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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Time to review your company’s business protection provisions?

15 February 2012

Mrs Justice Cox, in Towry EJ Limited v Barry Bennett and others, has provided a useful reminder of the value of “non-dealing” covenants over “non-solicitation” covenants (or indeed the two working in tandem). Mrs Justice Cox has held that to prove “solicitation” in restrictive covenant litigation, the burden is on the employer to adduce evidence […]

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Case Update: Weight Watchers (UK) Ltd v HMRC

7 February 2012

Were ‘Leaders’ engaged to conduct Weight Watchers meetings employees of Weight Watchers Ltd for the purposes of PAYE and NI contributions? Yes, says the Upper Tribunal (Tax and Chancery Chamber) in the case of Weight Watchers (UK) Ltd v HMRC. In this case, Leaders engaged by WWUK signed contracts describing themselves as independent contractors and […]

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ACAS Issues Guidance for the Olympics

26 January 2012

ACAS has produced useful guidance on certain HR issues flowing from the Olympics this summer. The guidance can be found here.

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TUPE & Unfair Dismissal of Chief Exec fired by administrator pre-transfer to make business sale more attractive

4 January 2012

Spaceright Europe Limited v (1) Mr Baillavoine (2) Sec. of State for Business, Innovation & Skills Where a dismissal is for a reason connected with a Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) transfer it will be automatically unfair unless it can be shown to be for an Economic, Technical or Organisational (“ETO”) reason that […]

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Plans for widespread major reforms to employment law

30 November 2011

In the last week the government has announced a huge number of changes and potential changes to employment law.  These plans come in addition to other major proposals recently announced by the coalition government (see below). The changes put forward for further consideration and/or consultation are as follows: Compulsory pre-claim conciliation. Re-naming compromise agreements as […]

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Government proposal for ‘protected conversations’ in employment

28 November 2011

The Government has put forward a proposal for employers to be able to hold ‘protected conversations’ with employees and vice versa. In the words of David Cameron the impetus for this is so that “ a boss and an employee feel able to sit down together and have a frank conversation ”. However, we should query what […]

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Employee on sick leave must request holiday to be paid for it

8 November 2011

Fraser v Southwest London St George’s Mental Health Trust 2011 The Employment Appeal Tribunal (EAT) has held that an employee on long-term sick leave must give notice of their intention to take statutory sick leave during the leave year in question in order to be paid for holiday pay. F, a nurse, injured her knee […]

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Inconsistent disciplinary sanctions were justified.

4 November 2011

General Mills (Berwick) Limited v Glowacki In this case, the Employment Appeal Tribunal (EAT) have opened up the possibilities for employers to justify disparate responses to disciplinary offences. Mr Glowacki, an electrician, was summarily dismissed for gross breach of health and safety procedures after attempting to repair machinery (a “palletiser”) by disabling certain of its […]

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Cameron: “far, far, better pensions than people in the private sector”

3 November 2011

Revised government proposals for the reform of public sector pensions would, according to David Cameron, continue to provide ‘far, far, better pensions than people in the private sector’.  The revised proposals provide: protection for any accrued benefits; an increase in the “cost ceiling” by 8% on the previous offer. This means that the accrual rate […]

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Re-engagement and Alternative Vacancies

21 October 2011

Does a finding that a dismissal was genuinely on grounds of redundancy remove the need to explain the remedies of reinstatement or re-engagement? No, says the EAT in the case of King v Royal Bank of Canada. Ms King was dismissed by reason of redundancy. The tribunal found that the dismissal was automatically unfair because there […]

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