Forbury People Limited

Knowledge Bank

May
23
2018

Billionaire Roman Abramovich is having issues renewing his Investor visa

Russian billionaire businessman Roman Abramovich’s Tier 1 Investor visa extension application is still under scrutiny despite him previously satisfying the Home Office he was eligible. Last week, the Financial Times reported that Abramovich had returned to Russia after his Investor visa expired and his current application is “taking longer than usual” to be processed. Whilst little is known about the reasoning behind the delay, many have speculated that the Home Office is looking into the source of his investment funds....

May
22
2018

Avoid a black hole - knowing your business with confidence in a Merger or Acquisition

What I have found during my business life is that in the heat of trying to acquire or sell a business some fundamentals get glossed over in the hope that it will all turn out ok, as long as the principle objective of buy or sell has been achieved. Therefore, you need to understand your odds of succeeding and if the challenges are worth the effort....

May
21
2018

Over 50% Increase in Minimum Wage backpay

The government have published figures for the 2017-2018 tax year which show that the number of workers who have received back pay due to underpayments of the minimum wage has more than double...

May
18
2018

Asking employee if he still supported ISIS was not discrimination due to previous comments

In Bakkali v GMB (South) Ltd, the Employment Appeal Tribunal decided that asking a Moroccan Muslim bus driver whether he "still supported Islamic State" was neither direct discrimination nor harassment related to race or religion....

May
18
2018

Over 6000 key skilled workers are denied entry to the UK

According to a FOI request to the Home Office, approximately 6,080 skilled workers have been unable to apply for Tier 2 visas due to their sponsors being unable to secure Restricted CoS for them. This relates to CoS applications made between December 2017 to March 2018 and includes 3,500 applications for engineering, IT, technology, STEM teaching and medical roles with professional services making up the remainder. ...

May
14
2018

Supporting mental health in the workplace

Next week is Mental Health Awareness week (14 – 20 May 2018) so what better time to reflect on the last 12 months which have seen much positive activity in the field of supporting mental health in the workplace. October 2017 saw two comprehensive publications issued: the ACAS guidance “Promoting positive mental health in the workplace” and the Stevenson / Farmer review of mental health and employers, “Thriving at work”. ...

May
14
2018

Constructive Dismissal: Substantial pay reduction cannot amount to a ‘reasonable or proper’ cause

An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ...

May
14
2018

Low take up of fee refunds

According to a letter from the Lord Chancellor to the Justice Committee last month, a large number of eligible people have failed to apply for a refund of tribunal fees paid. The Ministry of Justice is sending letters to those affected to try to raise awareness in this regard. ...

May
08
2018

Is HR ready for the revolution?

It is not protests in the streets and the overturning of our Government by violence we fear, at least not yet anyway. However, there is a quiet and transformational revolution going on that will deeply affect just about everyone over time....

May
08
2018

Looking to do business in the UK? Here’s what you need to know about data protection…

Data protection rules in the UK are set to be overhauled on 25th May 2018 with the introduction of the General Data Protection Regulation (GDPR) which will be applicable across the EU....

May
04
2018

High Court upholds ‘right to be forgotten’

The right to have your personal data erased in certain circumstances, known as the ‘right to be forgotten’, hit the headlines back in 2014 when the European Court of Justice ruled that Google should amend its search results so as not to display certain information; in that case information about a Spanish citizen’s past financial difficulties....

May
04
2018

Electoral Commission probe highlights the risks of making errors in redactions

The UK Electoral Commission is facing an ICO investigation after inadvertently releasing details of donors to a pro-union campaign group on its website. ...

May
04
2018

Highly skilled South Asian workers say they are the new Windrush scandal

This week, hundreds of South Asian highly skilled workers protested outside Parliament claiming they are the victims of the next Windrush scandal. The protest comes after Sajid Javid was appointed Home Secretary after Amber Rudd resigned for misleading the Home Affairs Select Committee over targets for removal of migrants during the Windrush scandal. ...

Apr
27
2018

Tier 2 Sponsors: What is a valid Certificate of Sponsorship?

Whilst the process of assigning a Certificate of Sponsorship (CoS) is straightforward, it’s useful for sponsors to know what validates a CoS. If a CoS is not valid at the time the Tier 2 worker submits their visa application, the application will be refused resulting in delays to start date....

Apr
27
2018

Employees who brought claims 2 years after a pay freeze had not waited too long

The employees in Abrahall v Nottingham City Council received incremental annual pay rises until March 2011, when the council imposed a two-year pay freeze. The council said that the only alternative was additional redundancies....

Apr
27
2018

When does notice of termination of employment take effect?

The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so....

Apr
24
2018

‘Don’t believe the gig economy hype, says Matthew Taylor’ – Monica Atwal comments for Personnel Today

The view that full-time employment is in retreat and will be subsumed by the gig economy is not borne out by the facts, Matthew Taylor argued at a recent conference. Cath Everett listened in and gauged reactions to his ideas....

Apr
20
2018

Early Conciliation: Welcome clarity from the EAT on extending time limits

In the recent case of Luton Borough Council v Haque (“Haque”) the EAT has clarified that the two sub-sections for extending limitation periods through Acas early conciliation apply sequentially, and not as alternatives....

Apr
20
2018

Shared Parental Leave – Failure to enhance is not discrimination

The EAT have held that an employer’s failure to pay enhanced shared parental leave (SPL) to a male employee when it did pay enhanced maternity leave to female employees was not direct sex discrimination (our blog on the Tribunal’s earlier decision can be found here). ...

Apr
20
2018

Windrush Generation: What’s the scandal about?

In recent days, the government has faced criticism of its treatment of people from the so-called Windrush Generation. Those who arrived in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation, after the ship which brought them here as a response to post-war labour shortages in the UK. Almost 500 migrants from Jamaica, Trinidad and Tobago and Barbados came to the UK at the invitation of the British government....

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