Christine will return with Employment Law at 11 on Friday 7th August. Register here. 

Enjoy your weekend!

Legal Island

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