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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C Of A – A Uniform Policy Banning A Visible Cross Was Not Indirect Religious Discrimination

19 February 2010

In Eweida v British Airways plc, the Court of Appeal ruled that an employee was not indirectly discriminated on the ground of her religion or belief where BA insisted that the cross on her necklace be concealed. The Court confirmed that it is necessary to show evidence of disadvantage to a group, not just the […]

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Genuine Belief In Climate Change As A Philosophical Belief Under Religion Or Belief Regs

16 February 2010

In Grainger plc and others v Nicholson, the EAT upheld a decision that a belief in man-made climate change and a moral duty to reduce or avoid it was capable of being a “philosophical belief” under the Employment Equality (Religion or Belief) Regulations 2003. The EAT gave guidance on the types of belief covered, which […]

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No Constructive Dismissal Where An Employee Is Already In Breach

The EAT (Lady Smith) has handed down its decision in Aberdeen City Council v McNeill, which is authority for the proposition that if an employee is in breach of the implied duty of trust and confidence at the time of resignation, he/she is not entitled to terminate the contract on the basis that the employer has […]

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Right To Legal Representation At Disciplinary Hearing

Whilst a teaching assistant at X school, G faced an allegation that he had had sexual contact with a 15 year-old boy. Following a disciplinary hearing he was dismissed and his dismissal reported to the Independent Safeguarding Authority (ISA). The ISA were to determine whether he should be placed on a ‘barred’ list of those […]

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Exercise Of Contractual Variation Clause

Bateman & Others v Asda Stores Ltd EAT – 11/02/2010 EAT held that where a term in a Staff Handbook permitting unilateral amendments to pay and other conditions is incorporated into an employees’ contract, the employer can change provisions relating to pay, bonus, hours etc without express consent – provided that the change is effected in […]

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Annual Compensation Limit Falls

17 December 2009

Tribunal Compensation. The recent annual review of compensation limits has led to an unprecedented reduction to the maximum (“capped”) compensatory award. From 1st February 2010 onwards, the capped compensatory award is reduced to £65,300 from £66,200. A week’s pay remains the same at £380.

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New Draft Regulations On “No Win/No Fee” Published

The Ministry of Justice have published draft regulations on regulating damages-based agreements (e.g. “no-win, no-fee” / contingency fee agreements) dealing specifically with employment tribunal cases in England and Wales. The draft regulations deal with: – The provision of information to clients including costs and expenses payable and the reason for the fee level; – A cap […]

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