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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. 


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...

Are We Doing Ourselves Any Favours With Our Use Of Mobile Technology?

Posted by on December 1st 2017 in Blog Posts, Employment

In a recent article following a research report in the Journal of Management Reviews questions were asked about the use of mobile technology preventing psychological detachment from work. This article was co-written by Professor Ilke Inceoglu, from the University of Exeter Business School.

Psychological detachment from work during leisure time refers to a state in which people mentally disconnect from work and do not think about job-related issues when they are away from their job. Empirical research has shown that employees who experience more detachment from work during off-hours are more satisfied with their lives and experience fewer symptoms of psychological...

Social Media At Work: We Are Still Talking About It!

Posted by on November 30th 2017 in Blog Posts, Employment

Social Media At Work: We Are Still Talking About It!

Whilst reading a recent article on the BBC website, it struck me that there is still confusion for employers and employees.

The individual explains the difficult time she has had since an incident in 2015 when she lost her job due to a post on facebook. It happens that in August 2017 she won her unfair dismissal case. The details of the case are significant in part as it reflects the conversation we frequently have with clients.

We presented last week to a small group of clients, discussing social media and associated policies in the workplace. The article I read today...

The Autumn Budget - Companies with long standing assets to face higher corporation tax

Posted by on November 27th 2017 in Blog Posts, Private Client

The Autumn budget saw both positive and negative implications for companies this year. Whilst corporation tax remained at 19% with the continued promise of this being reduced to 17% by 2020, changes were announced to the way in which chargeable gains are to be calculated, meaning from January 2018, companies, particularly those with long standing assets, will see a greater corporation tax falling due following an asset sale.

The current position is that any company looking to calculate their chargeable gain following the sale of an asset can allow for the effect of inflation by taking into account HMRC’s “indexation allowance”....

Could times be changing for "Outsourced Employees"

Posted by on November 22nd 2017 in Blog Posts, Employment

A recent report has confirmed that 75 individuals, with roles such as receptionists and porters, will be going to Tribunal in an attempt to gain more rights at work.

The individuals (who are considered ‘outsourced employees’) are supplied to the University of London by external facilities company, Cordant. However, whilst their roles and responsibilities are similar to those directly employed by the University, the outsourced employees do not receive the same benefits as these individuals.

As a result of the nature of the tripartite working relationship between the University, the facilities company and the staff, the University has so far rejected claims...

FCA Find That BrightHouse Have Not Acted as a Reasonable Lender

Posted by on November 20th 2017 in Blog Posts

BrightHouse enable customers to purchase household items and pay for them on a weekly basis.   Many customers were charged a high interest rate and an example has been given of a £358 washing machine ended up costing over £1,000.

The Financial Conduct Authority has ordered BrightHouse to credit over 249,000 customers at a cost of 14.8m due to its findings that BrightHouse had not been a responsible lender.

The Financial Conduct Authority found that BrightHouse had failed to assess 81,000 customers on whether they had the ability to repay their loan. As a result many...

Rise in Voluntary Living Wage Rate

Posted by on November 8th 2017 in Blog Posts, Employment

Rise in Voluntary Living Wage Rate

It has been announced that Voluntary Living Wage (VLW) is set to rise by 30p per hour across the UK to a rate of £8.75 per hour. Within London, it is set to rise further by 45p, taking the rate of pay to over £10.00 for the first time, at £10.20 per hour. This represents a 3.6% and 4.6% rise respectively.

This will be a positive change for some 150,000 workers who are employed by the 3,500 firms who have signed up to the VLW Scheme. Employers who have signed up include large companies such as Heathrow Airport, IKEA, Google and...

Failure to Conduct Breastfeeding Risk Assessment Constitutes Employee Sex Discrimination, CJEU decides

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

Failure to Conduct Breastfeeding Risk Assessment Constitutes Employee Sex Discrimination, CJEU decides

In Ramos v Servicio Galego de Saúde the Court of Justice of the European Union (CJEU) held that a failure by an employer to conduct an appropriate risk assessment for a breastfeeding female worker constituted direct discrimination.

The case involved an A&E nurse, who went to her employer with concerns that her working conditions (ie. long hours, stress, exposure to ionising radiation etc.) were having an affect on her ability to breastfeed her child. The employee then requested a change to her working patterns to accommodate breastfeeding her child and for preventative measures to be put in place, this was rejected on the...

Kitsons Demonstrates Continued Success In New Legal 500 Rankings

Posted by on October 31st 2017 in Press Releases

Kitsons Demonstrates Continued Success In New Legal 500 Rankings

Leading Devon law firm Kitsons has been recognised in the latest edition of the Legal 500 – the prestigious guide to the UK legal profession. The Legal 500 is an independent legal guide, recommending and ranking law firms and lawyers based on positive client and external feedback.

Kitsons has been ranked in six practice areas in the South West section of the 2017 guide; Employment, Private Client, Corporate and Commercial, Dispute Resolution, Family and Real Estate.   

The number of Recommended Lawyers has increased to 16, with one Partner, David Turner, listed as a ‘Leading Individual’ in this year’s publication....

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Posted by on October 31st 2017 in Blog Posts, Employment

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Last week saw the release of the report “Thriving at work”,  The Stevenson / Farmer review of mental health in the workplace. It came out with a great fanfare having been commissioned by the Prime Minister in January 2017.

The report’s authors have a vision that they believe is realistic within a 10 year time frame to ensure that employers create the right environment for employees with mental health who require support.

It is interesting that even in writing an article I am struggling to find the right terminology, and that is one of the areas we need to address as...