Forbury People Limited

Knowledge Bank

Feb
07
2017

In good faith? Refusal of holiday for employee wanting to attend religious festivals was not discrimination

It is accepted that attendance at religious festivals can constitute a manifestation of religious belief giving rise to indirect discrimination claims, however, the EAT in Gareddu v London Underground Ltd held that the employee’s request must be genuine....

Feb
06
2017

Gross negligence can constitute gross misconduct

Forbury People - HR Consultants in Reading, London and the Thames Valley...

Feb
06
2017

Government's official policy document setting out its Brexit plans.

Forbury People - Specialist HR consultants in London, Reading and the throughout the Thames Valley...

Feb
06
2017

Recognition of Trade Unions within the workplace

Forbury People - specialist HR consultants London, Reading and throughout the Thames Valley...

Feb
06
2017

Migrant domestic workers are vulnerable to abuse, exploitation, and trafficking.

Forbury People - HR Business Support London, Reading and throughout the Thames Valley...

Feb
02
2017

Government publishes guidance on apprenticeship funding

We reported last year (Apprenticeship levy update) on the government’s plans to introduce an apprenticeship levy of 0.5% for all employers with a total annual payroll bill in excess of £3m. The start date for the new scheme, (6 April 2017), is almost upon us which has prompted the government to publish guidance on how the levy will actually work in practice. ...

Feb
02
2017

Stronger workplace protection for new and expectant mothers on the horizon?

Last week the Government responded to calls from MPs on the Woman and Equalities Committee to give pregnant women and mothers greater legal protection in the workplace....

Feb
02
2017

Redundancy shortly after TUPE was for an ETO reason

In Davies v Droylsden Academy, the claimant was a lettings manager at a company which provided property services to Droylsden Academy. ...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings....

Jan
31
2017

Can directors be disqualified for employing illegal workers?

The Immigration, Asylum & Nationality Act 2006 (“IANA 2006”), makes employers responsible for preventing illegal working in the UK. Section 35 of the Immigration Act 2016 allows the Home Office to commence criminal proceedings against employers who know or have reasonable cause to believe that they are employing someone illegally....

Jan
30
2017

Presentee-ism versus productivity

Flexible working - the right to apply...

Jan
23
2017

Will we be forced to disconnect from the office?

New employment law in France - From 1 January 2017 employees can chose to ignore communications received outside of their normal contractual working hours...

Jan
20
2017

Bus company’s policy breached duty to make reasonable adjustments

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move....

Jan
19
2017

Could Type 2 diabetes be a disability under the Equality Act 2010?

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”...

Jan
19
2017

Mobility clauses made to move aside

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere. KBR’s disciplinary procedure considered a refusal to comply with reasonable instructions, such as the mobility clause, an example of misconduct....

Jan
18
2017

East Midlands Retailer fined £2.2m for health and safety breaches – a sobering lesson

An overview of the recent decision to fine East Midlands retailer Wilko £2.2m for breaches under the Health & Safety at Work Act...

Jan
13
2017

Another “Spoke in the Wheel” of the Gig Economy? Tribunal finds bike courier to be worker

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed....

Jan
12
2017

Plot twist: dismissal for showing 18-rated film to 15-16 year olds was disability discrimination

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload....

Jan
11
2017

Agency Workers and Right to Work Checks

The Immigration, Asylum and Nationality Act 2006 places all UK employers under a statutory duty to prevent illegal working in the UK. Consequently, it is the employer’s responsibility to ensure that their employees have the right to work in the UK by first checking they have the correct permission and second, by retaining documentary evidence of the individual’s eligibility. ...

Jan
06
2017

Can a temporary injury be a disability?

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive....

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Forbury People Limited is a limited liability company registered in England and Wales. Registered number: 6251169. Registered office: One Forbury Square, The Forbury, Reading, RG1 3EB. VAT registration number: 921 6822 30.