Archived Legal Articles from 2018

Employment & HR

November

Pay in lieu of untaken leave held to accrue to deceased employee's estate

13/11/18

In Wuppertal v Bauer and Willmeroth Broßonn the CJEU has held that the heir of a worker who dies while in an employment relationship with a public or private employer has a right to financial compensation in lieu of the worker's untaken paid annual leave. The right to annual leave was…

Government Considering the Re-Introduction of Tribunal Fees

13/11/18

On 7th November 2018, the Law Society Gazette published an article suggesting that the Ministry of Justice ("the Ministry") has confirmed it may reintroduce fees for employment tribunal claims. Tribunal fees were introduced in July 2013; initially around £160, and increasing to &…

Forbes Solicitors Advises Acumen Financial Partnership Over Wyre Deal

09/11/18

Forbes Solicitors have advised West Lancashire-based independent financial adviserÔÇ»Acumen Financial Partnership over the acquisition of Wyre Investment and Financial Management based in Pilling. The deal was completed with the help of Rebecca McCann, a Solicitor in Forbes' Corporate…

Forbes Expands Employment Team With Five New Appointments

06/11/18

Forbes Solicitors has expanded its Employment Team with the appointment of three solicitors and two paralegals. Abigail Mottram, Trishna Modessa, Yara Cherbetji, Charlotte Black and Jason Landa, add expertise in a number of areas and have begun working with a wide range of clients in both the…

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October

Liability for Individuals (as well as employers) in Whistleblowing Cases

26/10/18

The recent case of Timis v Osipov [2018] EWCA Civ 2321 is sure to have created uncertainty and worry in boardrooms throughout the country. The Court of Appeal held that two individual directors must pay out £2 million in a landmark whistleblowing decision. The judge held for the first time…

Staff handbook: what you should and shouldn't do as employers

25/10/18

This article offers several tips and guidance for employers to ensure best employment practices are being followed when it comes to drafting and managing company handbooks. The importance and significance of a staff handbook cannot be understated. It is a document that outlines a company's…

Cake-smash Clash of Rights Determination by the Supreme Court

22/10/18

It has been impossible to miss the ongoing case of Lee v Ashers Baking Company Ltd and Others . It has courted a great deal of media attention over the course of the last few years given the strength of feeling among members of the public relating to the facts of the case. Facts The case was…

Forbes Launches Expanded HR Complete Employment Solution

16/10/18

An Employment Law & HR solution offered by Forbes Solicitors has been expanded to include a wide range of new complimentary services in a convenient "one-stop-shop" for clients. HR Complete is a bespoke insurance-backed service which launched two years ago to help SMEs get the most…

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September

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July

Forbes' Ladies Night Raises Vital Funds for CARES Cancer Charity

26/07/18

A night of pampering and beauty treatments organised by Forbes Solicitors has raised £428 for Lancashire cancer charity CARES. The event, at the firm's Oak House office in Walton Summit, included demonstrations as well as canapés and prosecco for the 40 women who attended. The…

Recent EAT finding on the impact of overtime on holiday pay

18/07/18

A recent finding of the EAT in Flowers & others v East of England Ambulance Trust has confirmed that both non-guaranteed and voluntary overtime should be included in an employee's holiday pay calculation provided it was sufficiently regular and settled to amount to "normal remuneration&…

Frequently Asked Questions

18/07/18

How far reaching can a workplace dress code be? In summary, dress codes can be a legitimate part of an employer's terms and conditions of service, but any less favourable treatment because of sex could amount to direct discrimination. While dress policies for men and women do not have to be…

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May

EAT Overturns Sex Discrimination Finding Regarding Shared Parental Leave

15/05/18

In the recent appeal made by the Respondent in Capita Customer Management Ltd v Ali UKEAT/0161/17/BA , the Employment Appeal Tribunal (EAT) held that failing to pay a father his full salary during shared parental leave, where a female colleague on maternity leave would have received her full salary…

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April

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March

EAT clarifies position on employer's lack of knowledge of disability

27/03/18

The Employment Appeal Tribunal recently confirmed that the Claimant's strong belief that he has a disability isn't enough to ensure that his employer should be regarded as knowing, or be reasonably expected to know, of his disability. In Toy v Chief Constable of Leicestershire, the Claimant…

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January

Big Brother at Work

26/01/18

Surveillance and privacy in the work has been under the spotlight recently at the European Court of Human Rights. The cases of Antovic and Mirkovic v Montenegro and Lopez Ribaida & Ors v Spain considered whether video surveillance breached Article 8 of the European Convention on Human…

What to expect in 2018 - a guide for employers

26/01/18

With the new year already under way and 2017 having rapidly come and gone, we provide employers with an outline of key issues they should note and take steps to prepare for this year. If 2017 was a busy year for employers, 2018 is expected to be even busier. So, what do you need to know (that…

Does the termination of a fixed-term contract amount to unfair dismissal?

26/01/18

The use of fixed-term contracts is widespread across many industries and business sectors. Whilst the mechanism behind this type of contract appears simple, dealing with the expiry of a fixed-term contract is not always straightforward. The Employment Appeal Tribunal in Royal Surrey County NHS…

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Charlotte Jackson
UK HR Business Partner
Voith Paper Ltd

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Kathryn Robinson
Head of HR
Accrol Papers

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Head of department Jonathan Holden leads a team of 'highly competent individuals' covering the full range of employment matters.

2018-19 edition Legal 500

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Forbes Solicitors provides 'swift, efficient and pragmatic advice to its clients'.

2018-19 edition Legal 500

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We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.

Jayne Mizon
HR Manager
Kepak Convenience Foods

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We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.

Stephen Neaves
Manager
Piccadilly Garden & Support Service

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The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough

Peter Morley

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Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole

Brenda P Allen
FCIPD

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Sharon Asquith
Principal
Ashton Community Science College

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Amy Stokes was more than helpful throughout the whole process - Thank you Amy.

Stephen Fielden

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Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.

Nicola Watson
Business Support Manager
Birchall Catering Supplies Ltd

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I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business

Catherine Ogden
Commercial Director
E A Foulds Limited

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May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.

Sharon Jones
Hall Director
Samlesbury Hall

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...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.

Landon Helsby
Managing Director
Apeks Marine Equipment Ltd.

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