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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13 years’ Holiday Pay

29 November 2017

Today the CJEU (ECJ) gave judgment in the case of King v The Sash Window Workshop Ltd and another C‑214/16. Mr King worked for SWW from 1999 to 2012 under the capacity of a “self-employed commission-only contract”. He received commission only and any annual leave he opted to take was unpaid. After his retirement he […]

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Disciplinary linked to Without Prejudice/Protected Conversation

22 November 2017

An employee’s conduct during a Without Prejudice discussion or ‘protected conversation’ (section 111A of the Employment Rights Act 1996) cannot become the subject of a disciplinary matter without waiver of the Without Prejudice privilege. This matter arose in the Employment Appeal Tribunal (EAT) case of Graham v Agilitas IT Solutions Limited [2017] UKEAT/0212/17. Here, the […]

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Mental Health and Employers

27 October 2017

Yesterday the government published a report on Mental Health and Employers following a review that commenced in January. By way of background, it sets out that 15% of those at work have symptoms of an existing mental health condition. The estimated annual cost to employers is between £33 billion and £42 billion; over half of […]

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Suspension as breach of trust and confidence

11 October 2017

Although a High Court decision, Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB) is a salutary lesson for those employers relying on the “neutral act” justification for suspension. Whilst not new law, the case is helpful as a reminder to employers that the mere right to suspend is only the first step in […]

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Assessing and addressing disadvantage for Part-time Workers

6 October 2017

The recent case of British Airways v Pinaud reminds us that part-time workers are entitled to proportionately the same as full-time workers and that statistical evidence will be relevant to the consideration. At Employment Tribunal level it was found that British Airways had treated Ms Pinaud – a part-time worker – less favourably than full-time […]

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Employment Tribunal and EAT fees are unlawful

9 August 2017

On 26 July 2017 the Supreme Court handed down a judgment specifying that Employment Tribunal and Employment Appeal Tribunal fees were unlawful. HM Courts and Tribunals Service subsequently announced that the fees previously payable upon issuing a claim and prior to a full hearing would no longer be levied. The Supreme Court determined that the […]

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National Minimum Wage investigations

28 February 2017

In recent news it was revealed that another household-name company had breached the National Minimum Wage Act 1998. Argos was fined £1.5 million and ordered to pay back-pay of £2.4 million to current and former staff. This is not the first time a large employer has been “named and shamed”. Debenhams, Monsoon Accessorize and Brighton […]

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Sexist dress codes?

25 January 2017

Sexist dress codes and the Equality Act 2010

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Gross misconduct from gross negligence

Case summary of Adesokan v Sainsbury’s Supermarkets Limited. This case concerned gross misconduct stemming from gross negligence by a senior employee.

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Employment status and the gig economy

17 January 2017

In the first of four soon to be heard employment cases against courier companies (according to the BBC: Addison Lee, Excel and E-Courier), an Employment Tribunal has decided that a cycle courier working for City Sprint was a worker under section 230(3)(b) of the Employment Rights Act 1996, and not a self-employed contractor. The courier […]

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