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Holiday Pay - NHS Payments

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

Flowers and Others v East of England Ambulance Trust: NHS Contractual Terms Require Non-Guaranteed and Voluntary Overtime to be Included in Holiday Pay Calculations

This case arose from the Claimant employees, employed by the Trust in a range of roles concerning the provision of ambulance services, contending that the calculation of their holiday pay should take account of both non-guaranteed overtime and voluntary overtime.

The Employment Tribunal (“ET”) allowed the contractual claims in respect of non-guaranteed overtime, but dismissed the claims in respect of voluntary overtime, with the ET accepting the Trust’s argument that voluntary overtime was in a different category....

Kitsons Employment Law Updates

Posted by on July 31st 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.

July 2018

In July's edition we discuss wage claims, care sectors and the disciplinary process.

June 2018

In June's edition we discuss resillience, workers rights, training costs, overtime and protecting your business.

Patel v Folkestone Nursing Home Ltd

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

Patel v Folkestone Nursing Home Ltd

In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of Appeal has held that there was no dismissal where a contractual disciplinary appeal was successful.

The Court of Appeal has upheld the decision of the Employment Appeal Tribunal that there was no dismissal where an employee who, following his appeal under a contractual disciplinary procedure, was told that the decision to dismiss him had been revoked. This was despite the appeal only addressing one of the two disciplinary allegations that had resulted in his dismissal.

The Claimant was a care assistant, dismissed over two charges of misconduct. He appealed under a...

Owens v Owens [2018]: Wife's appeal to divorce husband fails

Posted by on July 27th 2018 in Blog Posts, Family

Owens v Owens [2018]: Wife's appeal to divorce husband fails

The Supreme Court has ruled that a woman seeking to divorce her husband must remain married to him until 2020.

Mr and Mrs Owens were married in 1978 and have two adult children. In May 2015 Mrs Owens filed a divorce petition which is the subject of the current proceedings. The petition was based on s.1 (2)(b) of the Matrimonial Causes Act 1973 and alleged that the marriage has broken down irretrievably as Mr Owens had behaved in such a way that Mrs Owens could not reasonably be expected to live with him.  Mr Owens refused to consent to a...

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

Posted by on July 23rd 2018 in Blog Posts, Employment

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

In its consideration of two similar cases involving residential care home workers, Royal Mencap Society v Claire Tomlinson Blake and John Shannon v Jaikisham and Prithee Rampersad (t/a Clifton House Residential Home), the Court of Appeal held that employees who sleep overnight as part of their duties are only entitled to the National Minimum Wage (“NMW”) while they are awake and working, not for the entire duration of their sleep-in shift.

The Royal Mencap Society went to the Court of Appeal in March this year to challenge the Employment Tribunal ruling from 2016, which had been upheld on Appeal to the Employment...

Kitsons raise over £1,500 from charity challenge in memory of colleague, Mark

Posted by on July 18th 2018 in Kitsons News, Press Releases

On Saturday 14th July, staff at Devon law firm Kitsons took to the hills and successfully completed the Yorkshire Three Peaks Challenge in aid of the British Heart Foundation and in memory of their friend and colleague, Mark Batten.

Three teams of walkers and one team of runners completed the 24 mile challenge in the soaring summer sun; which involved climbs and descents totalling 2,153 metres across Pen-y-ghent, Whernside and Ingleborough in Yorkshire.

Mark, who was Chief Cashier at Kitsons, passed away suddenly in March 2014. He worked...

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

Posted by on July 9th 2018 in Blog Posts

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

The Ministry of Housing, Communities and Local Government (“MHCLG”) is proposing a minimum 3 year fixed term for residential tenancies, with a six month break clause. The main proposals are:

  1. A three-year term with an opportunity for either landlord or tenant to leave the agreement after the initial six months.

  2. Following the six-month break clause, the tenant would be able to end the tenancy by providing a minimum of two months' notice in writing.

  3. Landlords would be able to recover their property during the fixed term if they had reasonable grounds, similar to the grounds under Schedule 2 to the Housing Act 1988.

Landlords: are your tenants asking for energy efficient improvements?

Posted by on June 29th 2018 in Blog Posts, Litigation

Landlords: are your tenants asking for energy efficient improvements?

Landlords; you cannot unreasonably refuse your tenant’s request to make energy efficient improvements to your property.

This blog addresses a tenant’s request to make energy efficient improvements where an Assured Shorthold Tenancy is in place.  

 

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (“MEES Regulations”) allows assured shorthold tenants of some types of residential property, to request the landlord’s consent to the tenant making energy efficient improvements to the property. The Landlord is required not to unreasonably refuse consent to the improvements being made, even if the tenancy agreement prohibits such alterations.

 

ACAS’ New Guidance: Overtime

Posted by on June 26th 2018 in Blog Posts, Employment

ACAS’ New Guidance: Overtime

ACAS have published new guidance relating to overtime, which covers five key areas summarised below. 

  1. Is overtime compulsory or voluntary?

The Guidance covers, and gives examples, of the following types of overtime:

a) Voluntary Overtime

This is where there is no obligation upon an employer to offer overtime, and no corresponding obligation upon the worker to accept it if offered.

b) Guaranteed Overtime

This is where an employer is under a contractual obligation to offer overtime to the worker, who in turn must accept it.

c) Non-Guaranteed Overtime

This is where there is no contractual obligation for overtime to be offered by the employer, but if...

Plumber Engaged on a Self-Employed Basis was Entitled to ‘Workers’ Rights

Posted by on June 26th 2018 in Blog Posts, Employment

Plumber Engaged on a Self-Employed Basis was Entitled to ‘Workers’ Rights

In Pimlico Plumbers v Gary Smith the Supreme Court considered an employment tribunal’s decision regarding the employment status of Mr Smith who was engaged by Pimlico Plumbers purportedly on a self employed basis.

In 2011 Mr Smith issued several claims in the tribunal. The tribunal found that Mr Smith was not an employee but was a 'worker' and 'in employment' within the meaning of the Equality Act. This finding was upheld by the EAT and the Court of Appeal.

For Mr Smith to qualify as a worker, the Supreme Court had to agree that he had undertaken to...

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