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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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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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 […]

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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 […]

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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 […]

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