Forbury People Limited

Knowledge Bank

Jul
17
2015

Sick employee can choose not to take holiday leave and postpone it, but not indefinitely.

In relation to sickness and holiday leave, an issue which sometimes arises is whether an employee on sick leave has to demonstrate that he was unable by reason of illness to take holiday for it to be carried forward. Another question is whether there is an unlimited right to carry forward....

Jul
17
2015

Gender pay gap reporting: consultation underway

This week’s other big news on the employment front has been the Government’s launch of a consultation on legislation on gender pay gap reporting. This will close on 6 September 2015....

Jul
17
2015

Trade Union Bill: biggest changes to strike laws in 30 years

This week the Government announced the new Trade Union Bill 2015, which will be highly controversial, including the biggest changes to industrial action law since the 1980s....

Jul
10
2015

How much pay should be deducted from striking workers?

If you have been one of the many commuters stuck this week because of the rail and tube strikes, you may be heartened to learn that in a recent case, the Court of Appeal took a robust approach on the issue of how much pay an employer can withhold from a salaried worker....

Jul
10
2015

National Living Wage - what are the implications?

This week’s huge news is the announcement by the Chancellor of a new “National Living Wage” which will effectively replace the National Minimum Wage for workers over the age of 25....

Jul
03
2015

Request for Information and Consultation Agreement from 28 employees fails

The EAT has upheld a decision of the Central Arbitration Committee that for the purposes of the Information and Consultation of Employees Regulations 2004 (The ICE Regulations) an undertaking has to be a legal entity. ...

Jul
03
2015

Consultation on gender pay gap reporting

The government has confirmed that a consultation will be launched in the coming weeks, with a view to making regulations under section 78 of the Equality Act 2010 (EqA 2010) to implement gender pay gap reporting....

Jul
03
2015

Where are we on holiday pay?

So, with the summer holiday season upon us, where are we now exactly on the issue of the calculation of holiday pay? Can employers move forward in implementing changes to how holiday pay is calculated in the knowledge that there is sufficient legal certainty on the issue?...

Jun
26
2015

Employers continue to win battle in Geneva on right to strike

Back in February of this year, we reported on the highly controversial issue of whether there is an internationally recognised legal standard guaranteeing a right to strike....

Jun
26
2015

When does the duty to consult arise in a collective redundancy?

The issue of what is meant by “establishment” for the purpose of collective redundancy consultation having been dealt with recently by the European Court of Justice, the next vexed issue on collective consultation is at what point in the employer’s decision making processes does the obligation to consult arise?...

Jun
24
2015

Minimum salary requirement of £35,000 for migrant workers wishing to settle in the UK

Immigration issues have been in the news again this week following comments from the Royal College of Nursing (RCN) that up to 3,365 nurses currently working in the UK may be forced to leave after upcoming changes are made to the immigration rules....

Jun
19
2015

“Nothing in principle” to prevent voluntary overtime being included in holiday pay.

A Northern Ireland appeal has been allowed on the decision in Patterson v Castlereagh NIIT/1793/13 after the employer’s legal representatives conceded that there is “nothing in principle” to prevent voluntary overtime being included in holiday pay. ...

Jun
19
2015

Can the client decide who transfers under TUPE?

In Jakowlew v Saga Care, the client local authority issued an instruction to its contractor requiring it to remove the Claimant, a care worker, from the contract....

Jun
19
2015

Non exclusivity meant GP was self employed, not a worker.

How relevant is it to worker/employee status that the individual in question works exclusively in that role for a single employer?...

Jun
15
2015

The monthly cap on Tier 2 visas has been reached for the first time

It has been reported that the cap on the number of Tier 2 visas permitted each month has been reached for the first time since its introduction in 2011....

Jun
12
2015

Government announces review of its employment tribunal fees

The government has announced a review of employment tribunal fees....

Jun
11
2015

'Vexatious' allegations of race dismissal can lead to fair dismissal

‘Vexatious, malicious and frivolous’ allegations of race discrimination can lead to fair dismissal....

Jun
11
2015

Is it discriminatory to dismiss for offensive religious views?

If one employee voices her religious views, and this causes upset or offence to another employee, would it be discriminatory to dismiss?...

Jun
11
2015

TUPE: Can a sub-contractors' employees transfer to the client when the work is taken back in-house?

It is common for services to be contracted out to by a client a main contractor and then for that main contractor to then sub-contract some or all of the services to a sub-contractor....

Jun
11
2015

When does banning religious dress at work amount to religious discrimination?

Can an employer insist that an employee does not wear specific religious dress for work? When would this be religious discrimination?...

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