Latest Legal Updates from Kervin & Barnes

At Kervin & Barnes, we believe in being up-to-date with the latest in employment law and regularly send out employment law update newsletters.

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Unfair Dismissal: Some Other Substantial Reason – Part three

15 October 2014

In the final part of our series on SOSR dismissals, we look at the procedure necessary to effect a fair dismissal. In 2010 the Employment Tribunal (ET) in Cummings v Siemens Communications Ltd dealt with whether the ACAS Code should be applied to SOSR dismissals.  The ET found that even though SOSR dismissals are not expressly covered […]

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Unfair Dimissal: Some Other Substantial Reason – Part Two

8 October 2014

In part 2 of a 3 part series on SOSR dismissals, we look at some examples of situations held to be SOSR. Breakdown in relations The case of Ezsias v North Glamorgan NHS Trust established that a breakdown in relations can be classified as SOSR.  In this case Mr Ezsias was dismissed due to a breakdown in […]

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Unfair Dismissal: Some Other Substantial Reason – Part One

2 October 2014

In a 3-part series we will be looking at recent developments in SOSR dismissals and how employers can benefit from this fast developing area of law. When establishing that an employee has been dismissed fairly, an employer must first show that the reason for the dismissal falls within one of five potentially fair reasons: Capability/qualifications […]

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Virgin’s Unlimited Annual Leave

25 September 2014

The Guardian has reported that Richard Branson intends to implement an annual leave buffet of sorts for staff managing his personal fortune.  The ‘policy’, or rather lack of, will mean that 170 of his UK and US personal staff can take holidays when they like and for as long as they like. Branson said he […]

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Stress, Anxiety & Depression

9 September 2014

Professor Dame Sally Davies, the chief medical officer, has said the number of working days lost due to stress, depression and anxiety has increased by 24 per cent since 2009, while the number lost due to serious mental illness has doubled.  In her report, she said around 70 million working days were lost to mental […]

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Equal Pay

11 August 2014

The Independent has reported that the pay gap between the sexes began to widen again in 2013, reversing years of progress. The figures, based on an analysis by the House of Commons Library, show that in 1997 the pay gap between men and women was 27.5 per cent. Over the intervening years it has narrowed […]

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Health and Work Service – Spring 2015

4 August 2014

Since 6 April 2014, Statutory Sick Pay paid to employees has not been recoverable by businesses. Recently the government told us that it plans to use the money saved to fund the Health and Work Service (HWS) which will commence in spring 2015 after a trial later this year. The aim is for the HWS […]

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Holiday Pay

6 June 2014

In Lock v British Gas Trading Ltd, the Court of Justice of the European Union (CJEU) has held that, where a worker’s remuneration includes contractual commission, determined with reference to sales achieved, the Working Time Directive precludes statutory holiday pay based on basic salary alone. If commission payments are not taken into account, the worker […]

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TUPE Reform – January 2014

7 November 2013

The government has proposed certain amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006. Whilst these changes are not quite as wide-reaching as originally anticipated, they are nevertheless quite substantial.

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Zero-hours Contracts

20 September 2013

A zero-hours contract is a contract of employment which creates an ‘on call’ arrangement between employer and employee.

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