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Pinch Punch First of the Month

Posted by on October 1st 2018 in Blog Posts, Litigation

Pinch Punch First of the Month

Landlords; it’s 1st October 2018.

The Deregulation Act 2015 (“the Act”) now applies to all assured shorthold tenancies (“AST”), whether or not created on or before 1 October 2015 (when the provisions of the Act first came into force).  This means that a Section 21 Notice cannot be served unless the How to Rent Checklist, EPC and Gas Safety Certificate (if applicable) have been supplied to the tenant.

The Act

This note considers the impact of the Act on ASTs that commenced prior to 1 October 2015 and are still in existence, but the requirements of the Act have not been...

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

Posted by on September 18th 2018 in Blog Posts, Employment

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

We spend much of our time explaining to employers that they need to consult with their teams over a number of issues. ACAS gives some clarity regarding the overview of what it means, but once you have read their excellent advice, what you really want to know is how to do it.

We can all agree that “Employee communications and consultation are essentially about involving and developing people in an organisation. Employees will be able to perform at their best if they know their duties, obligations and rights and have an opportunity to make their views known to management on issues...

Kitsons Employment Law Updates

Posted by on September 15th 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.

September 2018

Our articles this month focus on recent case developments, the Parental Bereavement Act 2018 and the Conservative plans to bar employers from keeping staff tips.

July 2018

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

Kitsons launch new Corporate Services Team

Posted by on September 11th 2018 in Kitsons News, Press Releases

(Above photo from left to right: Jonathan Dickson, Rosie Evans, Christian Robertson, Jayme Nicholson, Dominic Hollingsworth, Corri Pedrick and Natalie Carey from Kitsons' Corporate Services Team)

Devon law firm Kitsons has launched a new Corporate Services Team which will provide a seamless advisory service to corporate and commercial clients at all stages of their business.   

Through their combined expertise, the team will offer a holistic approach to advising businesses and can work together to ensure compliance, make the day to day running of the business more efficient, highlight and minimise...

Landmark court case over Widowed Parent's Allowance.

Posted by on September 6th 2018 in Blog Posts

Landmark court case over Widowed Parent's Allowance.

In the matter of an application by Siobhan McLaughlin for Judicial Review (NI) [2018] UKSC 48

On the 30th August 2018 the Supreme Court allowed Ms McLaughlin’s appeal determining that certain requirements of the Widowed Parent’s Allowance (Northern Ireland) was discriminatory and breached the European Convention on Human Rights (“ECHR”).

Facts

Ms McLaughlin’s partner passed away in January 2014. They had lived together for 23 years and had four children. The Northern Ireland Department of Communities rejected Ms McLaughlin’s claims for Widowed Parent’s Allowance (WPA) because they were not married.  Ms McLaughlin subsequently applied for a judicial review of the...

Devon law firm trainees celebrate qualification

Posted by on September 5th 2018 in Kitsons News, Press Releases

(Above photo: Alice Beck (left), and Lauren Baber (right) from Kitsons)

Two trainees at leading Devon law firm Kitsons have qualified as Solicitors following a two-year training programme.

Lauren Baber is celebrating after completing her training contract and securing a permanent position with the firm as a Solicitor in its Litigation department in Exeter. Lauren had previously completed her degree at the University of the West of England and worked as a paralegal before starting her training contract with Kitsons. Over the two years, Lauren has worked in various departments in...

When Legal Advice Privilege is Removed

Posted by on September 4th 2018 in Blog Posts

Legal advice privilege applies to communications between a client and their lawyer, and communications which have come about for the purpose of giving or receiving legal advice. If legal advice privilege applies, then this information cannot be disclosed during the course of legal proceedings and is confidential.

The rule is not absolute though. Legal advice privilege is lost if the purpose of the communication is to further criminal or fraudulent activity. This is referred to as the “iniquity principle” or the “fraud exception” both of which are based on public policy.

A recent Employment Appeal Tribunal (EAT) case considered whether legal advice...

Menopause and Work - Disability, Wellbeing or Just Caring?

Posted by on September 1st 2018 in Blog Posts, Employment

Menopause and Work - Disability, Wellbeing or Just Caring?

A case in Scotland (Ms Mandy Davies v Scottish Courts & Tribunals Service) held that menopause could be considered a disability under s.15 of the Equality Act; whereby a person is treated unfavourably because of something arising in consequence of the disabled person’s disability and the employer cannot show that the treatment is a proportionate means of reaching a legitimate aim.

In this particular case, the unfavourable treatment was dismissal. In brief, the claimant had some medication that she thought had been in the water jug she was drinking from and the water was then given to two men in the...

Do you need to pay the Data Protection Fee to the ICO?

Posted by on August 31st 2018 in Employment

We are increasingly being asked this by Clients following the introduction of the GDPR and Data Protection Act 2018. The general position is that if you are processing personal information as a data controller then you need to pay the data protection fee to the ICO.

The amount that you are required to pay will depend on a number of factors such as your number of staff and annual turnover. For most organisations the fee is either £40 or £60. The highest level of fee is £2,900.

The ICO have produced a self assessment tool which will assist you in establishing whether...

Islamic marriage ruled valid under English law

Posted by on August 22nd 2018 in Blog Posts, Family

Islamic marriage ruled valid under English law

In a ruling which could have far reaching implications a High Court Judge has ruled that an Islamic faith Marriage constituted a valid marriage ceremony under English Law

Nasreen Akhter and Mohammed Shabaz Khan had an Islamic marriage ceremony known as a Nikah in 1998.

Akhter and Khan became estranged and Akhter decided to make an application for a divorce after 20 years of marriage. Akhter argued that the Nikah ceremony constituted a valid marriage and she was therefore entitled to a divorce. Khan opposed the divorce stating that the Nikah did not constitute a legal marriage under English Law and was...

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