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What is Acceptable Behaviour?

Posted by on January 19th 2018 in Blog Posts, Employment

What is Acceptable Behaviour?

In the light of recent media reports including the entertainment industry and parliament, many employers and their teams are asking the question about what acceptable behaviour is, and how to manage inappropriate behaviour in the workplace.

Every workplace has a culture and one size will never fit all. The most helpful way of tackling the subject and subsequently the behaviours is to involve those working in the organisation. If there is a staff communication or consultative body, or union representation this will be relatively easy. Staff surveys are another way of identifying where problems may arise. Ideally all those in the...

See no evil...

Posted by on January 15th 2018 in Blog Posts, Employment

The decision in the recent case of López Ribalda and others v Spain highlights the conflicting position of data protection laws which protect fundamental rights and the rights of an employer to monitor their employees and customers.

The use of surveillance cameras is common in many work places. Usually they are used for security purposes and to protect the staff and customers within the premises. However a consequence of the use of video surveillance is that employers can catch employees committing acts of misconduct that can lead to disciplinary action.

In this particular case a...

Equal Pay in the Workplace

Posted by on January 12th 2018 in Blog Posts, Employment

Equal Pay in the Workplace

Following the recent resignation of high profile BBC journalist Carrie Gracie, the issues of equal pay and gender pay gaps have once again found themselves in the media spotlight.

Gracie, who was the BBC’s China editor from 2004, posted an open letter at the start of January 2018 in which she accused the BBC of having a “secretive and illegal pay culture” in which there was a “crisis of trust”.

The comments came following the revelation that two thirds of BBC stars earning more than £150,000 were male – something which Ms Gracie has expressed her shock and disappointment with.

The news once...

Cohabitation: Property Ownership Rights Following a Break Up

Posted by on January 8th 2018 in Blog Posts, Family

Cohabitation: Property Ownership Rights Following a Break Up

It is a common myth that couples who live together for a long period of time have the same rights as married couples, this is often referred to as a ‘common law marriage’. In fact the concept of ‘common law marriage’ has no legal validity in the UK, you are either married or you are not. So where do cohabiting couples property rights stand following the breakdown of a relationship?

Unmarried couples have no guaranteed rights to ownership of each other’s property. Where a relationship breaks down and the couple are unmarried the court has to resolve questions of property ownership...

Bereavement Damages - Battle Won for Unmarried Couples

Posted by on January 8th 2018 in Blog Posts, Family

Jakki Smith has won a legal battle against the Government and established better rights for unmarried couples.

Jakki Smith took the Government to court for breaching her human rights and denying her bereavement damages. Jakki had been in a long term relationship with her partner John Bulloch for 16 years. John fell ill whilst on holiday in Turkey after having a benign tumour removed from his foot; a post operative infection had been missed by medical staff.

Under the Fatal Accidents Act 1976 a fixed sum of £12,980 can be claimed in statutory damages if a person dies as a result of...

What Happens When Organisations Ignore Culture?

Posted by on January 3rd 2018 in Blog Posts, Employment

What Happens When Organisations Ignore Culture?

What Happens When Organisations Ignore Culture?

We’ve all heard phrases such as “culture eats strategy for breakfast” and “culture is what happens when you aren’t there”.

Many organisations forget to take the time to identify their culture, or to agree what their culture should look like and feel like for the organisation to be successful. This means a culture grows by accident, and may or may not lead to success. This article helps you to think about what the organisation should focus on to establish a successful culture.

Culture should start at the top, but without time and effort, it grows from the...

Kitsons Employment Law Updates

Posted by on January 2nd 2018 in Employment Newsletters

The Kitsons Employment Law Update is designed to ensure you are up-to-date with the most significant and interesting developments in the world of Employment Law. Our Employment Team highlights relevant developments and cases of interest in a format that is easy to read on a regular basis.

December 2017

We look at topics such as; flexible working hours, mental health in the workplace and more.

Click below to read the full edition.

November 2017

In this month's newsletter, we look at topics covering equal rights, parental bereavement and...

Kitsons Christmas Quiz raises £1,000 for Torbay Charity

Posted by on December 19th 2017 in Kitsons News, Press Releases

Kitsons Christmas Quiz raises £1,000 for Torbay Charity

Leading Devon law firm Kitsons hosted its annual charity quiz night on Wednesday 22nd November, bringing local businesses from across Torbay, Teignbridge and Exeter together for a fun evening. 

The event, which was held at the Riviera International Conference Centre, raised a total of £1,000 for Torquay based charity, Hele’s Angels

The evening was kindly supported by teams representing: Accounting 4 Everything, Acronyms Ltd, Bettesworths, Bishop Fleming, Bradleys, Charles Royal, Croft Surveyors, Darnells, El Nashar Dental Care, Francis Clark,

Various Claimants v Wm Morrisons Supermarkets Plc

Posted by on December 18th 2017 in Blog Posts, Employment

Various Claimants v Wm Morrisons Supermarkets Plc

In the recent case of Various Claimants v Wm Morrisons Supermarkets Plc, the High Court was asked to consider whether it is possible for an employer to be vicariously liable for the actions of an employee who has breached the Data Protection Act 1998.

The case followed personal details of almost 100,000 Morrisons’ employees being published on the internet and sent to three newspapers back in 2014.

The wrongdoer, a senior IT internal auditor who was involved in assisting external auditors by providing payroll data, had some time before been the subject of disciplinary proceedings for an unrelated incident which resulted in...

Holiday Pay Key Case from the European Court of Justice

Posted by on December 6th 2017 in Blog Posts, Employment

Holiday Pay Key Case from the European Court of Justice

King v The Sash Windows Workshop Limited

A recent judgment from the European Court of Justice has highlighted that the right to paid holiday is a significant entitlement for individuals, and that the governing legislation must not be interpreted in a manner which could be considered restrictive. 

Facts

Mr King worked for the Sash Window Workshop Limited (“SWWL”) as a commission only salesman for a period of 13 years.

During the course of this period, he received no salary, and was not remunerated for any holidays or periods of sickness absence. Mr King was believed to be self-employed.

In 2008, SWWL offered Mr King...

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