Legal Article
29/11/19
With a raft of issues ripe for discussion in the lead up to the General Election, there is no rest for the main political parties vying for support. Education has always been a crucial social issue, and the pledges of each of the main political parties in relation to education has been eagerly awaited.…
Forbes News
28/11/19
Forbes Solicitors has won a four-year contract to advise one of the largest groups of local authorities in the country after being named as a successful bidder for the North East Procurement Organisation (NEPO)'s Regional Legal Services Framework. Established in 1976, the NEPO undertakes high-…
Legal Article
28/11/19
The Supreme Court has upheld the decision of the Employment Appeal Tribunal In Royal Mail Group Ltd v Jhuti confirming that where there is a hidden reason for a dismissal it will be held to be the reason for the dismissal irrespective of the fact that the decision maker had an alternative admissible…
Legal Article
28/11/19
With a raft of issues ripe for discussion in the lead up to the General Election, there is no rest for the main political parties vying for support. The law surrounding employment and the workplace has always been a critical area of debate. But given the particularly wide gulf between ideological…
Legal Article
15/11/19
The long-awaited Pension Schemes Bill was published on 16 October, detailing amongst other issues the proposed framework for collective defined contribution, new powers and sanctions for The Pensions Regulator and enabling provisions for Pension Dashboards. It also amends the 2004 Pensions Act…
Legal Article
25/10/19
The Employment Tribunal held in Raj v Capita Business Services that establishing an offensive or humiliating environment alone is not sufficient to establish that the conduct relates to a protected characteristic. In order to prove successful, a claimant must establish that the reason for the conduct…
Legal Article
25/10/19
Although the current lack of tribunal fees for employment claims can be seen to increase access to justice and potentially act as a positive indicator for individuals wishing to bring claims, the potential for a costs award should a claim be unsuccessful is often a daunting prospect for claimants…
Legal Article
21/10/19
The Supreme Court has taken a purposive approach to the interpretation of domestic employment legislation in order to comply with human rights obligations and ensure that a district judge was protected following a whistleblowing claim. The Public Interest Disclosure Act 1998 and Employment Rights…
Forbes News
17/10/19
As of April 2020, the Government are rolling out the off-payroll tax changes made to the public sector to medium and large sized private companies. In April 2017, the Government replaced the original IR35 legislation with new off-payroll tax affecting the public sector. The change puts the onus on the…
Forbes News
02/10/19
Forbes Solicitors is celebrating after being recommended in 15 Legal 500 categories and ranking as a Top Tier Firm, with 35 lawyers listed as recommended. Forbes' category recommendations are up one from last year, with Contentious Trusts and Probate being ranked for the first time. The…
Legal Article
26/09/19
A redundancy, grievance or disciplinary process can be confusing and stressful for both employers and the individual involved. Employment law provides the employee with the right to accompaniment at related meetings by a trade union representative or work colleague to offer a degree of support. Often…
Legal Article
16/09/19
Legal advice privilege is a lot like gravity, most people know it exists and are glad it exists, but don't really understand it. If legal advice privilege didn't exist then whilst we wouldn't all float away into the atmosphere, it would make taking effective advice for your organisation much…
Forbes News
09/07/19
A common question that is often asked by employers is what can I do if my employee has covertly recorded a meeting. Only a few years ago employees would have to be very motivated to covertly record meetings and it was not uncommon to find employees producing devices James Bond would be envious of,…
Forbes News
05/07/19
The House of Commons Women and Equalities Committee published its report into "The use of non-disclosure agreements in discrimination cases" last month. The Committee launched an inquiry following the concern surrounding non-disclosure agreements ("NDAs") in the wake of the #MeToo…
Forbes News
24/06/19
In the recent case of BIC U.K. Limited v. Burgess [2019] EWCA Civ 806 ("BIC"), the Court of Appeal offered further clarity on the ability to retrospectively amend pension scheme rules. The Court of Appeal overturned the previous High Court decision finding that increases to pensions in payment…
Legal Article
24/05/19
In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE earlier this month, the Grand Chamber of the European Court of Justice ("CJEU") decided that in order to ensure compliance with obligations under European Law, employers must keep records of hours worked by…
Forbes News
08/05/19
Forbes Solicitors has been selected to advise one of the largest housing associations in the North of England after being named as a successful bidder for Together Housing Group's Legal Services Framework. Forbes will advise on legal issues surrounding Housing Management & Litigation,…
Forbes News
01/05/19
Earlier this month, a solicitor at magic circle law firm Allen & Overy was referred to the Solicitors Disciplinary Tribunal by the Solicitors' Regulation Authority ("SRA") over a non-disclosure agreement ("NDA") signed by a former assistant of Harvey Weinstein, the eponymous…
Legal Article
12/04/19
In the latest development on Brexit, it has been agreed that the UK will now leave the EU on 31 October 2019, unless a further extension is agreed! However, there still remains a significant amount of uncertainty over what will happen to EEA citizens who are looking to live and work in the UK in the…
Legal Article
11/04/19
With the pervading sense of uncertainty consuming the arrangements for the UK leaving the EU, it is an unsettling time for both the populace and companies operating within the jurisdiction. One of the many uncertainties is the potential impact Brexit may have on UK employment laws, and consequently…
Legal Article
10/04/19
The Business & Human Rights Resource Centre published the findings of its research into the increase in global gig economy litigation last month in its report titled "The Future of Work: Litigating Labour Relationships in the Gig Economy". The report stresses the need for a rights based…
Legal Article
10/04/19
In North West Anglia NHS Foundation Trust v Gregg the Court of Appeal held that an employer was not obliged to postpone a disciplinary hearing pending the outcome of a police investigation into an employee. Dr Gregg was employed as a consultant anaesthetist by the Trust since September 2003. In…
Legal Article
02/04/19
Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to…
Legal Article
28/03/19
The Employment Appeal Tribunal ("EAT") in Beattie v Condorrat War Memorial and Social Club & Others recently upheld a tribunal decision that a procedural failing in carrying out an investigation and a finding of unfair dismissal did not necessarily lead to compensation. The Claimant…
Legal Article
21/03/19
In iForce Ltd v Wood , the Employment Appeal Tribunal held that an employee's mistaken belief that her condition was under threat by working conditions did not establish unfavourable treatment due to a disability pursuant to s.15 of the Equality Act 2010. An actual rather than a perceived causal…
Legal Article
18/03/19
The Court of Appeal held in Network Rail Infrastructure Ltd v Crawford, that where the normal entitlement to an uninterrupted 20-minute rest break under Reg 12(1) of the Working Time Regulations 1998 ("WTR") is excluded by a 'special case' exemption, the equivalent period of…
Legal Article
18/03/19
The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…
Legal Article
20/02/19
Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012. She was living with her boyfriend whilst working at the nursery, in contravention of the strict religious requirements of ultra-orthodox Judaism. This information came to light at a barbeque…
Forbes News
18/02/19
Leading legal firm Forbes Solicitors has appointed Katy Parkinson as a Solicitor in its Commercial Employment team. Katy, who is based at Oak House, Walton Summit, qualified in 2015, having worked in the legal sector as a paralegal and then as a trainee solicitor since 2009. She advises…
Legal Article
04/02/19
While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free movement…
Forbes News
23/01/19
Leading law firm Forbes Solicitors has expanded its Employment team in to Manchester city centre. The move coincides with Partner Emma Swan being appointed as Head of Commercial Employment and Partner Ruth Rule-Mullen being appointed as Head of Public Sector Employment, to oversee the Team's…
Legal Article
17/01/19
It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…
