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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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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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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