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How do Employers Reduce their Risk of a Tribunal Claim?

Posted by on February 7th 2018 in Employment

How do Employers Reduce their Risk of a Tribunal Claim?

Steps to avoid a Tribunal… (reducing the risk, we cannot eliminate it!)

With the removal of Tribunal fees, the courts are reporting a three fold increase in Employment Tribunal claims coming through. These are set to increase. So how do employers reduce their risk of a Tribunal claim?

Employ People through effective processes

Have you reviewed your recruitment and selection practices. Do you know what the value set of the company is so that you can match that to the value set of the potential employee? Have you got effective questioning techniques? Do you use a comprehensive selection process or expect to get...

Modernisation of the Wills Legislation

Posted by on February 6th 2018 in Private Client

Modernisation of the Wills Legislation

The Law of Wills - What Can We Expect To Change?

On 13 July 2017, the Law Commission launched a public consultation on reforming the law of wills. The consultation assessed how the existing legislation passed in 1837 could be updated to reflect the changes that have taken place in society over the last 180 years. The consultation period closed on 10 November 2017 and the Law Commission are now analysing the responses they have received.

The Law Society welcomed the consultation stating it is a “step towards updating our will-making laws to keep them fit for purpose in the...

Resilience & Change Support for Schools

Posted by on January 29th 2018 in Kitsons News

In a world that is described as Volatile, Uncertain, Complex and Ambiguous do you believe your team is resilient enough to manage through anticipated changes?

We have been delivering a learning event for public sector workers recently in order to assist individuals and managers to understand the issues around both individual and organisational resilience in relation to change. We think this session could be useful to your team, and we would like to come and talk to you about it.

We believe this is learning that may be particularly pertinent for schools at a time when change is happening across education....

What is Strategic HR Support?

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

What is Strategic HR Support?

I (Carolyn Giles) joined the employment team in 2014 as an HR consultant. Since that time, when I was delivering a very wide range of employment services including day to day advice, training, consultations etc, my role in the team has been refined. 

Strategic Human Resources sits within the HR profession, governed and guided through the Chartered Institute of Personnel & Development. I am a Fellow of the institute.

Many refer to HR as the 'dark art', it is certainly more art than science, so hopefully this will tell you a little about what I do in a practical sense. 

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Brothers at Arms: Stay-at-Home Sibling Claims for Greater Share of Mother's Estate

Posted by on January 26th 2018 in Blog Posts, Contentious Probate

Brothers at Arms: Stay-at-Home Sibling Claims for Greater Share of Mother's Estate

It is a very rare probate dispute that starts with a Will which divides an estate equally between the children, but this is what has happened in the estate of widow Rachel Heath in a case which reached the High Court in London this week.

Mrs Heath passed away in October 2015, aged 93, leaving a Will made in 1971 which divides her estate equally between her sons Jeremy (65), Timothy (62) and Dominic (53), who were also appointed jointly as executors.  The estate is worth an estimated at £1.8 million, including the family home; a Grade II listed London town...

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

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

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Following the introduction of the Equality Act 2010, direct discrimination as a result of a perceived disability has always been considered a possibility, albeit there had been no case law to give guidance to employers.  

However, the EAT have now confirmed that it is indeed possible for an employer to discriminate against an employee purely because of a perception that they are disabled, even if they do not fall within the statutory definition of a disabled individual.

The dispute in question concerned a police officer who had experienced some hearing loss, although it was highlighted that it was not significant...

What is Acceptable Behaviour?

Posted by on January 19th 2018 in Blog Posts, Employment

What is Acceptable Behaviour?

In the light of recent media reports including the entertainment industry and parliament, many employers and their teams are asking the question about what acceptable behaviour is, and how to manage inappropriate behaviour in the workplace.

Every workplace has a culture and one size will never fit all. The most helpful way of tackling the subject and subsequently the behaviours is to involve those working in the organisation. If there is a staff communication or consultative body, or union representation this will be relatively easy. Staff surveys are another way of identifying where problems may arise. Ideally all those in the...

See no evil...

Posted by on January 15th 2018 in Blog Posts, Employment

The decision in the recent case of López Ribalda and others v Spain highlights the conflicting position of data protection laws which protect fundamental rights and the rights of an employer to monitor their employees and customers.

The use of surveillance cameras is common in many work places. Usually they are used for security purposes and to protect the staff and customers within the premises. However a consequence of the use of video surveillance is that employers can catch employees committing acts of misconduct that can lead to disciplinary action.

In this particular case a...

Equal Pay in the Workplace

Posted by on January 12th 2018 in Blog Posts, Employment

Equal Pay in the Workplace

Following the recent resignation of high profile BBC journalist Carrie Gracie, the issues of equal pay and gender pay gaps have once again found themselves in the media spotlight.

Gracie, who was the BBC’s China editor from 2004, posted an open letter at the start of January 2018 in which she accused the BBC of having a “secretive and illegal pay culture” in which there was a “crisis of trust”.

The comments came following the revelation that two thirds of BBC stars earning more than £150,000 were male – something which Ms Gracie has expressed her shock and disappointment with.

The news once...

Cohabitation: Property Ownership Rights Following a Break Up

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

Cohabitation: Property Ownership Rights Following a Break Up

It is a common myth that couples who live together for a long period of time have the same rights as married couples, this is often referred to as a ‘common law marriage’. In fact the concept of ‘common law marriage’ has no legal validity in the UK, you are either married or you are not. So where do cohabiting couples property rights stand following the breakdown of a relationship?

Unmarried couples have no guaranteed rights to ownership of each other’s property. Where a relationship breaks down and the couple are unmarried the court has to resolve questions of property ownership...

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