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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Equal Pay – Update

23 January 2015

Equal Pay Update – January 2015 Bonus season is approaching and some employees will inevitably get paid more than others.  Sometimes there is a good reason, but what about if the reason is gender? The Law Since 1970, men and women have been entitled to equal pay for equal work (that is: like work, work […]

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Employment Appeal Tribunal Judgment – Holiday Pay

6 November 2014

The recent Employment Appeal Tribunal (EAT) judgment delivered on Tuesday, 4 November 2014, in relation to holiday pay has been much reported and its ramifications greatly speculated.  A significant concern for a number of businesses, and specifically firms in the city, is that the judgment will apply to bonuses and commission payments which will see […]

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Unfair Dismissal: Sharon Shoesmith & Haringey Council

29 October 2014

A recent documentary on Haringey Council and the Baby P scandal which included reports on Sharon Shoesmith’s drawn out legal claim, was recently aired on BBC 1. Much of the reporting around the case has been inaccurate and has confused her claims. We have set out below a summary of her claims and the reported […]

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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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