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Bereavement Damages - Battle Won for Unmarried Couples

Posted by on January 8th 2018 in Blog Posts, Family

Jakki Smith has won a legal battle against the Government and established better rights for unmarried couples.

Jakki Smith took the Government to court for breaching her human rights and denying her bereavement damages. Jakki had been in a long term relationship with her partner John Bulloch for 16 years. John fell ill whilst on holiday in Turkey after having a benign tumour removed from his foot; a post operative infection had been missed by medical staff.

Under the Fatal Accidents Act 1976 a fixed sum of £12,980 can be claimed in statutory damages if a person dies as a result of...

What Happens When Organisations Ignore Culture?

Posted by on January 3rd 2018 in Blog Posts, Employment

What Happens When Organisations Ignore Culture?

What Happens When Organisations Ignore Culture?

We’ve all heard phrases such as “culture eats strategy for breakfast” and “culture is what happens when you aren’t there”.

Many organisations forget to take the time to identify their culture, or to agree what their culture should look like and feel like for the organisation to be successful. This means a culture grows by accident, and may or may not lead to success. This article helps you to think about what the organisation should focus on to establish a successful culture.

Culture should start at the top, but without time and effort, it grows from the...

Kitsons Christmas Quiz raises £1,000 for Torbay Charity

Posted by on December 19th 2017 in Kitsons News, Press Releases

Kitsons Christmas Quiz raises £1,000 for Torbay Charity

Leading Devon law firm Kitsons hosted its annual charity quiz night on Wednesday 22nd November, bringing local businesses from across Torbay, Teignbridge and Exeter together for a fun evening. 

The event, which was held at the Riviera International Conference Centre, raised a total of £1,000 for Torquay based charity, Hele’s Angels

The evening was kindly supported by teams representing: Accounting 4 Everything, Acronyms Ltd, Bettesworths, Bishop Fleming, Bradleys, Charles Royal, Croft Surveyors, Darnells, El Nashar Dental Care, Francis Clark,

Various Claimants v Wm Morrisons Supermarkets Plc

Posted by on December 18th 2017 in Blog Posts, Employment

Various Claimants v Wm Morrisons Supermarkets Plc

In the recent case of Various Claimants v Wm Morrisons Supermarkets Plc, the High Court was asked to consider whether it is possible for an employer to be vicariously liable for the actions of an employee who has breached the Data Protection Act 1998.

The case followed personal details of almost 100,000 Morrisons’ employees being published on the internet and sent to three newspapers back in 2014.

The wrongdoer, a senior IT internal auditor who was involved in assisting external auditors by providing payroll data, had some time before been the subject of disciplinary proceedings for an unrelated incident which resulted in...

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. 

Facts

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

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

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 - Companies with long standing assets to face higher corporation tax

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

Could times be changing for

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

FCA Find That BrightHouse Have Not Acted as a Reasonable Lender

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...

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