Forbury People Limited

Knowledge Bank

Apr
13
2018

Mind the Gap: Following up on Gender Pay Gap Reporting

After much press coverage in the build up to the reporting deadline of 4 April 2018, organisations employing more than 250 employees have now published their gender pay gap data and the results are now available for all to see. While the BBC reported that around 1,500 organisations missed the deadline to report, the results that are in make for tough reading....

Apr
13
2018

Data Protection

Are you ready for GDPR? With less than 30 working days left until the General Data Protection Regulation comes into force, is your organisation complaint?...

Apr
13
2018

Passports and procurement

Procurement law has featured heavily in the news this week after it was widely reported that the incumbent British supplier had lost the contract for producing the iconic, blue, post-Brexit British passport, which is to be awarded to a French company. ...

Apr
06
2018

Tier 2 Restricted CoS shortage fourth month in a row

The Tier 2 visa cap has been reached for the fourth month in a row resulting in sponsors being unable to employ workers under the Tier 2 General category from overseas. UKVI data shows that the minimum points required to be successful was 56 – a stark contrast to the usual 21. Many businesses have been trying to secure Restricted CoS since December....

Apr
06
2018

Answering the unknown: Can Respondents respond to unparticularised allegations?

In SoS BEIS v Parry and The Trustees of the Williams Jones’s School Foundation, the Court of Appeal (overturning the EAT’s decision) confirmed that even if a claim form has no particulars attached, in some circumstances a Respondent can still respond to the claim....

Apr
06
2018

Ending Sexual Harassment in the Workplace

In the wake of various high profile sexual harassment stories in both the UK and the US, the Equality and Human Rights Commission (EHRC) have taken several steps to improve the situation for employees in the UK. This has led to them publishing a report in March this year entitled “Turning the tables: ending sexual harassment at work”....

Apr
06
2018

Increase to Injury to Feelings Awards

Further to our previous blog on the tribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing claims)....

Mar
29
2018

MAC interim report highlights need for low and high skilled EEA labour

The Migration Advisory Committee (MAC) has published its interim report on its assessment of the UK labour market after the UK leaves the EU. Whilst the final report is expected to be published in September, the interim report summarises over 400 responses from businesses, industry bodies and government departments. ...

Mar
29
2018

Six month extension for childcare vouchers scheme

Childcare voucher schemes were due to close to new entrants on 5th April this year, however, the Government has now announced plans to keep this open for a further 6 months. ...

Mar
29
2018

Constructive Dismissal: Final Straws Cannot Revive Previously Affirmed Breach

In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer cannot revive the earlier breach. ...

Mar
23
2018

Home Office update: New visa fees from April 2018

New fees for immigration and nationality are to come into effect on 6 April 2018. The changes include increases to Tier 2 work visa fees, indefinite leave to remain and naturalisation applications. ...

Mar
23
2018

Facebook and Cambridge Analytica: A warning to all

The news surrounding Facebook and Cambridge Analytica sends a clear warning to organisations holding and processing personal data - tighten up your data processing and let individuals know what you will be doing with their data! ...

Mar
23
2018

ACAS stats show a rise in claims following abolition of fees

According to the ACAS quarterly stats, between April – July 2017 ACAS received around 1,700 notifications a week. This increased by 500 per week following the Supreme Court judgment in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 handed down on 26th July 2017 abolishing Tribunal Fees....

Mar
23
2018

Redundancy: To bump or not to bump

The EAT have held that in a redundancy situation there is no requirement for an employee to raise the issue of bumping in order for the employer to have to consider it. ...

Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct

This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted of making indecent images of children justified her dismissal....

Mar
16
2018

Workers not entitled to claim an injury to feelings award despite Working Time Regulations breach

The Court of Appeal (CA) has held in the recent case of Gomes v Higher Level Care that a worker cannot claim compensation for injury to feelings under the Working Time Regulations (WTR) if they have been prevented from taking rest breaks. ...

Mar
16
2018

No cap of 12.07% for part-time workers’ holiday

The Employment Appeal Tribunal, in Brazel v The Harpur Trust, held that it was incorrect to treat holiday pay for term-time teachers as being capped at 12.07% of annualised hours. ...

Mar
16
2018

Changes to continuous residence rules for Tier 2 workers

On 11 January 2018, the immigration rules were amended and new provisions were introduced which affect how the Home Office assesses continuous residence for Indefinite Leave to Remain (ILR) applications. Whilst the changes affect all Points Based System migrants, we will be focusing on Tier 2 General workers. ...

Mar
02
2018

Snow Laughing Matter: Staff and Severe Weather

The UK is currently embroiled in a snowy battle with the “Beast from the East”. Although many people are excited at the rare opportunity to build a snowman, extreme weather can be anything but brrrilliant for employers....

Mar
02
2018

Working Time: At home but on call

There has been a lot of debate and varying case law over what counts as being at an employer’s disposal and what the situation is in respect of being on call. Previous case law has confirmed that on call time is working time if the worker has to remain on site even if they are not required to work during that time and are resting. Some periods of travel by a worker have also been classed as working time. In all of these cases the requirement to be at a place chosen by the employer has been an important factor. So what about where the worker is at home?...

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