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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Good news for Hedge Fund recruitment

19 April 2013

Bankers’ bonuses To curb speculative risk-taking, the European Parliament has voted to cap bankers’ bonuses.The basic salary-to-bonus ratio will be 1:1. This could be raised to a maximum of 1:2, if approved by at least 66% of shareholders owning half the shares represented, or of 75% of votes if there is no quorum. To encourage […]

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Apprentice star loses constructive dismissal claim

16 April 2013

In a judgment released last week, former Apprentice winner Stella English lost her constructive dismissal claim against Lord Sugar’s group holding company. Ms English won the 2010 series of The Apprentice (filmed in 2009 and held back from airing on the BBC until after the 2010 general election). In proceedings at the East London Employment […]

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Dates for April 2013

31 March 2013

Reduction in the minimum consultation period The minimum consultation period falls from 90 to 45 days where an employer proposes 100 or more redundancies at one establishment within 90 days. Amendment of the consultation rules so as to exclude the expiry of fixed-term contracts from the calculation of the number of redundancies taking place. Changes […]

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Summary of important changes to employment law and other hot employment topics

31 January 2013

‘Ending the Employment Relationship’ consultation The Government intends to introduce a 12 months’ pay cap on the compensatory award for unfair dismissal; moving away from the current cap of £72,300. This cap is designed to reach a better balance between ensuring that Claimants are fairly compensated and giving the parties more realistic expectations. To encourage […]

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Legal changes to likely affect workplace equality

14 December 2012

A number of recent proposals and legal changes are likely to affect workplace equality over the next few years. These relate to equal pay, leave for parents, the representation of women on corporate boards and changes to civil partnership. 1.   The recent Supreme Court decision in the case of Birmingham City Council v Abdulla and others […]

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Holiday pay should be based on “normal remuneration”

5 November 2012

The recent case of British Airways plc v Williams & Ors [2012] UKSC 43 has highlighted that an individual’s holiday pay should be based on their “normal remuneration”. Holiday pay should therefore include any supplements to basic salary that are intrinsically linked to the “performance of the tasks which the worker is required to carry […]

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Employment rights for sale?

9 October 2012

On 8 October 2012, the Chancellor, George Osborne, announced plans for a new kind of employment contract called an “owner-employee”. Under the new type of contract, employees will be given between £2,000 and £50,000 of shares in the business they work for and those shares would be exempt from capital gains tax. In exchange, they […]

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Enforceability of Restrictive Covenants – as at inception

4 October 2012

The recent case of Patsystems v Neilly [2012] EWHC 2609 (QB) confirmed that the enforceability of restrictive covenants should be assessed as at the date they were entered in to. Furthermore, if the restrictions were void from the start then they cannot simply be resuscitated by a general endorsement of updated terms and conditions. Here […]

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ACAS guide to Redundancy & Pregnancy/Maternity

17 August 2012

In partnership with the Equality & Human Rights Commission, ACAS (the government-funded employment conciliation service) has produced a guide to “Managing Redundancy for pregnant employees or those on maternity leave”. This guide deals with questions such as: How should I treat pregnant employees or those on maternity leave when considering redundancies? How much priority do […]

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More on Holiday Pay & Long-term Sickness Absence

2 August 2012

NHS Leeds v Larner There has been a further judgment on the relationship between holiday/holiday pay and long-term absence from work. The Court of Appeal case of NHS Leeds v Larner [2012] EWCA Civ 1034 has made it clear that a worker who has not taken paid annual leave during a given leave year because […]

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