Forbury People Limited

Knowledge Bank

May
12
2017

Brexit – Is TUPE in the firing line?

Despite reassurances that existing employment law rights will be protected following Brexit, there is much scepticism as to whether government guarantees will last,...

May
12
2017

Work and Pensions Committee deliver further blow against “gig economy”

In an extremely scathing report, the Work and Pensions Committee has suggested working under a self-employed status leaves workers vulnerable to exploitation, and that those working for firms who use these contracts (including Uber and Deliveroo) should have full worker rights rather than “bogus” self-employment status. This is part of a growing backlash against “gig economy” arrangements (courts and tribunals have also been critical, see previous blogs here and here)....

May
12
2017

ICO fines: A reminder that organisations can be liable for third party errors

Two recent ICO fines totalling over £200,000 have shown that, even when an organisation does not immediately appear at fault, they can be held liable if they haven’t taken steps to prevent a risk to personal data....

May
11
2017

The Great Repeal Bill and its impact on Employment Law

So…where are we now? The Brexit process was formally triggered by Theresa May on 29th 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)....

May
04
2017

Employer made to pay £2 for breaching employee’s right to be accompanied

An employee has a statutory right to be accompanied by either a trade union representative or colleague at a grievance or disciplinary hearing. If an employer prevents an employee from bringing their chosen companion, they will be liable to pay compensation of up to two weeks’ pay. ...

May
04
2017

Paid to sleep on the job?

It’s common in some sectors, such as health and emergency services, for workers to undertake ‘sleep-in’ shifts where they are present at work but on standby. A question arises in these situations – are these workers entitled to National Minimum Wage (NMW) for their entire shift or just those parts when they are working?...

May
04
2017

TUPE and Insolvency

TUPE can, and often does, arise in insolvency situations and it’s important to be aware that some TUPE provisions are relaxed in such situations in a bid to make failing businesses more attractive to prospective buyers....

Apr
28
2017

Cyber Security Survey shows need for vigilant approach to data protection

The government recently published its 2017 Cyber Security Survey results...

Apr
27
2017

A higher minimum wage for zero-hours workers?

Current figures suggest the number of people on zero-hours contracts in the UK hit a record high of 910,000 in the last 3 months of 2016....

Apr
21
2017

Employee’s reason for rejecting suitable alternative employment was reasonable despite employer having no knowledge of this

The EAT held in Dunne v Colin & Avril Ltd that a book-keeper who declined an offer of suitable employment did so reasonably despite her reliance on health reasons not raised until after her dismissal....

Apr
21
2017

Double take: No higher threshold for ‘no fault’ SOSR dismissals

The EAT has held in Ssekisonge v Barts Health NHS Trust that the dismissal of a nurse whose identity raised concerns was fair on the ground of ‘some other substantial reason’ (“SOSR”) and that no higher threshold existed for dismissals involving ‘no fault’ on the part of the individual...

Apr
19
2017

Dozens of UK Landlords fined after roll-out of Right to Rent Scheme

Right to rent checks - Landlords or their agents must by law check that their tenants have the right to rent in the UK, failure to carry out these checks may lead to financial penalties.......

Apr
07
2017

Notice of termination – the importance of timing

The Court of Appeal ruled in Newcastle upon Tyne NHS Foundation Trust v Haywood that in the absence of an express term in the contract of employment, notice was only effective when Ms Haywood actually read the letter of dismissal....

Apr
07
2017

April 2017: Key changes and points for employers to consider

April heralds the start of spring and often marks the start date for recently introduced legislation. Here is a whistle-stop tour of some of the most important changes in employment law this month will bring:...

Apr
07
2017

No second bite at the cherry with ACAS early conciliation

In general, claimants are only allowed to bring Employment Tribunal claims after submitting an ACAS EC notification form and receiving an EC certificate. Last week, we blogged on an ET decision that only time spent in ACAS Early Conciliation (“EC”) after a limitation period starts running extends the time limit for bringing a claim....

Mar
31
2017

Disciplinary Process Sunk By Failure to Make Reasonable Adjustment

A discriminatory disciplinary process led to an employee who worked at a Subway sandwich store being awarded £15,484 by an Employment Tribunal....

Mar
31
2017

You cannot stop a clock before it starts

A recent Tribunal decision has held that time spent in ACAS Early Conciliation (“EC”) before a limitation period starts cannot extend the time limit for bringing a claim....

Mar
31
2017

No requirement to be accurate with additional TUPE information say EAT

Regulation 11 of TUPE states that prior to a transfer, the transferor must provide information including particulars of employment to the transferee. In Born London Limited v Spire Production Services the Employment Appeal tribunal (EAT) found that stating incorrectly that a bonus was non-contractual did not constitute a breach of these regulations....

Mar
23
2017

TUPE: Activities at the time of the transfer relevant to the ‘principal purpose’ test

Tees Esk & Wear Valleys NHS Foundation Trust v (1) Harland & Ors (2) Danshell Healthcare Ltd...

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