Forbury People Limited

Knowledge Bank

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....

Dec
01
2017

Does government face “steep learning curve” on apprenticeships?

As reported previously, in April this year the apprenticeship levy came into force. This introduced a 0.5% levy on employers with payrolls over £3million. The aim is to raise £3bn annually for four years to fund apprenticeship places. ...

Dec
01
2017

Uber facing large fine as a result of data breach

Uber has recently admitted that it concealed a cyberattack that exposed the data of 57 million customers and drivers in October 2016, including names, email addresses and mobile phone numbers. The breach was hidden by the firm, which paid hackers US $100,000 (approx. £75,000) to delete the data....

Nov
28
2017

Back to the Future: Burden of Proof Requirement Restored

Only in August 2017 we reported on the case of Efobi v Royal Mail in which the Employment Appeal Tribunal (EAT) reversed the long standing legal position that in discrimination cases claimants must show an inference of discrimination before the burden of proof shifts to the employer....

Nov
27
2017

UK work experience visas under Tier 5

The Tier 5 visa route enables international students from outside the EEA to undertake temporary work experience, internships or approved training in the UK during or after their studies. Here, we consider the Government Authorised Exchange (GAE) and Youth Mobility schemes under Tier 5 of the Points Based System. Both routes allow a student/graduate to live and work in the UK for 12-24 months....

Nov
24
2017

Union bids for recognition with end user not employer

This week a trade union, IWGB, has applied for statutory recognition to represent a group of receptionists, security officers and porters who work at the University of London even though these workers are employed by Cordant Security, a facilities management company with the contract to provide services to the University....

Nov
24
2017

EAT hold that failing to evidence right to work is not an excuse to dismiss an employee

In Baker v Abellio London Ltd, the EAT overturned the ET’s original finding of a fair dismissal for illegality. The ET had accepted that a Jamaican national with the right to live and work in the UK was fairly dismissed after his employer had suspended, and eventually dismissed him, after failing to provide documentary evidence of his right to work....

Nov
24
2017

Company fined £80,000 for selling personal data without owners’ consent

The ICO has fined data brokering company Verso Group (UK) Ltd £80,000 for a serious and deliberate contravention of the Data Protection Act 1998 (DPA)....

Nov
17
2017

Pension scheme did not discriminate against worker who had a mixture of full-time and part-time service

In Dr Parker v MDU Services Ltd, the claimant alleged that her employer’s pension scheme indirectly discriminated against workers who had a combination of full and part-time service....

Nov
17
2017

Government doubles visas for exceptional talented individuals

On Wednesday, the government announced its intentions to double the number of visas to individuals who show promise in the technology, science, art and creative industries. Home Secretary Amber Rudd confirmed that the number of visas available through the Tier 1 Exceptional Talent route will increase from 1,000 to 2,000 a year....

Nov
17
2017

Deliveroo: Late substitution leads to a win against the run of play

The Central Arbitration Committee (CAC) has finally given its decision on whether a particular group of Deliveroo riders - those in the Camden/Kentish Town area of North London who are paid per delivery - are workers of Deliveroo or are independent suppliers of services to Deliveroo....

Nov
13
2017

Will Uber work in the area again?

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay....

Nov
13
2017

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit....

Nov
13
2017

The importance of understanding the economic entity in a TUPE situation

For there to be a business transfer under TUPE there must be an ‘economic entity’ that retains its identity post-transfer....

Nov
13
2017

Web of Secrecy: most organisations failing to inform users about what will happen to their personal data

The ICO has led a global investigation of website privacy communications on behalf of the Global Privacy Enforcement Network (GPEN) and found many organisations’ data protection practices are lacking....

Nov
03
2017

New right to parental bereavement leave – a step in the right direction?

Recent research undertaken by CPJ Field found that one in four workers in the UK did not take any time off following the death of a loved one, with one in ten only taking one day away from the workplace to grieve. ...

Nov
03
2017

Failure to consider workplace risks for breastfeeding employee can amount to sex discrimination

In Ramos v Servicio Galego de Saude the ECJ were asked to consider if an employer’s failure to assess the workplace risks to a breastfeeding worker could amount to direct sex discrimination....

Nov
03
2017

Tribunal Fees: Where are we now?

Since the Supreme Court’s decision on 26 July 2017 that the existing scheme of Employment Tribunal fees was unlawful, the future for employment claims has been in a state of flux. In our article in September 2017...

Nov
03
2017

Ignorance is bliss: decision-maker unaware of protected disclosure defeats automatic unfair dismissal claim

We reported on the EAT’s decision in Royal Mail v Jhuti back in the summer. Unhappy with the EAT’s decision, Royal Mail appealed to the Court of Appeal. The Court of Appeal restored some sense by confirming that employees cannot claim they have been automatically dismissed for making a disclosure if the decision-maker was unaware of the protected disclosure(s)....

Oct
27
2017

Right to Work: Employing International Students

Some international students from outside the EEA are allowed to work in the UK, depending on the conditions of their visas. Where they are permitted to work, students can work part time during their studies, full time during vacation periods and any period of time between completing their studies and the expiry of their student visa. Employers wishing to take on such students should be aware of the additional right to work checks required....

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