Latest Legal Updates from Kervin & Barnes

This morning, Acas Chief Conciliator Peter Harwood said: "Acas conciliation talks have resumed this morning." 

According to Acas, the discussions have been “constructive” and it seems that the parties engaged in the process are committed to resolving the fuel tankers drivers’ dispute. ...

Recently we held a seminar on the planned and proposed changes to employment law and questioned whether this would make employers’ lives any easier. ...

According to The Telegraph a married solicitor who was cleared of sexually harassing a female colleague is suing her for damages.  He claims that her false allegations have ruined his personal and professional reputation. ...

A dispute involving Wayne Rooney and his previous sports agency has given rise to an interesting reminder on the scope (and effect) of the restraint of trade principle.

At the age of 17, Wayne Rooney and his parents entered into an eight-year image rights representation agreement (IRRA) with his agency, Proactive. When his agent (Paul Stretford) was dismissed from Proactive and set-up a new sports agency, the Rooney’s followed him across. ...

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). ...

Were 'Leaders' engaged to conduct Weight Watchers meetings employees of Weight Watchers Ltd for the purposes of PAYE and NI contributions?

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

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 entails changes in the workforce.  When a company acquires the business of another under TUPE ­ e.g. where the transferor has gone in to administration ­ liability for unfair dismissal passes to the transferee/new business owner.

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.

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 this would mean for current employment protections especially given that the proposal is for the ‘protected conversations’ to be kept private and off-the-record, so that they cannot be brought before a Tribunal or Court.