HR Update - December 2024

At Jackson Hogg's HRP we would like to say a heartfelt thank you to our clients for trusting us with your HR and people needs in 2024. Your partnership has been invaluable, and we look forward to continuing to support you in the year ahead. Together we have navigated the inevitable challenges, implemented innovative solutions, and helped you to create even better workplaces.  It’s clear that 2025 is not going to be without its trials- both financial and legislatively for employers. Luckily at HRP we love a challenge and are raring to go! 2025 is not a year you want to navigate without expert people support, so those without current HR provision, please feel free to reach out for a coffee and a chat! We thought we would round up the year with a look at some significant tribunal cases from 2024.

 

Festive Fun: Navigating party season successfully

We all know that some people view HR as the fun police. All we can say is you must never have seen Team HRP on the dancefloor! That being said, although Company Christmas parties can be a great way to celebrate, they’ve also been the source of some memorable tribunal cases.

Case: Emily Brown v. Festive Ltd (2024) – During a holiday party, inappropriate comments made by a manager led to a harassment claim. The tribunal awarded Emily £15,000 in damages, underscoring the need for professionalism even at social events. Festive Ltd’s failure to address prior complaints against the manager was a key factor in the judgement. This serves as a reminder that company events are extensions of the workplace and not a case of anything goes after hours!

Our top tips for a safe and joyful celebration:

1. Encourage inclusivity and respectful behaviour.- There is a big trend emerging for daytime parties which are often more accessible for working parents and can be a more welcoming environment for employees who are neurodivergent.

2. Offer clear guidelines on alcohol consumption.- And remember not everyone drinks- an estimated 20% of employees choose not to drink alcohol for various reasons.

3. Remind staff that workplace policies apply at all work-related events. Employees and their actions are a representation of your brand.

 

Key Tribunal Outcomes of 2024: Lessons Learned

This year has been marked by some pivotal tribunal decisions.

 

Wright v. Cardinal Newman Catholic School (2024) - Disability Discrimination

An autistic teacher was awarded £850,000 after being unfairly dismissed for what the tribunal deemed as a failure to accommodate his disability. The dismissal stemmed from behaviour linked to his condition, which the school failed to adequately address or support.

This decision underscores the importance of understanding how disabilities manifest in workplace behaviour and ensuring robust measures to support neurodivergent employees. It also serves as a reminder of the uncapped nature of discrimination compensation, increasing risks for employers who do not follow inclusive practices​.

 

Brooks v. Leisure Employment Services Ltd (2024):- Constructive Dismissal

In this constructive unfair dismissal case, the claimant argued that being removed from a WhatsApp group after raising remuneration concerns was a breach of the implied term of trust and confidence. Initially, the tribunal ruled against her, citing a delay in resignation as affirming her contract. On appeal, the Employment Appeal Tribunal (EAT) sided with the claimant, emphasizing that the grievance process gave her the right to delay resignation without it being seen as contract affirmation.

The decision reinforces that employees can raise grievances and pursue resolutions without undermining their right to later claim constructive dismissal. It underscores the nuanced understanding required for "affirmation of contract" in employment disputes​- And be careful of those WhatsApp groups!

 

Tesco Stores v. USDAW (Supreme Court, 2024)

This landmark case involved a "fire and rehire" exercise by Tesco Stores, where the company attempted to remove an entitlement to "retained pay" – a payment historically described as a permanent benefit. The Supreme Court reinstated an injunction preventing Tesco from terminating contracts solely to eliminate this benefit. The decision emphasised that an implied term existed in the contracts, restricting the company's ability to remove certain benefits without employees' consent.

This case underscores the risks employers face when modifying contractual terms using fire-and-rehire tactics, particularly when dealing with benefits portrayed as permanent. With even stricter rules around contractual changes coming into play in 2025, this is an area where expert guidance will be essential

 

The Wacky Side of 2024 Tribunal Cases

Employment tribunals also brought some eyebrow-raising stories this year:

 

The "Breaking Wind" Case -  Unnamed Caretaker v Birmingham City Council

The employee claimed that his manager, in his 50s, repeatedly found it "amusing" to break wind near him during lunch. After the manager allegedly bullied him, the employee resigned and filed

The tribunal ruled in favour of the employee, awarding compensation for emotional distress and ruling the manager's behaviour was discriminatory based on age

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The "Sex Worker" Case –Unnamed Plaintiff v NatWest

The claimant was a former NatWest employee, who ran a website offering sexual services. The employee was dismissed for engaging in sex work outside his job, though it didn't impact his professional performance. He argued his dismissal was unfair.

The tribunal sided with the claimant, determining the dismissal was unfair since his private activities did not affect his job performance. The claimant was awarded compensation​

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The "Cakegate" Case Sarah Jones v SweetCo

Sarah was dismissed for bringing "the wrong kind of cake" to an office party. The tribunal ruled her dismissal was unfair, emphasising how minor office issues can escalate into legal matters.

The tribunal found the dismissal unfair but did not specify significant compensation. It became a humorous reminder of the sometimes absurd nature of workplace disputes​

 

What’s Hot in HR – Looking to 2025

As we head into 2025, several key trends are set to transform the HR landscape in the UK. From the increasing role of technology to shifting workforce expectations, HR professionals will need to stay ahead of these developments to foster a more engaged, productive, and future-ready workforce. Trends to to watch:

1. AI and Automation in HR

Artificial Intelligence (AI) and automation are reshaping HR functions in the UK. In 2025, we foresee an even greater integration of AI into recruitment, performance management, and employee engagement processes. Tools that use AI to scan CVs, predict candidate success, and assist in employee training will become mainstream. UK companies will be using AI to streamline administrative tasks, allowing HR teams to focus on more strategic and people-centric activities.

2. Reskilling and Upskilling for the Future

As industries evolve and technology advances, continuous learning will be crucial. In 2025, HR will need to focus on reskilling and upskilling programs that help employees adapt to new roles and technologies- see AI above. With automation changing the nature of work, employees will need to develop new skills to remain competitive in the job market. UK businesses will increasingly invest in lifelong learning, providing opportunities for their employees to grow professionally and stay relevant in an ever-changing work environment. Training needs analysis and personalised career pathways will be key.

3. The Employee Experience (EX) Revolution

In 2025, UK HR teams will be prioritising the employee experience (EX) as a key driver of talent retention and engagement. Organisations will use technology to collect real-time feedback from employees, enabling HR to create tailored experiences throughout the employee lifecycle. From recruitment to retirement, EX will focus on enhancing employee satisfaction, promoting well-being, and ensuring employees feel valued and connected to the company's mission. Company culture and benefit offering will be key.

 

Once again- Thank you for all your support in 2024 and we hope you enjoy the festive season, however you choose to celebrate. Personally, I am looking forward to a glass of Bailey's for breakfast, new Christmas pyjamas and the look on my boy’s faces when Rudoph has eaten his Christmas Eve snack. See you all in 2025….