Forbury People Limited

Knowledge Bank

Nov
17
2017

Pension scheme did not discriminate against worker who had a mixture of full-time and part-time service

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....

Nov
17
2017

Government doubles visas for exceptional talented individuals

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....

Nov
17
2017

Deliveroo: Late substitution leads to a win against the run of play

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....

Nov
13
2017

Will Uber work in the area again?

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....

Nov
13
2017

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....

Nov
13
2017

The importance of understanding the economic entity in a TUPE situation

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....

Nov
13
2017

Web of Secrecy: most organisations failing to inform users about what will happen to their personal data

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking....

Nov
03
2017

New right to parental bereavement leave – a step in the right direction?

Recent research undertaken by CPJ Field found that one in four workers in the UK did not take any time off following the death of a loved one, with one in ten only taking one day away from the workplace to grieve. ...

Nov
03
2017

Failure to consider workplace risks for breastfeeding employee can amount to sex discrimination

In Ramos v Servicio Galego de Saude the ECJ were asked to consider if an employer’s failure to assess the workplace risks to a breastfeeding worker could amount to direct sex discrimination....

Nov
03
2017

Tribunal Fees: Where are we now?

Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017...

Nov
03
2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....

Oct
27
2017

Right to Work: Employing International Students

Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....

Oct
27
2017

A much-needed win for vulnerable and exploited domestic workers

As we have previously blogged, UK law does not do enough to protect migrant domestic workers in the UK from abuse, exploitation and modern slavery....

Oct
27
2017

ICO: Notification requirement to be removed, however fee regime will continue

The Information Commissioner’s Office (ICO) has announced that it will drop requirements for data controllers to notify the ICO of data processing activities but will retain a fee regime, when the new General Data Protection Regulation (GDPR) comes into force from May 2018....

Oct
27
2017

Government announces start of tribunal fees refund scheme

Following the Supreme Court’s ruling this summer that Employment Tribunal fees were unlawful, the government has announced its fees refund scheme: individuals will be refunded their original fee along with an interest of 0.5% calculated from the date of the original payment up until the refund date....

Oct
20
2017

Tier 2 Sponsor Duties: Record Keeping

Tier 2 sponsors are required to fulfil certain duties throughout the duration of their sponsor licence. Failure to comply with any of the sponsor duties, is likely to lead to a licence being suspended or in a worst-case scenario revoked and sponsored workers seeing their leave curtailed....

Oct
13
2017

Mental Health Week 2017: tackling the stigma of mental health in the workplace

The 10th October marked World Mental Health Day and this year’s theme was ‘mental health in the workplace’....

Oct
11
2017

Could employment status uncertainty put your restructure plans at risk?

As anyone who has ever been involved in a restructure exercise will testify, it is often a complex and time-consuming process. Unfortunately, the current uncertainty on employment status, evidenced by well reported cases involving Uber and Deliveroo, highlights further risks for businesses to address in the planning process....

Oct
06
2017

What’s the beef? TUPE regulations apply even where large part of job becomes automated

In Anglo Beef Processors v Longland and Meat & Livestock Commercial Services, Mr Longland had been employed as a carcass service officer for Meat & Livestock, manually classifying carcasses in an abattoir....

Oct
06
2017

Addison Lee drivers get the green light to be treated as workers

In another important ruling relating to the gig economy, London Central Tribunal has held that drivers of Addison Lee are not self-employed, but are in fact workers. Drivers brought their case to the Employment Tribunal in July supported by the trade union GMB, who has supported similar claims by Uber drivers....

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