Forbury People Limited

Knowledge Bank

Jul
20
2018

Philosophical belief: one in the bag for Mulberry

The Employment Appeal Tribunal has recently found that a belief held by only one person, cannot give rise to an indirect discrimination claim on the ground of philosophical belief. The claimant worked for Mulberry as a Market Support Assistant: a role which gave her access to some of Mulberry’s designs ahead of their launch to market. ...

Jul
20
2018

Permitted Business Activities under a Visitor Visa

Over the last few years, UK’s immigration rules have provided greater flexibility to non-EEA nationals wanting to visit the UK as business visitors. Whilst there is no specific business visit visa, the Standard Visitor visa allows visa nationals to undertake a wide range of business activities including attending non pre-arranged meetings and working in the UK office of their overseas employer (providing they do not deal with clients directly)....

Jul
18
2018

Successful appeal erases dismissal

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty. ...

Jul
17
2018

Artificial intelligence and risk of bias

Professor Kate Crawford gave an excellent lecture on 17 July at the Royal Society, addressing the profound issue of how artificial intelligence may have adverse political and social impacts without a proper ethical framework....

Jul
13
2018

Facebook to pay for data protection breaches

The ICO has announced that Facebook will be fined the maximum possible amount of £500,000 for its breaches of the Data Protection Act in relation to the Cambridge Analytica scandal, an amount that pales in comparison with the new fines introduced under GDPR. We previously blogged on the scandal here....

Jul
13
2018

Recurring holiday dreams?

In Flowers v East of England Ambulance Trust, The Employment Appeal Tribunal has confirmed that voluntary overtime should be included when calculating holiday pay, if it is paid over a sufficient period of time. The ambulance crew members in this case did both mandatory but non-guaranteed overtime (shift over-run) and voluntary overtime, both of which were irregular. However, the voluntary overtime was not included in their holiday pay calculations. ...

Jul
13
2018

Discrimination arising from disability: Any treatment must be proportionate

In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the EAT confirmed that when determining a claim for unfavourable treatment arising in consequence of a disability, Tribunals must consider whether the employer’s pursued legitimate aim could be achieved by less discriminatory means. Discrimination arising from disability (“unfavourable treatment”) was a new ground of claim created under the Equality Act 2010. ...

Jul
06
2018

Government announces new visa scheme for overseas researchers

Immigration rules are to be relaxed by the Home Office today with the introduction of a new ‘UKRI Science, Research and Academia’ scheme which allows non-EEA researchers, scientists and academics to come to the UK for up to 2 years. The new scheme will be added to the Tier 5 (Temporary Worker – Government Authorised Exchange) visa route. ...

Jul
06
2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process....

Jul
06
2018

Qualifying period for Unfair Dismissal Claims

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman....

Jul
06
2018

GDPR: Commercial realities

It will not have escaped organisations’ attention that data protection laws have undergone significant reforms lately. ...

Jun
29
2018

Tribunal delivers further win for gig economy workers

In a recent ruling by the Employment Tribunal, Hermes couriers have been deemed to be workers. This is the latest in a long line of decisions about the gig economy, including Pimlico Plumbers, Uber, Citysprint and Deliveroo, in which the general trend has been that those working in the gig economy have been found to have greater rights than the company may have envisaged....

Jun
29
2018

Changes to UK immigration rules from 6 July 2018

The UK Government has announced changes to the immigration rules that will come into effect on 6 July 2018. Many of the changes are positive and will bring welcome news to those looking to work or invest in the UK. Below is a summary of the main changes....

Jun
29
2018

Whistleblowing: When is a Disclosure Protected?

In Kilraine v London Borough of Wandsworth the Court of Appeal has confirmed that to be protected under whistleblower legislation, disclosures need to be more than mere allegations and have sufficient factual content and specificity of a relevant failure set out in the Employment Rights Act 1996. ...

Jun
22
2018

Government announces new settlement scheme for EEA nationals

The UK government has now released details of the “settled status” scheme which EU nationals in the UK will use to apply for permanent residence after Brexit. Sajid Javid confirmed the government’s default position will be to grant, not refuse, settled status. The government has also provided clarity on application fees and Comprehensive Sickness Insurance, which will no longer be required....

Jun
22
2018

Automatic unfair dismissal despite employee’s knowing use of illicitly gained personal information

It is automatically unfair to dismiss an employee for taking part in trade union activities at an appropriate time. It is also unlawful to subject an employee to a detriment on this basis. For a union official, union activities include seeking to present a case on behalf of his/her members....

Jun
22
2018

List of issues should be complete

It is common for parties to a tribunal claim to agree, at an early stage, the list of the issues that they want a tribunal to determine. In the recent case of Scicluna v Zippy Stitch the Court of Appeal has suggested that tribunals will usually be confined to these issues. ...

Jun
22
2018

UK government announces new start up visa route

Last week, Home Secretary Sajid Javid announced plans to introduce a new start up visa for entrepreneurs. The new start up visa will launch in Spring 2019 and is expected to replace the Tier 1 Graduate Entrepreneur scheme. The announcement was made during London Tech Week and the government hopes a simpler visa route will create a favourable environment for entrepreneurs. ...

Jun
19
2018

Will HR be Human or Hybrid?

As huge numbers of employees face displacement by technology over the coming decade, nearly half all jobs in manufacturing according to some, what is the HR agenda to mitigate the human cost of this technological revolution?...

Jun
15
2018

Workplace goals for the 2018 World Cup

On 14 June 2018 the World Cup tournament begins and runs until 15 July 2018 with a total of 64 games being played during that period. For some there will be nothing more important than watching the games and the feel-good factor that a business can create by allowing employees some flexibility to watch games that fall during the working day may be worth the advanced planning. It is of course important that employers are also aware of issues that could arise in the workplace during this time and that they are able to deal with any problems swiftly and effectively. ...

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