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Posts Tagged: Employment

Review of Fees in the Employment Tribunal

Posted by on February 6th 2017 in Blog Posts, Employment

Following the introduction of fees for Employment Tribunal claims, there has been a greater fall in the amount of claims being issued than was ever predicted. In an ongoing consultation, which will end on the 14th March 2017, the Ministry of Justice are proposing to raise the income threshold to £1250 per month, with anyone earning less being entitled to fee remission and potentially being exempt from fees. The proposal is to introduce types of proceedings which will be exempt from fees such as complaints relating to payment from an insolvent employer’s National Insurance Fund. A rise in the amount...

Employers to Prove Compliance with Employment Law

Posted by on January 13th 2017 in Blog Posts, Employment

Employers to Prove Compliance with Employment Law

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 Praised in 2016's Legal 500 Directory

Posted by on October 5th 2016 in Blog Posts

Kitsons Praised in 2016's Legal 500 Directory

Leading Devon law firm Kitsons has been praised in the South West chapters of the latest  2016 editions of Legal 500 – the most prestigious guides to the UK legal profession.

Highlights include Kitsons’ Employment team achieving a ‘Tier 2’ status in the Legal 500, with the firm featuring prominently across Litigation, Corporate & Commercial, Licencing, Employment, Family and Probate.

A total of nine lawyers have been endorsed for their work across the practice.

James Cross, Managing Partner at Kitsons said: "We are always pleased to be recognised for the work that we do and the latest findings of...

Disability Discrimination - Update

Posted by on April 20th 2016 in Blog Posts, Employment

Disability Discrimination - Update

The topic of disability discrimination has once again found itself in the media following the recent reporting of a claim by former Newcastle United player Jonas Gutierrez.

The 32 year old has sued the club for approximately £2 million, on the basis that he had been subjected to detrimental treatment following his diagnosis with testicular cancer in October 2013.

Cancer is deemed to be a disability for the purposes of the Equality Act 2010 and the Act protects not only those who have a disability, but those who have had a disability in the past.

Gutierrez claimed that the club saw him...

Equal Pay Day 2015 - Where Are We Now?

Posted by on November 9th 2015 in Blog Posts, Employment

Equal Pay Day 2015 - Where Are We Now?

Monday 9 November 2015 marks this year’s “Equal Pay Day” – a day wholly designed to highlight the difference in pay between men and women across the country.

Falling in or around the start of November each year, statistics released in accordance with 2014’s Equal Pay Day stated that on average, women were being paid £2.53 per hour less than men, and that in general, the UK had fallen out of the top 20 countries in the world for gender equality.

The key question therefore arises - one year on (and now 45 years on from the introduction of the Equal Pay...

Apprenticeships - Getting the Law Right

Posted by on September 3rd 2015 in Blog Posts, Employment

Apprenticeships - Getting the Law Right

We are all aware of the advantages that Apprenticeships provide to both the company and the apprentice. Our organisation has first hand experience of the benefits of employing an apprentice and it has proven to be an incredibly beneficial experience for all.

The law around apprentices is relatively straight forward, but it is essential that the organisation gets it correct from the outset or you may fall foul of the legislation if things do not work out with the apprentice. It could mean they have enhanced rights upon termination, so making it far more difficult to terminate the arrangement. If an apprentice...

Changes to Apprenticeships

Posted by on May 29th 2015 in Blog Posts, Employment

Changes to Apprenticeships

Changes to Apprenticeships

The new provisions relating to apprenticeships in England came into force on 26 May 2015 (by virtue of section 6 of the Deregulation Act 2015 (Commencement No. 1 and Transitional Saving Provisions) Order 2015 (SI 2015/994)). This amends the existing apprenticeship framework under the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009) by replacing apprenticeships under ASCALA 2009 with English Apprenticeships in England but not in Wales.

This reform is designed to simplify the existing statutory arrangements already in place and allow employers to design apprenticeship standards for their own sectors.

Under these new provisions an “approved English...

Sickness Absence: Fit for Work Service

Posted by on February 27th 2015 in Blog Posts

Sickness Absence: Fit for Work Service

The Department for Work and Pensions has published a recent guidance note for employers on the new Fit for Work service (FFW). The service will be introduced on a phased basis and is due to be completed by May 2015. In addition to an online and telephone advice service, FFW will provide free occupational health assessments and return to work plans to assist employees who have been on sickness absence for four weeks or more to return to work.

This below checklist provides details on the FFW.

If you would like to contact Kitsons in regards to the FFW Policy, please call

Online and Email Risks: Business Development Briefing

Posted by on January 30th 2015 in Blog Posts, Employment

Online and Email Risks: Business Development Briefing

This business development briefing highlights the risks all employees should be aware of when using email and the internet at work, sending work related emails or discussing the workplace on the internet.

Reputational risks

What you write in emails or on the internet could seriously damage your own or another person's reputation, you could lose your job and you and your employer could be sued, fined or even imprisoned.

Stop and think before you click

  • Anything written in an email has the potential for public exposure (for example, if the email is forwarded to others).
  • Posting on the internet is essentially making a public statement...

Social Media: The Termination of Employment

Posted by on January 30th 2015 in Blog Posts, Employment

Social Media: The Termination of Employment

The use of social media is fast expanding in the workplace. While an employer may legitimately restrict an employee's freedom of expression at work, or in a work-related context, whether that restriction can extend to personal, out-of-work, activities will depend on the circumstances of each case.

The Employment Appeal Tribunal (EAT) has held that an employment judge failed to take full account of the public nature of Twitter when finding that an employee's dismissal for posting offensive tweets was unfair. The judge did not properly consider whether the employee's purportedly private use of Twitter was truly private, given that he was...

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