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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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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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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