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Patterson v Castlereagh Borough Council [2015] NICA 47

Posted by on July 30th 2015 in Blog Posts, Employment

The law surrounding the calculation of holiday pay is in a state of evolution. The starting position is that employees are entitled to receive ‘normal remuneration’ during periods of annual leave. However what is considered ‘normal remuneration’? It seems it is a fluid concept at the moment.

Last year the decision in Bear Scotland established that the types of payments that should be considered ‘normal remuneration’ include:

  • Commission payments.
  • Guaranteed and non-guaranteed overtime payments.
  • Standby payments
  • Emergency call-out payments.
  • Bonuses for attendance and performance (excluding bonus’s that are based on service or departmental performance rather than individual, unless taking holiday will negatively affect the bonus payment).
  • Acting-up...

Plumb v Duncan Print Group Ltd

Posted by on July 27th 2015 in Blog Posts, Employment

The Employment Appeal Tribunal's (EAT) decision in Plumb v Duncan Print Group Ltd clarifies that Reg 13 (9) of the Working Time Regulations 1998 SI 1998/1833 must be read as permitting a worker to take annual leave within 18 months of the end of the year in which it accrued where he or she was unable or unwilling to take it because of sickness. The EAT also held that the worker is not required to demonstrate that he or she was physically unable to take annual leave by reason of his or her sickness in order to benefit from...

Michael Gove to Overhaul 'dysfunctional' Legal System

Posted by on July 20th 2015 in Blog Posts, Litigation

Michael Gove’s appointment as Justice Secretary has put the Court system in the spotlight once again.  In his first speech as Lord Chancellor, he set out his plans to bring redress to what he regards as a ‘failing’ justice system which benefits the wealthy who can afford to bring their disputes in London with their gold standard of British justice, whilst the majority are left at the mercy of the waste and ineffeciency of a ‘creaking, outdated system’.  His vision is a ‘One Nation’ justice policy.

One element of ‘inefficiency’ earmarked for major overhaul is the Court estate.  Michael Gove has...

Barclays faces will-writing battle

Posted by on July 16th 2015 in Blog Posts, Private Client

The recent case involving Tinoula Aregbesola and Barclays, as reported in the Law Gazette and the Daily Telegraph, highlights the importance of having an up to date will in place and one that is tailored to meet your particular circumstances.

In the case Tinoula’s father made use of Barclays’ £90 will writing service when he made his Will. In that Will her father left her half of a property worth £800,000. However when her father died the property passed automatically to her father’s wife as the surviving joint owner. Tinoula claims that Barclays failed to sever the...

Summer Budget Highlights for Personal Tax

Posted by on July 14th 2015 in Blog Posts, Private Client

Summer Budget Highlights for Personal Tax:

The Personal tax Allowance will rise to £11,000 for 2016-2017.

The rate before paying tax at 40% will rise to £43,000 for 2016-2017.

Buy to Let Landlords the mortgage interest relief is to be restricted to basic rate with the change to be introduced over 4 years from April 2017.

Finally there is a big shake up of the way the taxation of dividends will be treated.

Currently dividends are treated as having had 10% tax deducted at source.

From April 2016 everyone will receive the first £5000 of dividend income tax free and then above the £5000 you will...

The Miles for Mark, Yorkshire Three Peaks Challenge

Posted by on July 13th 2015 in Blog Posts

We are delighted to report the safe return of the Kitsons Yorkshire Three Peaks Challenge Teams!

The four walking Kitsons Teams and one running team (!) took on the three highest peaks at the Yorkshire Dales National Park. Ascending and decending through rain, mist, low cloud, in light and in darkness and covering 25 miles on uneven terrain.

Successfully taking on the steep climbs and descents of Pen-y-ghent (694m), Whernside (736m) and Ingleborough (723m). These peaks form part of the Pennine range, and encircle the head of the valley of the River Ribble in the Yorkshire Dales National Park.

Everyone contributed to the...

Rowcroft Sleep Walk 2015

Posted by on July 1st 2015 in Blog Posts

Kitsons Solicitors are t-shirt sponsors for this years Rowcroft Sleep Walk, taking place on the 11th of July. Rowcroft Hospice specialise in cancer research, supporting not only cancer sufferers but their families too.

Five staff members; Hilary Conte, Judy Vaughan, Louise Evers, Amanda White and Janice Keightley will be trekking the 10 mile route in aid of the charity.

If you would like to donate, then please visit: https://www.justgiving.com/Kitsons-LLP-Solicitors - any amount will be greatly appreciated.

Summer Budget 2015

Posted by on June 29th 2015 in Blog Posts, Private Client

There is an Emergency (or some are calling it the Summer) Budget announced to take place 8th July 2015.

There is a lot of speculation as to what will be featured in this.

In a previous Emergency Budget held 22nd June 2010 the Capital Gains Tax Rates were changed from midnight the same day.  So make sure that you keep up to date and watch the Budget.

For highlights of personal tax implications after 8th July 2015, please return to the Kitsons website.

If you need any advice on your personal tax matters please contact me by email at emma.thomas@kitsons-solicitors.co.uk or on 01803 202052.

 

Kitsons staff to take on charity challenge in memory of colleague

Posted by on June 24th 2015 in Kitsons News, Press Releases

Staff from leading Devon law firm Kitsons are getting ready to take on the Yorkshire Three Peaks Challenge this July to raise money for charity in honour of their friend and colleague, Mark Batten.

Mark, who was Chief Cashier at Kitsons, passed away suddenly in March 2014. He worked at Kitsons for over 35 years and was a prominent and well liked member of the firm. In 2013 when the firm took on the National Three Peaks Challenge, Mark acted as a volunteer driver from our head office in Torquay to Scotland and back.

On Saturday 11th...

Miles for Mark - Fourth and Final Training Walk: Ivybridge

Posted by on June 23rd 2015 in Blog Posts

A handful of the Kitsons Miles for Mark team took on the last of the training walks on Sunday, in preparation for the Yorkshire Three Peaks next month.

In the blazing sun,  Charlie Siegle, Matt Stanger, Dominic Hollingsworth, Penny Wood, Craig Roberts and Jasmin McCarthy repeated the walk from Ivybridge to Red Lake. They completed the 17.5 mile trek in an extremely impressive time of just 5 and a ½ hours!

This is the last of the monthly training walks in preparation for the big challenge in just 2 weeks time.

The event is all in aid of Diabetes UK and in name of our collegue...