Halloween Special: What Scares the Porter Dodson Employment Law Team?

As Halloween creeps in, it’s not just ghosts and ghouls that haunt the Porter Dodson Employment team. The world of employment law is full of legal frights that can send shivers down the spine of even the most seasoned solicitor.

This month, our newly qualified solicitor, Abigail Askew, donned her ghostbusting gear and asked the partners in the team, Kate, Laura, and Sarah, what scares them most this spooky season. Luckily, she had her camera rolling to catch their responses:

From legislative monsters to AI mischief and the ghost of inappropriate banter, here are their top three things that go bump in the employment law night:

First up, what scares Kate Shawcross?

The Employment Rights Bill: A Legislative Frankenstein’s Monster 🧟‍♀️

The Employment Rights Bill feels like the stuff of legal horror stories. It’s stitched together from various reforms and, while well-intentioned, it’s a beast that’s sure to invoke some fright.

Kate says “With so many changes, employers will need to keep updated and ensure their processes and policies are up to date.”

Why it’s terrifying:

• Day-One Rights: Like a zombie rising from the grave, unfair dismissal claims will no longer be buried under a two-year qualifying period.
• Zero-Hours Contracts: Workers will soon have the right to request guaranteed hours—no more ghosting them with unpredictable schedules.
• Sexual Harassment Duties: Employers must take all reasonable steps to prevent harassment, or risk being haunted by tribunal claims.
• Statutory Holiday Records: If employers can’t conjure up the records to spell out that they’ve honoured holiday rights, they could face a criminal curse.

This bill is still lurking in the shadows, with many provisions delayed until 2026 or later. But Kate knows it’s only a matter of time before it rises from the legislative crypt.

What scares Laura Roper?

The Robo-Lawyer: Is AI a Member of Your HR Team? 🤖

Laura explains that what scares her the most is: “Employers making decisions or solely relying on AI. AI is only as good as the data that sits behind it and quite often the data can be wrong, incomplete or contains bias, all of which can increase the risk of legal claims if AI gets it wrong!”

AI in HR might seem like a treat, but it can quickly turn into a trick. When employers rely on algorithms instead of legal advice, they risk unleashing a digital poltergeist.

Why it’s chilling:

• Bias and Discrimination: AI can be like a vampire—feeding off historical data and spreading unconscious bias.
• Opaque Decision-Making: If no one understands how the AI made its decision, it’s like trying to cross-examine a ghost.
• Regulatory Risks: GDPR and future UK regulations may require employers to exorcise automated decision-making or face legal doom.

AI has its uses (including to draft pun-filled articles by law firms!) but Laura fears that employers will be lured by the siren song of tech efficiency, only to find themselves hexed by discrimination claims and data breaches.

Finally, what scares Sarah Young?

Banter: The Witch’s Brew of Workplace Culture 🕷️

Sarah explains that “banter” scares her the most. “Banter isn’t a term recognised by the Employment Tribunal and it can easily lead to claims of constructive unfair dismissal and discrimination. Even if the person making the comment doesn’t mean anything by it, it is how the person on the receiving end feels that really matters.”

“Just banter” is the cobweb that entangles many harassment cases. What seems like harmless fun can quickly turn into a cauldron of legal trouble.

Why it’s spooky:

• Subjective Impact: Tribunals don’t care if it was meant as a joke—if it made someone feel uncomfortable, it’s a haunting issue.
• Cultural Normalisation: In workplaces where inappropriate jokes fly like bats in the night, employees may feel pressured to laugh along, masking deeper discomfort.
• New Legal Duties: The Employment Rights Bill raises the stakes—employers must now take all reasonable steps to prevent third party harassment and sexual harassment, or risk being dragged into the tribunal underworld.

Sarah knows that banter can be a werewolf in sheep’s clothing—seemingly harmless until it bites.

Final Thoughts from the Legal Ghostbusters

As the Porter Dodson Employment team knows, employment law is full of twists, turns, and terrifying tales. Whether it’s legislative reform, AI misadventures, or cultural creepiness, employers must stay vigilant and ready to ward off legal nightmares.

So, what’s haunting your workplace this Halloween?
Let’s shine a torch into the shadows and make sure your policies aren’t full of skeletons.

And if you do think there’s a ghost hiding in your office kitchen… who you gonna call?
The Porter Dodson Employment Team!