Review of Recent Employment Developments in Ireland 16/09/2022

This week's top 5:

1. Your Annual Employment Law Update 2022 – Early Bird Offer Ends 5pm on Wednesday
2. SSP Scheme Commences January 2023
3. National Minimum Wage To Increase To €11.30 Per Hour
4. Negative feedback? How To Strip Out The Helpful From The Unhelpful
5. Legislative Programme For Autumn published

And in other news...............International Equal Pay Day, celebrated on 18 September, represents the longstanding efforts towards the achievement of equal pay for work of equal value. Have a look at this great video narrated by Rachel McAdams. 

CONTENTS

1. Case Law Review
2. Your Annual Employment Law Update 2022 – Early Bird Offer Ends 5pm on Wednesday
3. SSP Scheme Commences January 2023
4. Legislative Programme for Autumn 
5. Cost of Living Crisis
6. Remote and Hybrid Working Update
7. War on Women Thriving in Workplaces
8. Use of CCTV Footage in Disciplinary Hearings
9. Death in Service Scheme for Healthcare Workers Announced
10. DPC Announces Decision In Instagram Enquiry
11. Just in Case You Missed It...
12. HR Developments
13. Employment News in the Media
14. UK Developments
15. Friends of Legal Island
16. Free Webinars This Month

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1. Your Annual Employment Law Update 2022 – Early Bird Offer Ends 5pm on Wednesday

2022 has been another challenging year for HR professionals in Ireland.

Our flagship Annual Review of Employment Law conference brings together leading employment law solicitors and HR experts to provide a comprehensive update on the most important developments HR professionals in Ireland need to know.

It’s LIVE online on Wednesday 30 November & Thursday 1 December 2022.

Our promise to you:

• A comprehensive update covering the most important employment law developments you need to know
• Sessions delivered by specialist jurisdiction specific employment lawyers, HR and subject matter experts
• A great opportunity to network with your HR and legal peers from across Ireland
• Comprehensive pack of notes, slides and session recordings so you won’t miss a thing!
• Event Takeaways including practical action plans and key next steps
• Excellent customer service and a dedicated tech team available before and during the conference
• A user-friendly event platform with technical support available to you throughout

Join hundreds of your HR peers in learning from hand-picked speakers across 19 sessions including:

• Review of the Year (Part 1 and Part 2) with Jennifer Cashman, Partner, RDJ
• Harassment and Bullying Codes of Practice – What’s So Different? with Caroline Reidy, Managing Director, The HR Suite
• Gender Pay Gap Reporting: The Time is Now with Maura Connolly, Partner, Addleshaw Goddard LLP
• New Code of Practice on Pay Inequality with Deirdre Malone, Partner, EY Law
• Statutory Sick Pay – the New Bill, the staged approach and what it means for employers with Bláthnaid Evans, Partner, Ogier Leman Solicitors
• The Ireland Case Review 2022 and Key Next Steps with Duncan Inverarity, Partner, A&L Goodbody
• Social Media and the Impact of External Pressure to Dismiss with Denise Moran, Senior Associate at Matheson

Plus 12 other sessions including 4 roundtable discussions; live Q&A where you can put your questions to the speakers; and much more

“Excellent event and having it online was actually much better and more interactive than usual for me as I was able to direct message and have my questions answered. The digital learning pack will be invaluable! It was like

2 days of HR Therapy! Fabulous event!” Noeleen Farnan, Director, Business Primis

Our early bird offer ends at 5pm on Wednesday (21st September). Register now to grab our Early Bird Rate and you’ll save up to €100 per attendee:
https://www.legal-island.ie/events-ie/annual-review-of-employment-law/

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2. Case Law Review

Melissa Angarita Cardenas v Seda College [2022] ADJ-00026853

Keywords: Discrimination; Payment of Wages; Terms and Conditions; Fixed Term; Employment Equality Act

The Complainant worked for the Respondent, an English language college, in several different roles, from the 3rd of October 2016 until she resigned on the 21st of July 2021.   The Complainant submitted ten complaints to the WRC.

The Complainant was working part-time in student support, alongside working in the marketing department.  The contract provided that the Complainant’s rate of commission was 10% of sales. However, on the 21st of November 2018, when the Complainant requested payment of commission in respect of her 2016 sales, the Finance Director and the CEO said that her contract was incorrect and  her rate of commission was not 10% of sales. The Finance Director alleged it was not his signature on the Complainant’s contract of employment.  The Complainant submitted she did not receive her commission of 10% after waiting for two years.

On the 11th of September 2018, the Complainant started working as a receptionist. Her promotion was conditional on her continuing to work in the Latin American marketing department. In November 2018, she received a copy of her new contract. At a meeting on the 13th of December 2018, her line manager changed her commission rate from 10% of sales to €100 euro for course renewals and €150 for new courses.  The Complainant was told that if she did not accept the change in her rate of commission, the Respondent would only pay commission on new courses and would not pay any commission on renewals.

The Complainant claimed she was treated less favourably than other staff members.

The Adjudication Officer noted that "The complainant has demonstrated she was treated less favourably than [the two women] had been when they were in a comparable situation to the complainant within the meaning of the Acts. The only difference between the complainant and the comparators was that the comparators were of a different race."

The Complainant further submitted she was repeatedly victimised by the Respondent from February 2020. The Complainant’s email account had been blocked and it remained blocked until she resigned.

The Complainant further alleged she had been doing some printing in the Respondent’s premises when the Respondent’s HR Manager approached her in a very intimidating and threatening manner. The CEO allegedly stood very close to the Complainant, blocking her only exit. The HR Director asked her if she had printed documentation that belonged to the Respondent. The Complainant submitted to the WRC that the HR Director informed her in a "hostile manner" that she was not allowed to print any data from the Respondent organisation.

The Complainant submitted further that the HR Director and the CEO threatened her saying that she would be penalised as she was committing a crime under GDPR legislation.

The Respondent stated it was entitled to investigate the sending of information, in particular sensitive data, for the purpose of the Data Protection Act and GDPR and/or printing of same by the Complainant.

The Complainant was suspended with pay.

At the hearing, the Respondent submitted a spreadsheet which purported to show the amount of commission due to the Complainant and the dates on which it was paid. The Adjudication Officer’s view was that this spreadsheet was a complete “work of fiction” which contained clear and apparent errors, including entries in relation to the years 1900, 1902 and 1904, inconsistency between the column headings and the data contained within the columns; and handwritten entries on the spreadsheets.

The Complainant was awarded the sum of €42,849 in compensation in total. This was to account for the Complainant’s several complaints including victimisation, discrimination, unpaid commission, terms of contract change, and penalisation.

Guidance for Employers

In order to prove a valid prima facie case of discriminatory treatment on the ground of race, pursuant to section 85A of the Employment Equality Acts, the Complainant needs to identify a comparator of a different race who received more favourable treatment than she did.   This is specified in section 6(1) of the Employment Equality Acts, where discrimination is defined as “a person treated less favourably than another person is, has been or would be treated in a comparable situation on any of the grounds specified in subsection (2)”, which includes the ground of race on which the complaint was brought. 
https://www.workplacerelations.ie/en/cases/2022/august/adj-00026853.html

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

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3. SSP Scheme Commences January 2023

The Tánaiste has announced that he will commence the Sick Leave Act on 1st January 2023. This Act will, for the first time, introduce an entitlement for all employees to sick leave paid by their employer in addition to illness benefit from the State.  

The initial entitlement to statutory sick leave from employer will be up to three days’ medically certified leave in a year. Regulations will provide for this to be capped at 70% of gross pay subject to a daily maximum of €110. Illness Benefit is available from the Department of Social Protection from day 4 and for up to two years. 

Speaking about the commencement of the Sick Leave Act, the Tánaiste said:

“Nobody should have to go to work when they are sick for fear of having no income. It’s not good for them or their co-workers. For the first time, there will be an entitlement for almost all employees to paid sick leave. The entitlement is based on the calendar year.

“This is a very important new right for all employees and was a personal priority for me as Minister. Given the current challenging business environment and inflation in particular, I have concluded that the fairest and most appropriate approach is to introduce the entitlement on 1 January 2023.”
https://merrionstreet.ie/en/news-room/news/tnaiste_announces_increase_in_the_national_minimum_wage_and_sets_the_2023_living_wage.174780.shortcut.html

The Sick Leave Act 2022 is available here:
https://www.irishstatutebook.ie/eli/2022/act/24/enacted/en/html

If you are wondering how the SSP scheme will impact you, why not join us for an upcoming webinar:

Comparative Table Webinar with Lewis Silkin LLP - Sick Leave Legislation 

Friday 23 September 2022 (11.00am - 12.00 pm) with Lewis Silkin 

The next webinar in our comparative law webinar series in association with Lewis Silkin will cover the recently introduced sick leave legislation in Ireland, which provides employees, for the first time, with a legal right to sick leave paid by their employer. We will discuss what lessons can be learnt from experiences in Great Britain and Northern Ireland including in relation to effective staff absence management and the pitfalls to try to avoid. 

Join Rolanda Markey of Legal Island as she discusses this important topic with Niamh Crotty, Senior Associate at Lewis Silkin Ireland, and Kevin Gallagher Senior Associate of Lewis Silkin Northern Ireland. 

This webinar will coincide with the launch of the update Comparative Law table. 

Please send your questions in advance to katie@legal-island.com. 

Register here: https://attendee.gotowebinar.com/register/5978569612211322638?source=FR

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4.  Legislative Programme Autumn Session 2022 Published

The Autumn Legislative Programme has been published containing 38 bills for publication and priority by Ministers for the forthcoming autumn Oireachtas session.  The programme has been approved by Cabinet and is published following engagement and consultation with government departments, officials and the Office of the Attorney General.  

Of interest to employment related matters are the inclusion of: 

• Right to Request Remote Work Bill - To provide employees with a statutory right to make, or to have made on their behalf, a request for Remote Working. This has been deemed a priority legislation for drafting and publication this session. 
• A Work-life Balance Bill - To increase the participation of women in the labour market and the take-up of family related leave and flexible working arrangements. It will also have provisions for Domestic Violence Leave Automatic Enrolment Retirement Saving System Bill - To enable provisions for Automatic Enrolment Retirement Savings System.
• Civil Service Regulation (Amendment) Bill to provide that serious disciplinary action up to and including dismissal in the civil service can be assigned below the level of the head of the organisation. 
• Living Wage Bill - to provide for the Programme for Government commitment to progress to a living wage.
• Registration of Trade Unions Bill - To modernise and consolidate the existing legislation in respect of the registration requirements for trade unions.
• Protection of Employees (Employers’ Insolvency) (Amendment) Bill - To comprehensively review and update the legislation governing the protection of employees during their employer’s insolvency. 

Full programme is available here:
https://www.gov.ie/en/publication/047dc-legislation-programme-autumn-session-2022/

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5. Cost of Living Crisis

Increase in Minimum Wage Announced 

The Tánaiste and Minister for Enterprise, Trade and Employment Leo Varadkar has received Government approval to accept the recommendation of the Low Pay Commission to increase the National Minimum Wage to €11.30 per hour from 1 January 2023. 

This represents an 80 cents increase, or 7.6%, on the current National Minimum Wage of €10.50 per hour and will see at least an estimated 164,700 people get a boost to their wages.  For someone on the National Minimum Wage working a 39-hour week, this translates to a pay increase of €31.20 per week or more than €120 per month, or €1,600 per annum.

Announcing the increase in the Minimum Wage, the Tánaiste said: 

“We want to reward work and ensure that work pays more. Minimum wage workers are among the hardest working people in Ireland and deserve to be paid more, particularly at a time or rising prices.  So, the Government has agreed to accept the Low Pay Commission’s recommendation to increase the National Minimum Wage by 80 cents to €11.30 from the 1st of January. At least 164,700 people, and possibly more, are estimated to be in line for this increase, with many others on slightly higher pay levels also receiving a knock-on increase.    

“I hope that this increase, along with the other measures that will be announced as part of Budget 2023, will help to protect the lowest paid workers from the rising cost of living.  Our objective is to put more money in people’s pockets and reduce the cost of living.  More here:
https://merrionstreet.ie/en/news-room/news/tnaiste_announces_increase_in_the_national_minimum_wage_and_sets_the_2023_living_wage.174780.shortcut.html

The report of the Low Pay Commission is available here:
https://www.gov.ie/en/publication/957d0-low-pay-commission-annual-report-2022/

However, ICTU opposes inadequate Low Pay Commission recommendation.  Given the current cost of living crisis and consequent income pressures on workers, ICTU and its affiliate unions have been calling for a very significant rise in the minimum wage.  More here:
https://www.ictu.ie/news/ictu-opposes-inadequate-low-pay-commission-recommendation

Earlier in the week, Patricia King ICTU General Secretary, said that the forthcoming budget must prioritise raising wages and introduce targeted measures to lift households out of energy poverty and safeguard workers’ incomes and jobs. Ms King said: ‘Decent wages for all workers are central to resolving the cost of living crisis’.  Average weekly wages (up 2.4 per cent in the year to June) are rising by just one-quarter of the rate of inflation (up 9.1 per cent over the same period). More from ICTU here:
https://www.ictu.ie/publications/congress-budget-2023-priorities-raising-wages-reducing-living-costs

While on the topic of minimum wage, did you know 3 in 4 young jobseekers are receiving a rate of €117.70 per week, compared to €208 for their friends and family aged 25 and over – a 43% difference! This is why some may be considering emigration...

More than 7 in 10 young people aged 18-24 are considering moving abroad because they think they would enjoy a better quality of life elsewhere, according to research carried out by RED C on behalf of the National Youth Council of Ireland (NYCI). More here:
https://www.youth.ie/articles/young-people-considering-emigration-for-better-quality-of-life-than-in-ireland/

The full report is available here:
https://www.youth.ie/documents/nyci-pre-budget-submission-2023/

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6. Remote and Hybrid Working Update

A new study has revealed a decline in the numbers of people working from home.  The report was compiled by the Western Development Commission and is based on the most recent CSO data.  It shows that nationally in 2022, 28% of workers said they were usually working from home, down from 37% a year earlier.

The study has also highlighted significant regional differences.  The region with the highest rate of people who said they usually work from home is Dublin at 39%.  The Midlands had the lowest rate of 20.9%.

Compared to pre-pandemic levels, every region has shown a very significant increase in the number of people working from home.  This ranges from a doubling of the rate in the Border region to a more than sixfold increase in the Dublin region.

All regions experienced a decline in the rates of working from home between 2021 and 2022, following the lifting of Government Covid guidelines.

More from RTÉ:
https://www.rte.ie/news/2022/0908/1321379-working-from-home-survey/

Report from Western Development Commission:
https://westerndevelopment.ie/wp-content/uploads/2022/09/Working-from-Home-PrePost-Pandemic-Regional-PB-7-Sept-2022.pdf?dl=1

Third annual National Remote Working Survey 2022, May 2022:
https://westerndevelopment.ie/policy/publications/third-annual-national-remote-working-survey-2022/

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7. War on Women Thriving in Workplaces

The HR Director has reported this week on research that has found that almost a third of women in the UK say that sexual harassment has had an impact on their career.  In a poll of more than 6,000 working adults in the UK, a third of women (32 per cent) said it had had “a lot” or “some impact” on their careers while another 16 per cent said it had a “small effect”.

The research also surveyed the views of 190 non-binary people, including those who identify as genderfluid, transgender, agender, bigender, and genderqueer.  Of those, 18 per cent said sexual harassment had had “a lot of impact” or “some impact” on their careers – while 14 per cent said it had a “small effect”. 

In terms of industries where women were affected to a greater extent, 45 per cent of women in Construction said that sexual harassment had had “a lot of impact” or “some impact” on their careers. Women in Tech also suffered disproportionately with 42 per cent reporting the same. 

Women working in Facilities Management and Education suffered the least with 26 and 29 per cent respectively reporting sexual harassment had had “a lot of impact” or “some impact” on their careers.  More from HRD here:
https://www.thehrdirector.com/business-news/gender/theres-war-women-thriving-uk-workplaces/

And on that subject...

Blathnaid Ni Chofaigh and RTE 'Draw Line in the Sand' After Withdrawal of Sexual Harassment Case

Well-known broadcaster Blathnaid Ni Chofaigh wants to ‘draw a line in the sand’ after she withdrew a sexual harassment case against RTÉ. The 51-year-old fluent Gaeilgeoir, who has been in RTÉ most of her working life, was not present at the brief hearing at the Workplace Relations Commission. Ms Ni Chofaigh, who presented The Afternoon Show, Echo Ireland and was a former judge on The All Ireland Talent Show, had launched a complaint under the Employment Equality Act against the broadcaster alleging discrimination by way of harassment in July 2019 and subsequent victimisation. Ms Ni Chofaigh’s barrister, Claire Bruton read out a brief statement at the opening of the hearing stating her client was withdrawing the proceedings.

RTÉ denied the allegations. The full story from the Irish Mirror here:
https://www.irishmirror.ie/news/irish-news/blathnaid-ni-chofaigh-rte-draw-27941615

Amy Martin from A&L Goodbody answered FAQs earlier this year in the article First Tuesday: Codes of Practice on Equal Pay and Workplace Harassment – Your Questions Answered.  If you missed it, you can access it here:
https://www.legal-island.ie/articles/ire/features/q-and-a/2022/april/new-codes-of-practice-on-equal-pay-and-workplace-harassment-your-questions-answered/

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8. Use of CCTV Footage in Disciplinary Hearings

The much-anticipated decision of the Court of Appeal in Data Protection Commission v Doolin and Ors. [2022] IECA 117 concerned an issue that can arise in employment investigations: if an employer uses CCTV footage to investigate one incident, what happens if they discover another, unrelated incident in the context of that investigation?

May they proceed to act upon the information they have found – or are they restricted in what they can do by data protection laws?

More from Arthur Cox here:
https://www.arthurcox.com/knowledge/when-one-thing-leads-to-another-employers-use-of-cctv-footage-in-disciplinary-hearings/

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9. Death in Service Scheme for Healthcare Workers Announced

The Minister for Health Stephen Donnelly has opened the Death in Service Ex-Gratia Scheme for applications.  Following Cabinet approval for the scheme in March this year, the Department of Health has worked with Pobal to put in place a straightforward application process for impacted families. The scheme consists of a tax-free payment of €100,000 to the estate of any healthcare worker who has died having contracted COVID-19 in the course of their work.

Eligibility has been specified broadly with all healthcare workers designated ‘essential’ during the first phases of the pandemic included. This includes GPs and others working in primary care, including administrative staff. It also includes disability services staff, private staff in nursing homes and throughout the healthcare system. 

This payment is in addition to any other arrangements a person may have in place or benefit that may be payable on death and does not impact their legal rights. It will be made in addition to any other benefit that may be payable and is open to the families of workers from across the healthcare system who have passed away. 

More details on the scheme and details of how to claim can be found here:
https://www.gov.ie/en/press-release/59a1c-minister-for-health-opens-death-in-service-ex-gratia-scheme-for-healthcare-workers/

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10. DPC Announces Decision In Instagram Enquiry

 The Data Protection Commission (DPC) has announced a conclusion to an inquiry into Meta Platforms Ireland Limited (Instagram) imposing a fine of €405 million and a range of corrective measures.

The inquiry concerned the processing of personal data relating to child users of the Instagram social networking service. It was initiated by the DPC on 21 September 2020 in response to information provided by David Stier (a US data scientist), and also in connection with issues identified by the DPC itself, following examination of the Instagram user registration process. The inquiry examined, in particular, the public disclosure of email addresses and/or phone numbers of children using the Instagram business account feature and a public-by-default setting for personal Instagram accounts of children.

Following a comprehensive investigation, the DPC submitted a draft decision to all peer regulators in the EU, also known as Concerned Supervisory Authorities (“CSAs”), under Article 60 of the GDPR in December 2021. Six of these national regulators raised objections to the DPC’s draft decision. The DPC was unable to reach consensus with the CSAs on the subject matter of the objections and it therefore referred the case to the European Data Protection Board (“EDPB”), in line with the Article 65 dispute resolution process of the GDPR.

On 28 July 2022, the EDPB adopted its binding decision, which rejected a considerable quantity of the objections but upheld objections requiring the DPC to amend its draft decision to include a finding of infringement of Article 6(1) GDPR and to reassess its proposed administrative fines on the basis of this additional infringement. Having incorporated these amendments, the DPC’s decision was adopted on 2 September, 2022. The decision records findings of infringement of Articles 5(1)(a), 5(1)(c), 6(1), 12(1), 24, 25(1), 25(2) and 35(1) of the GDPR.

The DPC’s original draft decision had recommended a fine of up to €405 million and, having taken account of the EDPB’s binding decision, the fine imposed on Meta Platforms Ireland Limited (Instagram) totals €405 million, including a fine of €20 million for the infringement of Article 6(1).

In addition to these administrative fines, the DPC has also imposed a reprimand and an order requiring Meta Platforms Ireland Limited to bring its processing into compliance by taking a range of specified remedial actions.  More from the DPC here:
https://www.dataprotection.ie/en/news-media/press-releases/data-protection-commission-announces-decision-instagram-inquiry

The full decision is available on the EDPB here:
https://edpb.europa.eu/our-work-tools/our-documents/binding-decision-board-art-65/binding-decision-22022-dispute-arisen_en

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11. Just in Case You Missed It...

Wide-ranging Changes To Irish Whistleblowing Legislation

Síobhra Rush from Lewis Silkin helps navigate you through the changes recently made to Irish whistleblowing legislation to fully implement the EU Whistleblowing Directive. The changes broaden the scope of and enhance whistleblowers' protection.
https://www.legal-island.ie/articles/ire/features/supplementary/2022/september/wide-ranging-changes-to-irish-whistleblowing-legislation/

How To: Prepare for a WRC Hearing

Dr. Gerry McMahon of Productive Personnel Ltd continues his 'How to' series giving his advice on how best to prepare for a Hearing.
https://www.legal-island.ie/articles/ire/features/how-to/2022/september/how-to-prepare-for-a-wrc-hearing/

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12. HR Developments

Negative Feedback? How to Strip Out the Helpful from the Unhelpful

Some people take honesty way too far! They pride themselves on saying it how it is and BOOM, you're knocked for six. They have a convenient excuse for their bluntness of course: "I'm just being honest - I call a spade a spade".

On the one hand, negative feedback is a key driver of effective performance and the best leaders seek it out (Harvard Business Review, May 31st, 2018) but on the other hand, negative feedback can be inaccurate and driven by other people's hidden agendas, jealousy, and/or insecurity.

This thought provoking and practical article from Andrew Pain outlines strategies for sorting the helpful from the unhepful:
https://www.legal-island.ie/articles/ire/features/supplementary/2022/september/negative-feedback-how-to-strip-out-the-helpful-from-the-unhelpful/

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13. Employment News in the Media

Tesco has been ordered to pay compensation of €15,000 to a worker who said he was forced to quit because of a "campaign of bullying" by a store manager.   Frank O'Dwyer told the tribunal he had been singled out, shouted at and berated by his boss over a period of ten months following Christmas 2018, when he was transferred into the supermarket from the petrol station.  He said it culminated with him being physically assaulted on the shop floor by the manager. More on this from RTÉ:
https://www.rte.ie/news/business/2022/0909/1321623-tesco-to-pay-15-000-to-worker-over-unfair-dismissal/

Full judgement from the WRC: https://www.workplacerelations.ie/en/cases/2022/august/adj-00034404.html

The Advocate General has ruled that the Equal Treatment Directive covers the situation of a refusal to sign a contract with a self-employed worker because of his sexual orientation. She also clarifies that the freedom to choose a contracting party cannot be usefully relied on to justify discrimination based on sexual orientation.  A self-employed worker provided editing services to a Polish public television station for seven years on the basis of consecutive short-term contracts. In December 2017, he and his partner published a Christmas music video aimed at promoting tolerance towards same-sex couples on Youtube. Shortly after publication of this video, the television station informed the worker that his current contract was terminated and that no new contract would be concluded.  More here
https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-09/cp220145en.pdf

The Gender Recognition Act in Scotland already allows a few individuals to change their legally recognised sex by obtaining a Gender Recognition Certificate (GRC). The Scottish Government is proposing to remove all medical oversight from the process, and issue GRCs based on self-declaration alone, effectively making them available on demand. Ministers maintain this will have no impact on women’s rights.  This week, MSPs return to Parliament to consider draft legislation that will allow any man to be recognised as a woman in law, if he declares himself so.  More from the Scotsman:
https://www.scotsman.com/news/opinion/columnists/scottish-government-must-come-clean-over-the-muddle-of-gender-law-reforms-3832959

A man who lost his job as period dignity officer is pursuing legal action against the group that hired him.  Jason Grant is taking action under the Equality Act, with the possibility of a sexual discrimination claim. Tayside's period dignity working group said it was scrapping the role following "threats and abuse". Mr Grant's appointment sparked a heated debate online, with critics saying the job should have gone to a woman. His role was created to ensure the legal right to free period products in public places and was described as the first of its kind in Scotland. The working group – which comprises of representatives from Dundee and Angus College, Perth College, Angus Council and Dundee City Council – had said Mr Grant was the strongest candidate for the job. More here:
https://www.bbc.co.uk/news/uk-scotland-tayside-central-62826983

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14. UK Developments

Employment law is a devolved power in Northern Ireland. The items in this section apply throughout GB only (Scotland and England & Wales) unless we specify they apply to NI.

This section is brought to you by Ciara Fulton, Partner at Lewis Silkin (N.I.) LLP.  Ciara is dual-qualified and practices law throughout the island of Ireland. Contact Ciara on mailto:ciara.fulton@lewissilkin.com.  

Staff Attendance Being Monitored

The Cabinet Office is monitoring staff members’ computer and wifi logins to ensure civil servants are complying with ministers’ back-to-the-office drive, it has emerged.

A privacy notice for the department’s Official IT platform was updated last week to reveal that staff data – including system usage, IP addresses, office locations and email and document access logs – is being used to monitor office attendance. 

The data is being processed “to compile anonymised office occupancy statistics and report on overall numbers of staff attending Cabinet Office locations, in order to monitor overall compliance to office working and inform future strategy of how Cabinet Office estates are used”, the notice says.

Departments began publishing office-occupancy data for their Whitehall headquarters in June amid a push by then-government efficiency minister Jacob Rees-Mogg to get more officials back at their office desks.  More from Civil Service World:
https://www.civilserviceworld.com/professions/article/cabinet-office-monitoring-staffs-it-and-wifi-logins-to-check-office-attendance

Employment Tribunal Statistics 

Personnel Today speculates that a rise in disposals of employment tribunal claims could mean that more claims are settling.  The latest figures from the Ministry of Justice show that the number of employment tribunal claims ending in disposal has increased by 114%.  The rise in “disposals” – meaning the claim has been withdrawn, settled, dismissed or decided at another hearing – could be a sign that the long backlog of tribunal cases waiting to come to court has led claimants to settle instead, according to one employment lawyer. 

The MoJ said 15,000 employment cases ended in disposal over the quarter April to June 2022 (Q1 2022/23), an increase of 114% compared to Q1 2020/21 (data for Q1 2021/22 is unavailable due to a database migration).  The number of multiple claims that were disposed was 8,200, while 6,500 single claimants disposed their cases.  At the end of June 2022, 487,000 cases were outstanding (43,000 single claims and 443,000 multiple claims), it said. 

More here:
https://www.personneltoday.com/hr/employment-tribunals-disposals/ 

Latest figures from the MOJ here:
https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-april-to-june-2022/tribunal-statistics-quarterly-april-to-june-2022#employment-tribunals

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15. Friends of Legal Island

1 In 6 Solicitor Trainees Are From A Non-Law Background

In light of leaving certificate results and CAO options this month, the Law Society of Ireland is reminding future solicitors that there are many different pathways to a successful career in law, and sometimes the road less travelled can reap great rewards.

Chairperson of the Law Society’s Education Committee Richard Hammond S.C. said, “The solicitors’ profession in Ireland is open to everyone, irrespective of social background or Leaving Certificate results, who possesses the necessary interest, talent, and dedication. There are accessible routes to solicitor training for graduates and non-graduates alike.

“There is no need to hold a law degree, or any degree, to become a solicitor in Ireland. To qualify, every person, regardless of their educational background, must pass the Law Society’s entrance exams (FE1s) and complete the necessary in-office training and our new fused professional practice course.

“The Law Society’s Annual Report on Admission Policies of Legal Professions 2021 highlighted that last year almost 1 in 6 trainee solicitors on the Law Society’s Professional Practice Course are from a non-law background.”  More from the Law Society:
https://www.lawsociety.ie/news/Media/Press-Releases/1-in-6-solicitor-trainees-are-from-a-non-law-background

While on the subject of Education, RTÉ reported earlier this week that there have been a record level of graduates achieving First-Class Honours. Last year, almost a quarter of students (23.5%) graduating achieved First-Class Honours. That compares to 16% just two years earlier in 2019 – an almost 50% increase.  The figures come at a time when grade inflation at Leaving Certificate level has come under great scrutiny and been heavily criticised, not least by leaders in the universities sector.  More here:
https://www.rte.ie/news/ireland/2022/0912/1321873-first-class-honours/

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16. Free Webinars This Month

Comparative Table Webinar with Lewis Silkin LLP - Sick Leave Legislation

Friday 23 September 2022 (11.00am - 12.00 pm)

The next webinar in our comparative law webinar series in association with Lewis Silkin will cover the recently introduced sick leave legislation in Ireland, which provides employees, for the first time, with a legal right to sick leave paid by their employer. We will discuss what lessons can be learnt from experiences in Great Britain and Northern Ireland including in relation to effective staff absence management and the pitfalls to try to avoid.

Join Rolanda Markey of Legal Island as she discusses this important topic with Niamh Crotty, Senior Associate at Lewis Silkin Ireland, and Kevin Gallagher Senior Associate of Lewis Silkin Northern Ireland.

This webinar will coincide with the launch of the update Comparative Law table.

Please send your questions in advance to katie@legal-island.com

Register here:
https://attendee.gotowebinar.com/register/5978569612211322638?source=FR

Check out previous discussions: https://www.legal-island.ie/employment-law-hub/resources/webinar-recordings/

All of our Legal Island webinar recordings and searchable transcriptions are posted online within this section of our employment law hub and are available to stream and research: https://www.legal-island.ie/resources/webinar-recordings/

Enjoy the weekend.

Legal-Island

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