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An NHS Trust and Others

Posted by on August 3rd 2018 in Private Client

An NHS Trust and Others

An NHS Trust and others (Respondents) v  Y (by his litigation friend, the Official Solicitor) and another (Appellants)

The Supreme Court has confirmed that there is no mandatory requirement for a court to hear an application, to decide upon the best interest of every patient with profound cognitive and physical disabilities, before their clinically assisted nutrition and hydration can be withdrawn.

The Facts of the Case

Mr Y suffered a cardiac arrest in 2017 and never regained consciousness. He required CANH (clinically assisted nutrition and hydration) to keep him alive. A doctor concluded he had PDOC (prolonged disorder of consciousness) and...

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

Posted by on August 1st 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...

Practitioner’s Insights – The Risks of Ignoring the Issue

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

Practitioner’s Insights – The Risks of Ignoring the Issue

As you can imagine, we deal a lot with issues where the employer has “reached the end of their tether” in managing a problem like capability.  Sometimes we are involved throughout a process, which will either lead to an improvement in performance or potentially dismissal.  Others however, we are called in at the latter stages to advise on the capability procedure at the point at which dismissal is contemplated.  Often, the reluctance of a manger to have the open and frank discussion at the outset, leads to a situation whereby the individual may struggle to accept any failings in their...

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.