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Archive for January, 2017

Kitsons Announce Sponsorship Renewal

Posted by on January 27th 2017 in Blog Posts, Kitsons News

We're delighted to announce our sponsorship renewal with the fantastic Rowcroft Hospice Sleep Walk event, taking place on the 8th July.

The evening will see over 2000 ladies walk in aid of Rowcroft across Torbay, who are an incredible charity helping those with life limiting illnesses, to receive comfort and care. Not do they focus on the individual, but also the family and friends around them.

Many of us would have come into contact with Rowcroft in some way and I am sure you’d all agree of their excellent service, in making a loved one calm and cared...

Sexist Workplace Dress Codes under Criticism by MPs

Posted by on January 26th 2017 in Blog Posts, Employment

Sexist Workplace Dress Codes under Criticism by MPs

London Receptionist, Nicola Thorp, brought a parliamentary petition which gained over 150,000 signatures when she was sent home without pay from her job at Price Waterhouse Coopers for refusing to wear high heels.  She was employed through Portico (an employment agency), which set out some stringent work wear guidelines, including those relating to thickness of hosiery and the shade of nail polish.

Following widespread public outcry, an inquiry was launched by the parliamentary committees for Petitions and for Women and Equalities. The inquiry produced a report entitled High Heels and Workplace Dress Codes (the ‘Report’).

The Report considers the work wear guidelines...

What happens when there is no space on the bus?

Posted by on January 24th 2017 in Blog Posts, Litigation

What happens when there is no space on the bus?

FirstGroup Plc v Paulley [2017]

Almost five years since he was first prevented from boarding a bus, because the wheelchair space was occupied by a non wheelchair user, Mr Paulley has successfully, only to a limited extent, won his appeal at the UK Supreme Court. Mr Paulley’s original claim was based on his opinion that FirstGroup had failed to make reasonable adjustments to its policies and they were in fact contrary to the Equality Act 2010. The policy in place required the driver to request that a non-wheelchair user gives up the space for a wheelchair user but,...

Dismissal fair despite being decided by reference to a history of expired warnings and future expectations (EAT)

Posted by on January 20th 2017 in Blog Posts, Employment

Dismissal fair despite being decided by reference to a history of expired warnings and future expectations (EAT)

It has been a generally accepted principle that once a warning for misconduct has expired, the employee’s slate should be wiped clean, and it would be unfair for an employer to take expired warnings into account when deciding to dismiss the employee.

However, in the recent case of Stratford v Auto Trail VR Ltd the Employment Appeal Tribunal, upholding the earlier decision of the Employment Tribunal, deemed it fair that the employer took into account prior expired warnings in deciding whether to dismiss the employee for misconduct. In this case the employee had 18 prior cases of misconduct, and although the...

Employers to Prove Compliance with Employment Law

Posted by on January 13th 2017 in Blog Posts, Employment

Employers to Prove Compliance with Employment Law

New proposals made by The Law Society in their response to the Business, Energy and Industrial Strategy Committees’ enquiry into the future work and the rights of workers, call for responsibility to be shifted from employees having to argue for their employment rights onto employers to prove compliance with employment law.

The current framework places the onus on the worker to challenge employers, rather than the employer having to document that they are complying with legislation as a matter of course. 

The proposal sets out that for larger employers, this could be implemented in the same manner as workplace heath and...

Kitsons Now Members of The National Mental Capacity Forum (NMCF)

Posted by on January 12th 2017 in Blog Posts, Private Client

Kitsons Now Members of The National Mental Capacity Forum (NMCF)

Marjorie Creek, a Solicitor in our Private Client Department, has been accepted as an associate member of The National Mental Capacity Forum (NMCF), which is a joint new Ministry of Justice and Department of Health initiative.

The Mental Capacity Act (MCA) was introduced in 2005 to help give power to people with impaired capacity, to make as many decisions as possible and to make certain, that if others make decisions on their behalf, that they do so, in their best interests.

However, it has since become clear that stakeholders from health and social care, together with those from other...