Forbury People Limited

Knowledge Bank

Feb
27
2018

Data Protection Changes: The E-Privacy Regulation

With GDPR dominating the headlines anyone would be forgiven for thinking this is the only change taking place in the world of data protection. However, there are also proposals underway for reforming the European E-Privacy Directive which is implemented in the UK by way of the Privacy and Electronic Communications Regulations 2011 (PECR)....

Feb
23
2018

Restricted CoS quota hit again in February

The non EEA skilled worker cap has been hit again this month, now for the third month running. Many Tier 2 sponsors have seen their Restricted CoS applications refused causing delays to new recruits start dates. ...

Feb
23
2018

An office romance or a HR nightmare?

Valentine’s Day may be over and done, but hopefully love may have blossomed for some lucky individuals! ...

Feb
23
2018

Employers “Living in the Dark Ages” when it comes to pregnant women and new mothers, says Equality and Human Rights Commission (EHRC)

A YouGov survey conducted on behalf of the Equality and Human Rights Commission (EHRC) has exposed that 41% of managers think pregnancy in the workplace places “an unnecessary cost burden” on employers. ...

Feb
23
2018

Compensation limits increase

It’s that time of year where compensation limits for claims such as unfair dismissal and for statutory redundancy payments are reviewed. ...

Feb
16
2018

Employers should make their own decision on disability

An employer does not have to take every possible step possible to establish whether an employee is disabled. The test is what an employer could reasonably be expected to know....

Feb
16
2018

Employee status in the gig economy

Over the last two years, there has been a steady stream of high-profile employment rights claims by individuals working in the gig economy (for Uber, Citysprint, Deliveroo, Hermes and many others)....

Feb
16
2018

The Sponsorship Management System (SMS) for Beginners

Last month, we posted an article on the role of the Authorising Officer and explained that this person does not have access to the Sponsorship Management System (SMS) unless he/she is a Level 1 or 2 user. Since then we’ve received enquiries from HR staff wanting to know more about the SMS, who has access to it and the differences between a Level 1 and 2 user. ...

Feb
09
2018

Whistleblowing: can a worker claim post-termination losses caused by pre-termination detriments?

The Claimant in the case of Wilson Solicitors LLP and others v Roberts was a solicitor and member of the LLP. He was also Managing Partner and held several compliance roles. A complaint of bullying was made against one of the Senior Partners and the Claimant was appointed to investigate it. ...

Feb
09
2018

Government response to Taylor Review

We reported on Matthew Taylor’s review of modern working practices last year. The Government has now published its full response to that report and has launched four consultations into the following areas: ...

Feb
09
2018

Tick tock, have you renewed your CoS?

Tier 2 sponsors should have by now received an email from UK Visas & Immigration reminding them that the CoS annual allocation process will soon begin and any unused unrestricted CoS in the SMS will expire on 5 April 2018. Sponsors should start thinking about how many unrestricted CoS they’ll need from 6 April 2018 to 5 April 2019....

Feb
09
2018

A snapshot of the Sex Discrimination Law Review

The Fawcett Society recently published its analysis of the efficacy of sex discrimination law in the UK (“the Report”). Whilst acknowledging the efforts made in this area to date, the Report goes on to identify a number of areas in which significant reform is still required. We identify the points likely to be of most interest to employers below. ...

Feb
09
2018

Injury to Feelings Payable in Working Time Detriment Claims

A worker has the right not to be subjected to a detriment for refusing to comply with a requirement that breaches the Working Time Regulations 1998. ...

Feb
02
2018

Sponsoring students under Tier 2 work visas – new rules

Tier 2 sponsors will be pleased to hear that rules which came into effect from 11 January 2018 now allow Tier 4 Students on non-PhD courses to switch to a Tier 2 General visa when they have completed their course....

Feb
02
2018

Caution: Non-renewal of fixed term contract was unfair dismissal

The recent case of Royal Surrey County NHS Foundation Trust v Drzymala serves as a reminder to employers that the non-renewal of a fixed term contract will be a dismissal and that the usual principals governing unfair dismissals will apply. ...

Feb
02
2018

GDPR: UK leading the field?

A recently reported survey carried out by data cleansing specialist, W8 Data, has found that the UK is significantly more confident than other EU countries that it can comply with the GDPR when it comes into force in May this year. ...

Feb
02
2018

Personal motivation required for whistleblowing detriment

In the case of Malik v Cenkos Securities Plc, the Employment Appeal Tribunal (“EAT”) found that for there to be a causal link between a protected disclosure and detrimental treatment, the individual accused of the detrimental treatment must be personally motivated by the disclosure. ...

Jan
26
2018

Restricted CoS crisis – now doctors are blocked from entering UK

A few weeks ago we wrote about how the Home Office’s Restricted CoS limit was reached in December and many employers saw their applications refused....

Jan
26
2018

Creative attempt by union to expand the scope of statutory recognition fails

As we predicted, the Central Arbitration Committee (CAC) has rejected an application by a trade union for statutory recognition to negotiate directly with the University of London on behalf of a group of workers who work at the university but who are employed by Cordant Security, a facilities management company. ...

Jan
26
2018

Whistleblowing claim against co-workers knows no boundaries

In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal (“EAT”) found that an employee could bring whistleblowing detriment claims against co-workers for events which allegedly took place whilst on secondment in Kosovo. ...

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