News

Welcome to our news page. Here you will find out what we’re up to and what we think about recent events and future possibilities.

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Holiday pay – the latest
How should holiday pay be calculated? What is the relevant liability period? These are two questions that have been troubling many employers.
Instruction to remove employee(s) from an ‘organised group’ is not enough to prevent them transferring under TUPE
In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care and another, the EAT reinforced a strict application of TUPE, ruling that, despite a contractual breach on the part of a transferor to remove an employee from a contract which was to be transferred, the employee in question remained subject to TUPE.
Devonshires Solicitors chase the sun to raise £1,400 for Action for Kids
A team of Devonshires solicitors, together with a few of our friends “chased the sun” this weekend, cycling 200 miles in 14 hours to complete a Coast to Coast challenge. Setting off at 4.39am the team cycled from Sheerness to Burnham on Sea in a single day.
Discriminatory dismissal of nursery assistant on grounds of religion
In Mbuyi v Newpark Childcare (Shepherds Bush) Ltd the Watford Employment Tribunal held that a Christian nursery assistant who was dismissed for expressing her belief that homosexuality is a sin was discrimination on grounds of religion.
TUPE and Sub-Contracts
The EAT confirmed last week in Jinks v London Borough of Havering UKEAT/0157/14/MC that TUPE can apply to a transferor and a sub-contractor, protecting the employment of employees under a sub-contract if there is a service provision change.
Unfair dismissal for driving while using a mobile phone
Recently employment tribunals have been asked to consider the fairness of dismissals relating to driving whilst using a hand-held phone.
Prohibition of Exclusivity Clauses in Zero Hour Contracts
Employers should review their current zero-hours contracts in light of recent changes. In March 2015, the Coalition Government published its response to the consultation on the exclusivity ban in zero-hour contracts. Section 153 Small Business, Enterprise and Employment Act 2015 inserts s.27A and s.27B into the Employment Rights Act 1996, which came into force on
Guidance on vacant building credit updated
We recently reported on the introduction of the vacant building credit (VBC) to incentivise brownfield development on sites containing vacant buildings.
ECJ Clarification on ‘establishment’ for the purpose of collective redundancy consultation
The European Court of Justice (ECJ) held that ‘establishment’ refers to an individual workplace, as opposed to an aggregated total of workplaces.   This will be both a welcome clarification and relief for larger employers. Their obligations under the Collective Redundancies Directive 98/59 and s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)
Devonshires advise on new £40m private placement for Estuary Housing Association
Devonshires are delighted to announce that they have advised Estuary Housing Association on a new £40m private placement with M&G Investments, which will enable Estuary to build 400 new homes by 2018.
Devonshires act on major housing acquisition
Devonshires acted for Muir Group Housing Association in connection with its acquisition of O.P. Building Maintenance Services Ltd, a repairs and maintenance company that has worked with Muir for several years.