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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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 […]Read more
Court of Appeal on Holiday Pay
14 October 2016
You may feel as though you have received many updates on holiday pay and the case of British Gas v Lock. Whilst the messages coming out of the (UK and European) courts have been consistent – that contractual results-based commission should be included as part of holiday pay – the most recent decision (that of […]Read more
Uber, Hermes and employment status
20 July 2016
This week there have been more news stories about employment status and those working in growing sectors – Uber drivers and Hermes couriers – known as the “gig economy”. In each instance, the company has claimed that the individuals carrying out work under their name are self-employed contractors and those carrying out the work have […]Read more
Breakdown in employment relationship – Unfair dismissal?
15 June 2016
This week judgment was delivered by the Employment Appeal Tribunal (EAT) in another interesting SOSR case i.e. dismissal for Some Other Substantial Reason. The case of Express Medical Limited v O’Donnell UKEAT/0263/15/DA concerned procedural fairness and the applicability of a Polkey deduction. At Employment Tribunal Mr O’Donnell won his unfair dismissal claim and no Polkey […]Read more
Time to refresh some restrictive covenants?
6 April 2016
High Court case on the enforceability of restrictive covenants – dependent on when the restriction was entered in to, the clients that they seek to protect and remuneration offered to the individual for the duration of the restriction: Bartholomews Agri Food v Thornton.Read more
New Rates and Limits from 6 April 2016
15 March 2016
From 6 April 2016 there will be new rates and compensation limits in place for many employment law matters.Read more
Inadvertent breach of WTR?
8 March 2016
Annual leave entitlements for 1 April 2016 to 31 March 17 and statutory minimum.Read more
Holiday pay (again) and EAT decisions
24 February 2016
Legal update on holiday pay, commission and normal remuneration.Read more
£1.22 million for unfair dismissal
5 February 2016
An Employment Tribunal in Birmingham found that University Hospitals Coventry and Warwickshire NHS Trust unfairly dismissed Dr Raj Mattu by reason of his whistleblowing. Dr Mattu secured damages of £1.22 million from the Trust after a six-year legal battle and concerns that went back 15 years. His protected disclosures related to hospital over-crowding and associated […]Read more
Taxation of payments for “injury to feelings”
29 January 2016
Moorthy v Commissioners for HM Revenue and Customs The Tax and Chancery Chamber of the Upper Tribunal (TCC) held a sum paid to an employee under a settlement agreement in respect of injury to feelings was not exempted from income tax under S.406 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA). The Employment […]Read more