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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Changing the Rules in the Employment Tribunal system

17 July 2012

The Rules relating to Employment Tribunal procedures are to change. Whilst, on the face of it, that may sound like something only of interest to employment lawyers the proposed changes could improve the system for all of those having to use it. Following a review, a report was published last week with an accompanying set […]

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Employment Tribunal Fees from summer 2013

On Friday the Ministry of Justice published specifics on the Government’s plan to introduce fees in the Employment Tribunal system. The MoJ indicated that the fees would be brought in from summer 2013 onwards. In its most recent statement, the MoJ outlined its aims as: passing the costs of the Tribunals Service back to the […]

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Absence Management during the Olympic/Paralympic Games

5 July 2012

How Employers can prepare for the Olympic/Paralympic Games, London 2012: reducing the disruption Absence management may become a regular issue during the Olympic/Paralympic Games, London 2012. For enjoying the Games, here are some of the main issues and our tips. The Games start on 27 July and if they haven’t already done so, employers need […]

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Verbal statements can be binding to vary contracts of employment

15 June 2012

Attrill & Ors v Dresdner Kleinwort Ltd [2012] EWHC 1189 QB Although the facts of this case arose in the financial services sector, it is of interest wherever discretionary bonusor other types of incentive schemes are used. After a bonus announcement concerning the creation of a guaranteed minimum bonus pool of EUR 400m for employees of […]

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Annual leave and sickness absence re-visited

23 May 2012

Georg Neidel v Stadt Frankfurt am Main CJEC Case C-337/10 The Court of Justice of the European Communities (CJEC) has given judgment in a case referred by the German courts concerning the payment in lieu of annual leave over and above the minimum amount specified in the European Working Time Directive ­ four weeks. This […]

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Tanker drivers resume talks to avoid strikes

10 April 2012

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. The dispute over terms and conditions and health and safety has been brewing […]

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Government’s proposed changes to employment law

2 March 2012

Recently we held a seminar on the planned and proposed changes to employment law and questioned whether this would make employers’ lives any easier. Whilst the aim the government has put forward is to simplify employment-related matters for employers, arguably many of the measures are likely to have the opposite effect. For example, the plan […]

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Libel case following “false” allegations of sexual harassment

27 February 2012

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. It is reported that Mr Loughran, 50, a litigation solicitor with Anglian Water, accused Ms Edge, 29, of maliciously making untrue statements intended […]

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Rooney and restraint of trade

20 February 2012

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 […]

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Time to review your company’s business protection provisions?

15 February 2012

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). Mrs Justice Cox has held that to prove “solicitation” in restrictive covenant litigation, the burden is on the employer to adduce evidence […]

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