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Posts Tagged: Employment

Kitsons Employment Law Updates

Posted by on June 4th 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.

May 2018

This month we focus on dress codes, dismissal's, GDPR and we announce our new Corporate Services Team.

April 2018

This month we focus on apprenticeships, ACAS statistics, occupational pay and what you need to for the...

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

Posted by on April 5th 2018 in Blog Posts, Employment

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

UK Visas and Immigration have published a quarterly report outlining the total number of fines for illegal working given to employers across the United Kingdom.

The report highlights that 826 illegal workers were found across the UK between 1 July and 30 September 2017 – an increase of 24% from the previous quarter.

600 penalties were issued to employers, amounting to fines of over £9.5 million.

It is important for employers to remember that they may be sent to jail for 5 years, or pay an unlimited fine if they are found guilty of employing someone who they knew or had ‘reasonable cause...

Supreme Court Decision on Failure to Disclose Relationship

Posted by on March 22nd 2018 in Blog Posts, Employment

Supreme Court Decision on Failure to Disclose Relationship

The Supreme Court has decided on the appeal of a former head teacher of a primary school who was dismissed for a failure to disclose her relationship with a convicted child sex offender. This decision highlights the importance of the timing of disclosure of information so that the risks can be properly considered and appropriate action taken.

The facts of the case are summarised as follows:

  • Ms Reilly (R) qualified as a teacher in 1987.

  • R met Mr Selwood (S) in 1998 and developed a close friendship with him. The pair bought an investment property together and S lived there. R occasionally stayed...

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. 

arrows,...

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...

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...

Kitsons' Employment Practical Leadership Programmes

Posted by on October 6th 2017 in Employment, Kitsons News

Kitsons Employment Team are pleased to announce a series of seminars aimed at those with HR Management responsibility in their organisation.

The seminars are scheduled to run across the course of the next six months, coverting all aspects of HR within the business. Spaces will be limited, with just 12 attendees for each workshop to allow maximum interaction and engagement.

The sessions will be half a day (9.15am start) with lunch, closing at 2.00pm, held at our Exeter office: Exeter: Kitsons LLP, The Forum, Barnfield Road, Exeter, Devon, EX1 1QR

Asking All the Right Questions

Exeter: Thursday...

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Posted by on October 2nd 2017 in Employment

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Can Employers Monitor Employees Emails?

In the case of Barbulescu v Romania the Romanian Court ruled that an employer had acted lawfully when it monitored an employee’s Yahoo Account. The account in question was a Yahoo Messenger account, which the employee was encouraged to use to speak to customers. The employer found, however, that the account was also being used for personal purposes – namely messaging his brother and partner. Mr Barbulescu was subsequently dismissed from his role.  The Court upheld the decision of the employer to dismiss him,...

Flexible Working Hours

Posted by on September 28th 2017 in Blog Posts, Employment

Flexible Working Hours

A survey of 1000 parents has suggested that those who request flexible working to enable them to look after their children are punished for doing so by being given fewer hours, worse shifts and in some cases have lost their jobs.  

The survey focused on mums and dads in “low paid” jobs particularly in the retail, hospitality and social care sectors and identified that part of the problem is that many employees are unaware of their rights to flexible working.

Every employee who has been employed for 26 weeks has the statutory right to apply for flexible working – as long...

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