Forbury People Limited

Knowledge Bank

Jan
19
2018

Covert surveillance breaches right to privacy and data protection law

Covert surveillance at work was found to be in breach of the right to privacy and data protection law by the European Court of Human Rights(ECtHR) in Lopez Ribalda & Ors v Spain....

Jan
19
2018

Compensatory rest must be truly equivalent

Under the Working Time Regulations a worker is entitled to a 20 minute rest break if they work over six hours. ...

Jan
18
2018

Tier 2 Sponsors: Role of the Authorising Officer

Businesses with sponsor licences have a huge responsibility to ensure that the points based system is not abused. The role of the Authorising Officer is to effectively manage the licence and ensure the employer is not in breach of its sponsor duties. ...

Jan
12
2018

New DBS application procedure introduced in England and Wales

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
09
2018

UKVI confirms Restricted CoS limit reached in December

For the first time since July 2015, the Home Office’s monthly Restricted Certificate of Sponsorship (CoS) limit was reached and many employers saw their applications refused....

Jan
05
2018

What to look out for in 2018

With 2018 newly arrived, it’s the ideal time to take a look at what’s in store for the world of business and its employees over the next year....

Jan
05
2018

Protected conversations – an exception to the protection…

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
05
2018

Looking ahead at business immigration in 2018

In 2017, we saw the government push ahead with its policy to reduce net migration to “sustainable levels.” Businesses saw the introduction of the Immigration Skills Levy, the closure of the Tier 2 Intra Company Transfer (ICT) route and an increase to the minimum salary threshold for skilled workers. ...

Dec
22
2017

Ghosts of Christmas Past: using Christmas bonus to bypass collective bargaining comes back to haunt employer

Earlier this year we reported on the Tribunal decision in Dunkley and others v Kostal UK Ltd, involving an attempt to induce staff to give up their collective bargaining rights by informing them directly that failure to agree terms would lead to “no Christmas bonus”. ...

Dec
22
2017

Criminal conviction for Loss Adjustors who used illegally obtained data

With the constant risk of fraud, investigating claims is a priority for many insurance firms. However, a recent case has shown how this can lead to a breach of data protection legislation and criminal sanctions. ...

Dec
15
2017

Tier 2 & 5 Priority Service for Sponsors

Last year, UK Visas & Immigration launched the Tier 2 and 5 priority change of circumstances service for business sponsors. UKVI’s current processing time for requests via the SMS is 18 weeks – which as our clients know is 18 weeks too long....

Dec
15
2017

Employers could be liable for data breaches by rogue employees

In 2014 an employee of Morrisons supermarkets posted payroll information (including names, addresses, bank accounts and salaries) of 99,988 colleagues online and sent the same to newspapers. Mr Skelton had the right to access this information and had taken the data to get revenge on the firm after disciplinary action. Given the scale and nature of the information, he was subsequently jailed for eight years. ...

Dec
15
2017

Home Office fines show the true cost of not carrying out immigration checks

The Home Office has recently published its quarterly figures for the number of illegal workers identified between April and June 2017. The figures show that illegal workers are not just isolated cases....

Dec
15
2017

Fit for work assessments to be scrapped

The Government’s Fit for Work assessment scheme is to end following low referral rates, marking the beginning of a revised strategy to get more disabled people into the workplace....

Dec
08
2017

Why honesty is always the best policy, when it comes to capability

Mr Rawlinson was dismissed by Brightside Group for poor performance, however, to soften the blow, Brightside told Mr Rawlinson that the reason for his dismissal was because his role was being outsourced following a restructure....

Dec
08
2017

Poem: Christmas Parties

Poem: Christmas Parties...

Dec
08
2017

Second bite at the cherry: time limits and amendments to claims

Prior to the case of Galilee v Commissioner of Police of the Metropolis, it was understood that an amendment to a claim takes effect from the date of the original claim and that it’s essential for the Tribunal to consider any jurisdictional points (such as whether the claim is in time) when deciding whether or not to grant the application as, once the application has been granted, the Respondent would be prevented from raising such an argument. ...

Dec
04
2017

CJEU backs worker in claim for 13 years holiday pay

We reported on the case of King v Sash Windows back in June when the Advocate General gave an opinion on the case. We now have the Judgment from the Court of Justice of the European Union (“CJEU”). ...

Dec
04
2017

London Mayor Sadiq Khan campaigns for ‘fair and flexible’ visa system

The London Mayor has kicked off a week long trade mission to India and Pakistan by criticising the British government’s current stringent visa policy. Speaking in Mumbai, Sadiq Khan said he was “lobbying” with the government to change its visa policy and it was in London’s best interests to keep Britain open to highly skilled workers....

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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.