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Archive for the: Blog Posts category

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

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

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

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...

Kitsons Christmas Quiz Raise £1000 for Local Charity

Posted by on December 22nd 2016 in Blog Posts

Kitsons Christmas Quiz Raise £1000 for Local Charity

For the sixth year in a row Businesses from across Torbay, Teignbridge and Exeter again came together for leading Devon law firm Kitsons Christmas Quiz held at the Palace Hotel Torquay on Wednesday 30th November. This year the Quiz raised £1000 for CHAD (Community for Handicapped and Disabled) at Jasmyn House.

100 local professionals competed for the coveted trophy. Teams were entered by accountants; Francis Clark, Bishop Fleming, Darnells and Peplows, bankers; Santander, HSBC and Lloyds Bank, property agents; Bettesworths and Waycotts, plus representatives from; Pavey Group, Croft Surveyors,...

Cyber Crime Awareness

Posted by on December 21st 2016 in Blog Posts

Cyber Crime Awareness

Beware of fake websites

Spoof websites that look like an official retailer are easy to create for cyber-criminals. Top tip - always check the URL of the website and look our for domain names ending in .net or .org.

Make sure the site is secure

Something not all people know, is at the start of a website URL the 's' in 'https' stands for secure. If it doesn't have the 's', then stay clear from shopping on the site to stay protected.

Purchase with your credit card

Using your credit card can help if something goes wrong with your purchase. Items over...

The Online Court

Posted by on December 19th 2016 in Blog Posts, Litigation

As part of Lord Justice Briggs’ sweeping reforms for the civil justice system is the launch of an online court.  This follows his initial recommendation for vast aspects of the civil courts structure to be digitised and the need for substantial investment in IT infrastructure generally. 

But what is the Online Court and how will it work?

The Online Court will operate exclusively to adjudicate straightforward money claims worth up to £25,000 and is expected to come into effect by 2020.  It is intended to be an entirely new and separate Court with its own bespoke rules and procedure.

It is expected...

Exeter Christmas Drinks Evening

Posted by on December 9th 2016 in Blog Posts

Exeter Christmas Drinks Evening

 

We celebrated another successful year in Exeter on Thursday 8th December, with our Christmas Drinks Evening, held at The Exeter Cookery School.

The night was a small gesture, as a thank you to our clients and referrers from around Exeter. The evening saw around 100 attendees attend, clinking their glasses and sampling the fantastic canapés put on by the Exeter Cookery School.

We were overwhelmed with the attendance and want to thank everyone who joined us, of which we hope you enjoyed it as much as we did.

Thank you for all your hard work over the past year, and we look...

Teignbridge Sports Awards 2016

Posted by on December 6th 2016 in Blog Posts

Teignbridge Sports Awards 2016

Kitsons were proud sponsors of the Teignbridge Sports Personality Awards 2016, which took place on Friday 2nd of December, at Langstone Cliff Hotel.

It was a fantastic evening, which recognised the hard work and dedication of so many from the local community, who work hard to achieve their sporting goals and to promote the benefits that sport can have.

Congratulations to all of the winners and finalists:

The winners and finalists were:

Overall Teignbridge Sports Personality of the Year 2016 - sponsored by Kitsons Solicitors

  • Molly Canham

Services to Sport (Community) - Sponsored by SeaSports...

Kitsons Charity Christmas Quiz - in aid of CHAD at Jasmyn House

Posted by on December 1st 2016 in Blog Posts

Kitsons Charity Christmas Quiz - in aid of CHAD at Jasmyn House

Last night we had our sixth Christmas quiz, which was held at The Palace Hotel in Torquay.

CHAD at Jasmyn House were the amazing charity that the quiz was in support of and we raised approximately £1000, which will help the visually impaired and the learning disabled.

CHAD at Jasmyn House are based in Paignton where they first opened their doors in 2013. This building is a community for many different disabled groups from all over the bay where they can meet for social gatherings, talks and discussions. There main pride and joy is their amazing and life changing technology...

Preparing for Black Friday?? the issues faced by Employers

Posted by on November 23rd 2016 in Blog Posts, Employment

Preparing for Black Friday?? the issues faced by Employers

Having started as a tradition in the USA, the presence of Black Friday in the UK has gradually increased over recent years.

In 2016, Black Friday is scheduled for 25 November 2016. This is followed closely behind by Cyber Monday, which falls just several days later on 28 November 2016.

With more and more stores offering significant discounts on branded products on these “sale days” (which importantly, fall within what is considered the traditional working week), how do employers deal with employees doing their online shopping during working hours?

As many stores have extended their Black Friday offers from 1 day to 1...

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