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Archive for May, 2018

Dismissal of teacher for showing an 18 rated film to 15 and 16 year old students was discriminatory

Posted by on May 31st 2018 in Blog Posts, Employment

Dismissal of teacher for showing an 18 rated film to 15 and 16 year old students was discriminatory

The Court of Appeal has held that a school was in breach of the Equality Act 2010 for dismissing a teacher who showed an inappropriate film (Halloween) to students as they believed that the error of judgment was unconnected to his disability. The teacher had cystic fibrosis, which did not affect his abilities as a teacher, but did require a significant exercise regime to help manage the condition. This was very time consuming for the teacher and meant he was less able to adapt to unforeseen increases in workload compared to others without the condition.

The case concerned a claim of...

GDPR Package

Posted by on May 30th 2018 in Employment

On 25 May 2018 the EU General Data Protection Regulation (GDPR) replaced the Data Protection Directive 95/46/EC. The aim is to harmonise data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organisations across the region approach data privacy. From 25 May 2018 those organisations in non-compliance may face heavy fines. 

In order to assist organisations comply with GDPR we have produced a suite of policies along with guidance for employers and a training video which can be used to inform employees of how GDPR impacts them.

The policies, documents and video are available as a package or individually...

CASE UPDATE: Summary Dismissal Can Be Fair Without a Single Act of Gross Misconduct

Posted by on May 30th 2018 in Employment

Mr Mbubaegbu v Homerton University Hospital NHS Foundation Trust

The Facts

The Claimant, of black African origin, was a consultant surgeon at the Respondent hospital. He was dismissed for multiple breaches of the new internal reporting procedures introduced by the hospital.

The Claimant had worked at the hospital for 15 years, and had not been subject to any disciplinary proceedings prior to those which led to his dismissal for gross misconduct on 22 February 2016. None of the 22 allegations in themselves amounted to gross misconduct.

Several employees in the Claimant’s department faced similar disciplinary proceedings, but the Claimant was the only one...

Dress Codes

Posted by on May 29th 2018 in Blog Posts, Employment

A number of recent high profile cases has resulted in the issue of workplace dress codes being addressed by the Government.

The Government Equalities Office has published new non-statutory guidance for employers, who set dress codes, and employees and job applicants, who may have to abide by them: Dress Codes

The guidance is summarised as follows:

  • A workplace dress code is a set of standards that employers develop about what is appropriate for employees to wear to work.

  • Dress codes can be a legitimate part of an employer’s terms and conditions of employment.

  • Dress policies for men and women...

Protecting your business – Shareholder Agreements

Posted by on May 25th 2018 in Blog Posts, Corporate, Employment

Protecting your business – Shareholder Agreements

What is a Shareholders Agreement?

A Shareholders Agreement is an agreement entered into between the Shareholders in a Company.

The Shareholders Agreement regulates how the Company is run, the relationship between the Shareholders and how the shares are to be held and protected.  Its purpose is to protect the Shareholder’s investment in the Company and establish a fair relationship between the Shareholders.

An agreement can provide for many eventualities and will contain specific important practical rules relating to the Company and the relationship between the Shareholders.

Why have a Shareholders Agreement?

When setting up a Company,...

Practitioner's Insights: The Dismissal Letter

Posted by on May 24th 2018 in Employment

Practitioner's Insights: The Dismissal Letter

Given the significant increase in litigation since the abolition of Tribunal Fees, we share our Practitioner’s insights on how to avoid or manage Tribunal litigation.  This month, we discuss the importance of a well drafted dismissal letter.

During my very first few weeks in the job, a wise man (Read: Rhodri) told me to “make your letter the only one the Tribunal Judge needs to read”.  As much as it pains me to admit this, he is right.  We see all too often a client who has shied away from giving the warts and all account in a dismissal letter to...

GDPR: Eight things you need to do

Posted by on May 24th 2018 in Blog Posts

GDPR: Eight things you need to do
  1. Consider processing personal data in a way so that you can’t tell from looking at it which person it relates to. You would need additional information (a key or code) kept separately (and securely) to decode it. (Known as ‘pseudonymisation’.)
     
  2. Think about whether some data can be anonymised. Do you really need to be able to identify the employee to use the data? For example, if you are processing information for research or statistics then you could probably anonymise it. We see this a lot in the public sector when data is collated for the purposes of equal opportunities.
     
  3. Use...

Kitsons Announce New Joint Managing Partners

Posted by on May 1st 2018 in Kitsons News, Press Releases

Devon law firm Kitsons has appointed Nicholas Johnson and Rhodri Davey as its new Joint Managing Partners succeeding long-standing Managing Partner, James Cross.

Head of the firm’s highly-regarded HR and Employment team, Rhodri Davey joined Kitsons in 2007. He is recognised in Chamber’s Guide to the Legal Profession as being “very forward-thinking in his approach” and for providing “brilliant and down-to-earth advice”. Rhodri is the current President of the Plymouth Law Society and sits on Kitsons’ Management Board.

Nick Johnson is a highly-respected Partner working in the field of Professional Negligence. ...

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