Forbury People Limited

Knowledge Bank

Jun
16
2017

Failure to pay enhanced shared parental leave was direct sex discrimination

In Ali v Capita Customer Management Ltd, a father succeeded in his claim for direct sex discrimination when he was told that shared parental pay only entitled him to 2 weeks full pay following the birth of his child and not the 14 weeks granted to women on maternity leave....

Jun
16
2017

Non-compete clauses: timing is everything

In Egon Zehnder Ltd v Mary Caroline Tilman, the High Court upheld a restrictive covenant finding that it went no further than reasonably necessary in protecting the employer’s legitimate business interests. The court explained that the the reasonableness of a non-compete clause should be assessed at the time a contract is entered into but should take into account the parties’ expectations of future promotions....

Jun
16
2017

Council fined £150,000 for a failure to redact sensitive personal data

Basildon Borough Council have been given a £150,000 fine by the Information Commissioner, after a statement in support of a householder’s planning application was published online in full without redacting personal data....

Jun
09
2017

EU gender pension gap twice the gender pay gap

Not to be confused with the gender pay gap, the gender pension gap is defined as ‘the gap between the pre-tax income received as a pension by women and that received by men'. The consultancy firm Mercer has recently found that this gap in the EU is more than twice the gap between men and women’s earnings, standing at 40%, compared to the gender pay gap of 16%....

Jun
09
2017

The UK wakes up to a hung parliament!

The Conservatives are the largest party but have fallen short of a majority....

Jun
09
2017

Territorial Jurisdiction: an objective test

In the recent case of Green v SIG Trading Ltd, the EAT held that the question of whether an employee has a sufficiently strong connection to the UK (to give a tribunal territorial jurisdiction to consider a claim) is an objective rather than a subjective test....

Jun
09
2017

Court finds employees don’t have to disclose intention to compete

In MPT Ltd v Peel and others, the High Court was asked to grant an interim injunction against two senior employees of MPT who planned to run a competing business after they left MPT and their restrictive covenants had expired. ...

Jun
01
2017

“Mini” strike exposes major pension issues

In April workers at BMW’s UK plants started a wave of one day strikes, halting the output of the iconic Mini. This is the first ever walkout by staff at these sites and the cause was BMW’s plan to close a defined-benefit pension scheme and replace it with a contribution-based scheme, a move the Unite union believe will cost workers up to £160,000 in lost income....

Jun
01
2017

Louise Merrell writes for EmploymentSolicitor.com on Great Repeal Bill and its impact on UK employment law

The Brexit process was formally triggered by Theresa May on 29 March and, the very next day, we were introduced to the Government’s White Paper on the UK’s withdrawal from the EU, setting out the Government’s plans for the Great Repeal Bill (GRB)....

Jun
01
2017

Supreme Court determines a pay deduction rate of 1/365 for each day employees participate in lawful strike action

In Hartley v King Edward VI College, the Claimants were teachers who participated in a full day of lawful strike action. Their employment contracts permitted pay to be deducted for any days on lawful strikes but did not specify the calculation to be applied. The employer deducted 1/260 of their annual pay, basing the calculation on working days in a year rather than calendar days....

Jun
01
2017

Employer’s belief that a disclosure was not protected was not relevant

It is automatically unfair to dismiss an employee on the basis that he or she has made a protected disclosure, more commonly known as ‘whistleblowing’. The Court of Appeal, in Beatt v Croydon Health Services NHS Trust, has made clear that an employer’s belief that a disclosure was not protected is irrelevant in such dismissals....

May
30
2017

Is TUPE the next threat to the ‘gig economy’?

Recently it has been hard to escape reports about employment status and the ‘gig economy’ with companies like Uber, Deliveroo and Addison Lee attracting much attention....

May
26
2017

EAT re-affirms that three-month gap in series of holiday pay deductions breaks the chain

In Fulton and another v Bear Scotland Ltd (No.2) the EAT confirmed its earlier decision that a gap of more than 3 months in a series of deductions...

May
26
2017

It’s Good to Talk: The cost of failing to inform and consult on TUPE

In the recent Employment Tribunal case of Holden v Spice Valley Restaurants Ltd and others the employer, a restaurant, went into administration. ...

May
26
2017

General Election 2017: Party Manifestos on Data Protection

Given the growing importance of data protection to our everyday life, it is unsurprising that the issue is mentioned in the manifestos for the upcoming General Election...

May
19
2017

Gig economy: Giving with one hand and ‘taking away’ with the other?

Following parliamentary pressure, the takeaway delivery company Deliveroo has removed a controversial clause within its “supplier agreement” that sought to prevent couriers from challenging their self-employed status at an employment tribunal. ...

May
19
2017

Conservative, Labour and Liberal Democrat Manifestos – Key Employment & Immigration Law Pledges

With the general election fast approaching, we have set out the key employment law points from the Conservative, Labour and Liberal Democrat manifestos....

May
19
2017

Conservatives Manifesto: Pledge to Double Immigration Skills Charge

Launching the Tories Manifesto today, Theresa May has said a strong economy and delivering Brexit were top priorities. ...

May
18
2017

Junior doctor recognised as a worker for whistleblowing purposes

Dr Day entered into a training contract with Health Education England (“HEE”). HEE placed Dr Day on a series of training placements with different NHS trusts. ...

May
16
2017

Helen Beech writes for We Are The City on the Gender Pay Gap Regulation

Employment partner and HR extraordinaire Helen Beech discusses the Gender Pay Gap Regulation and why the call for information should be just as important to SMEs as it is to large corporations....

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