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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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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Case Update: Weight Watchers (UK) Ltd v HMRC

7 February 2012

Were ‘Leaders’ engaged to conduct Weight Watchers meetings employees of Weight Watchers Ltd for the purposes of PAYE and NI contributions? Yes, says the Upper Tribunal (Tax and Chancery Chamber) in the case of Weight Watchers (UK) Ltd v HMRC. In this case, Leaders engaged by WWUK signed contracts describing themselves as independent contractors and […]

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ACAS Issues Guidance for the Olympics

26 January 2012

ACAS has produced useful guidance on certain HR issues flowing from the Olympics this summer. The guidance can be found here.

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TUPE & Unfair Dismissal of Chief Exec fired by administrator pre-transfer to make business sale more attractive

4 January 2012

Spaceright Europe Limited v (1) Mr Baillavoine (2) Sec. of State for Business, Innovation & Skills Where a dismissal is for a reason connected with a Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) transfer it will be automatically unfair unless it can be shown to be for an Economic, Technical or Organisational (“ETO”) reason that […]

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