Forbury People Limited

Knowledge Bank

Mar
23
2017

Barrister fined after accidentally uploading clients’ personal data online

The number of employees who describe themselves as “usually” working from home has increased by almost 20% over the last decade according to research carried out by the TUC in 2016. With this growing trend comes the ...

Mar
23
2017

Teacher’s dismissal for long-term sickness was unfair

The case of O’Brien v Bolton St Catherine’s Academy concerned a teacher who, after 14 months of absence following an assault by a pupil, was dismissed....

Mar
22
2017

The Continued Risk of Racism in the Workplace

Managing racism in the workplace...

Mar
17
2017

Dress codes in the workplace and religious discrimination

We wrote last year about two cases concerning individual female Muslim employees who wished to wear a headscarf at work. In each case, this was not permitted by the employer and each employee was dismissed....

Mar
17
2017

Lost in translation: Confusion over employee status of an interpreter

The Equality Act 2010, which sets out the legal protections against discrimination, defines employment as “employment under a contract of employment, a contract of apprenticeship or a contract personally to do work.”...

Mar
17
2017

Spring Budget 2017: Has the Chancellor sprung any surprises for employment?

The 2017 Spring Budget was announced by the Chancellor Phillip Hammond and except for the self-employed, the changes were seen to be fairly uneventful from an employment law perspective. ...

Mar
09
2017

Redundancy results in unfair dismissal, sex discrimination AND part time worker detriment

In Fidessa Plc v Lancaster, the claimant, on return from maternity leave, agreed to work 9am-5pm four days a week. It was agreed that there may be flexibility here but that the claimant ...

Mar
09
2017

Assertion of disability is not by itself enough to claim harassment under the Equality Act

In Peninsula Business Services Limited v Baker, the Claimant worked as a legal advisor. The Claimant told his manager that he thought he may have dyslexia. ...

Mar
03
2017

No implied term that loan can be waived in voluntary redundancy situation

      In the case of Ali v Petroleum Company of Trinidad and Tobago, the Privy Council ruled that there was no implied term that a voluntary redundancy situation relieves an employee’s obligation to repay a loan....

Mar
03
2017

Digitised tribunal system - a step closer

On 23rd February 2017, the Government provided a response to the consultation paper, ‘Reforming the Employment Tribunal System’ published by the Department for Business...

Mar
03
2017

Holiday Pay Challenge Runs out of Gas in Supreme Court

The long running question in Lock v British Gas, whether holiday pay should include commission, appears to have been definitively answered....

Feb
24
2017

Data Subject Access Requests – Court of Appeal limits scope of exceptions

The Data Protection Act gives individuals the right to make a Data Subject Access Request (DSAR) to find out what information an organisation holds about them. Many employers will have received DSARs from employees or ex-employees, often as a precursor to claims being brought in the courts or tribunals....

Feb
22
2017

A costly detour - employer’s attempt to bypass collective bargaining to negotiate directly with employees fails

Under section 145B of TULRCA, it is an offence for an employer to offer employees an ‘inducement’ which, if accepted, would result in them giving up any or all of their collective bargaining rights. The case of Dunkley and others v Kostal UK Ltd serves as a costly reminder to employers of what can happen if they do. ...

Feb
22
2017

Supreme Court decides minimum income immigration rule is lawful

This morning, the UK’s highest court has unanimously ruled that the minimum income threshold introduced by Theresa May in 2012, is lawful. The measure that British spouses must earn more than £18,600 before they can bring non-European spouses to the UK, will therefore remain in place....

Feb
17
2017

Trade Union Act 2016 Update – Main provisions in force from 1st March 2017

The Government has now confirmed that, as expected, the main provisions of the Trade Union Act 2016 will come into force on 1st March 2017....

Feb
17
2017

Lloyd’s of London bans liquid lunches

The historic insurance market, Lloyd’s of London, has hit the headlines as it announced a ban on drinking alcohol between the hours of 9am and 5pm....

Feb
14
2017

Roses are red, violets are blue, if love is in the office air, what should you do?

Most of us are likely to be spending Valentine’s Day at work and, although many people will be separated from their partners, those looking for love may not need to look any further ...

Feb
10
2017

Another blow to the ‘gig economy’ - plumber wins Court of Appeal case

Today the Court of Appeal has handed down its decision in a case brought by plumber Gary Smith against Pimlico Plumbers. The Court upheld an earlier Employment Tribunal decision that Mr Smith was a worker and not self-employed....

Feb
09
2017

Holyoake v Candy- Sweet news for data controllers dealing with SARs

In a notable judgement, the High Court refused an application to order compliance with a subject access request (SAR) on the basis that searches had been reasonable and proportionate and legal professional privilege was properly claimed....

Feb
09
2017

Trade union rep potentially fairly dismissed for not so picture perfect activities

In the case of Metroline RATPDEV Ltd v Morris, the EAT held the Claimant’s activities of storing, using or disseminating confidential information did not amount to ‘trade union activities’ and did not, therefore, attract the protection of automatic unfair dismissal...

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