At Kitson Boyce, our team of Devon-based employment solicitors for employers have vast experience advising businesses across a range of sectors, from SME to PLC. Whatever the size or sector of your business, we provide a personal service and deliver pragmatic and strategic legal advice to employers based on the experience from the breadth and depth of our team.
When working with you, our employment law solicitors will take the time to get to know you and to understand your business, so that our advice is tailor-made. Our HR expertise allows us to quickly and effectively problem solve in the short term and drive strategic development in the longer term. Your goals and motivators are intrinsic to the expert legal advice that we deliver.
We are uniquely positioned as a Devon law firm able to offer a complete range of employment law services and can guide you through all of the stages of the employment relationship, from drafting employment policies to assisting with matters related to redundancy, dismissal or employment termination.
Our employment law solicitors for employers can also provide support associated with business growth, both through transactional TUPE advice and in longer-term workforce planning and strategy.
Whatever level of service you require, we strive to be completely transparent and deliver clear and honest advice at all times. This transparency extends to our employment law solicitor fees and you can read more about our pricing and servicing information online.
If you are an employer seeking expert legal advice, don’t hesitate to get in touch with our team to discuss your requirements. Our employment law solicitors are based across Devon in our offices in Torquay, Plymouth and Exeter. They can also be contacted online.
Employment law must be followed from the very outset of the employer and employee relationship. A range of documentation ensures that you are meeting your legal obligations as an employer and our expert employment lawyers can assist with all matters related to drafting and implementing this documentation.
The rights of your employees will vary depending on the contracts they are employed under. For example, the benefits of permanent employees will differ from those on fixed-term or temporary contracts. Our expert employment law solicitors can advise you on all matters related to the status of your workers and their rights, ensuring you remain compliant at all times.
Day-to-day HR and staff management can utilise a significant amount of your time as an employer and may become more significant issues requiring legal advice. Our employment law team have experience assisting businesses of all sizes with staff management, including disciplinary and poor performance issues, grievances and sickness absence.
Employees have the right to make employment tribunal claims over issues such as unfair dismissal, discrimination or breach of contract. Defending employment tribunal claims can be a stressful experience, which is why our employment law team can be on hand to represent you in these claims by preparing the necessary documentation and advocating on your behalf for a favourable and fair outcome.
Staff training and organisational development are key aspects of business growth strategies. If your business is implementing new ideas, our employment law solicitors can advise on the legal aspects of staff training programmes to ensure compliance with the relevant laws.
Transfer of Undertakings (Protection of Employment) Regulations (TUPE) are in place to protect the rights of employees when a business is reorganised, sold or undergoes a service provision change. As an employer, you must abide by this legislation when making any of these changes and the expert team at Kitson Boyce will be on hand to guide you through the TUPE process.
We have significant expertise in helping businesses maintain confidentiality and abide by employment law when gathering and holding customer information. Our employment law solicitors can help you with drafting and enforcing confidentiality agreements if necessary and advise on data protection laws and policies required to safeguard sensitive information.
Redundancy and reorganisation programmes have significant implications for employees with legal obligations to meet at all times. Our team will help you abide by relevant redundancy laws when implementing these measures and making redundancies to ensure a fair and smooth process.
Shareholders and directors have specific duties and responsibilities to the company. From time to time, employers may experience disputes between these parties or require legal advice to ensure compliance with the law concerning the duties and responsibilities of shareholders and directors. Our employment law team has dedicated experts who can assist employers, shareholders and directors with these matters.
Rhodri is our Managing Partner
Jayme is a Partner and Head of our Employment team
Rory is a Partner in our Employment team
Kyle is a Solicitor in our Business team
Nuay is a Apprentice Solicitor in our Business team
Jade is a Legal Assistant (ACILEx) in our Litigation and Employment teams
Gemma is a Legal Assistant in our Business team
Rachel is a Legal Assistant for our Employment team
At present, without specific leave provisions and their employers’ discretions, parents of newborn babies in neonatal care have no additional neonatal leave and pay beyond the current maternity and paternity leave.
However, the Labour Government has made a series of changes to employment law recently and it has now been confirmed...
Wrongful dismissal is a dismissal in breach of contract. The fairness of the dismissal is not an issue that will be considered, but whether or not there has been a breach of an express or implied term of the employment contract.
What Constitutes Wrongful Dismissal?The types of claims that are involved...
Employees whose business is being transferred to another business are protected by TUPE regulations.
These rules, which replaced old legislation in 2006, are designed to help employees retain the conditions of their employment when a business transfer takes place. Both the employees and employers themselves should be mindful of TUPE regulations...
Next month, the new positive duty comes into force which requires all employers to take reasonable steps to prevent sexual harassment at work.
This duty is set to have a widespread impact on employers, with a range of significant reforms to the laws surrounding sexual harassment at work and the responsibility...
The UK government has now published its new ‘fire and rehire’ Code of practice – the Statutory Code of Practice on Dismissal and Re-engagement. This guidance took force on the 18th July 2024, and aims to ensure that employers are only engaging in the practice of dismissing and re-engaging employees...
The UK is expecting to see significant changes in employment law under the new Labour Government. The King’s speech delivered in parliament on 17 July 2024, and the accompanying Prime Minister’s briefing notes, gave some insights into what to expect and what is next for both employers and employees.
The King’s...
The law that governs the data protection is the retained EU law version of the General Data Protection Regulation (UK GDPR). Following a public consultation, the Information Commissioners Office (ICO) published guidance on the use of biometric data on the 23rd February 2024.
The guidance covers:
What is defined as biometric data When...
Question for employers – when is it fair to dismiss an employee for their behaviour outside the workplace?
Dismissing an employee for behaviours outside the workplace can be a tricky situation to navigate. In this article we will discuss the fundamentals of a fair dismissal and where an employer may consider...
The Employment (Allocation of Tips) Act 2023 (“the Act”) is expected to come into force in October 2024. Its aim is to regulate how employers allocate tips among their workers to ensure they receive all tips, gratuities and service charges in full and they are allocated to the workers in...
“Can benefits continue under employment contracts if the supplier ends the contract with the employer?” That was the question in the recent case of Adekoya & Others v Heathrow Express Operating Company Ltd.
The case backgroundIn this case, when the Claimants started working for the Respondent, they were offered the benefit...
It’s not just the increase to the national minimum wage that’s affecting businesses in 2024 – the laws around carers’ leave and flexible working are changing too. Here’s Jayme Nicholson, Partner and Head of our Employment team, to keep you up to date.
National minimum wageThe first, which hopefully you will...
The ICO has now published guidance for employers confirming when and how personal data, specifically health information (special category data, which has heightened protection) may be shared in the event of a workplace mental health emergency. The guidance provides greater certainty on what can be a complex issue.
The guidance can...
According to recent press, Boots have decided their hybrid working policy, which allowed full-time office employees to work from home for 2 days a week, will end by 1st September 2024. In this article, we will explore the legal basis for hybrid working and the potential issues that this may...
What has been the law?
For those on maternity, adoption or shared parental leave, the law has granted extra protection from redundancy. In a redundancy situation, employees on these types of leave, have the right of first refusal for any suitable alternative roles.
What is changing?Under the Protection from Redundancy (Pregnancy and...
The Trade Union Congress (TUC) has analysed the gender pay gap, offering interesting insights and takeaways related to the wider space of employment law.
Most notably, the gender pay gap analysis revealed that women work for free for almost 2 months of the year compared to men on average.
An OverviewAs of...
The Low Pay Commission (LPC) made a recommendation to the Government regarding the increases to National Minimum Wage (NMW).
In November 2023 the Government made an announcement to say it was accepting these recommendations and these will apply from 1st April 2024.
The changes are as follows:
National Living Wage (NLW) (21 and...
The Background
There was widespread public criticism and concern relating to the practice of “fire and rehire” which is used by employers to change employees terms and conditions. The practice is used to force through changes to contractual terms of employment. The criticism led to the Government responding in March 2022...
Why were amendments needed? – following the UK’s departure from the EU, certain protections derived from EU caselaw would have ceased to apply at the end of 2023. In order to preserve these protections, arrangements were required to be implemented so that the Government has time to consider whether to...
The Court held in Bathgate v Technip Singapore PTE Ltd that a settlement agreement can be used to settle future unknown claims under the Equality Act 2010.
It was stated by the Court that:
“a future claim of which an employee does not and could not have knowledge, may be covered by...
The Government has published its consultation in November 2023 and the draft regulations regarding the records Employers are required to keep on their employees working hours. These changes will come into effect on the 1st of January 2024.
Previously, in the case of CCOO v Deutsche Bank SAE the ECJ held...
Right to request flexible working to become a “day one” right from 6th April 2024
The Employment Relations (Flexible Working) Act 2023 received Royal Assent on 20th July 2023.
This Act will make a number of changes to the right to request flexible working:
Employees will be entitled to make two requests (changed...
The Worker Protection (Amendment of the Equality Act 2010) 2023 is due to come into force in October 2024. This is a reform of the laws surrounding sexual harassment and employer liability.
Employers Duty to PreventEmployers now “must” take steps to prevent sexual harassment. This means the onus is now on...
The Workers (Predictable Terms and Conditions) Act 2023
The government is introducing a new law which will come into force in Autumn 2024, which will allow eligible workers a statutory right to request a more predictable working pattern. The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent on 19th...
The Police, Crime, Sentencing and Courts Act 2022 came into force on 28th October 2023. This has reduced the amount of time until a custodial sentence is deemed spent for less serious offences.
Certain custodial sentences will no longer need to be declared after the certain time frame. However, serious offenders...
In today’s business landscape, non-compete clauses have become a common element in many employment contracts. These clauses serve as a means for companies to protect their confidential information and legitimate business interests.
The UK government has introduced a policy paper on non-compete clauses, aiming to strike a balance between labour market...
In October, the UK’s Secretary of State for Digital, Culture, Media and Sport announced that the department was considering replacing the current general data protection regulations (GDPR) with an alternative data protection system.
Rory explores what this announcement means and why the government wants to replace UK GDPR.
Will the UK replace...
Women and people who experience a menstrual cycle make up over 54% of the work force in the UK and that figure is slowly rising. October is World Menopause Awareness month with the purpose of raising awareness of the effects of menopause and to encourage discussions of improving health and...
Following the death of Her Majesty Queen Elizabeth on Thursday 8th September, the Government have announced that the state funeral will be on Monday 19th September 2022, which will also mark the end of the national mourning period.
Monday will therefore be a national Bank Holiday across the United Kingdom, with...
Recent case highlights the importance of carefully considering restrictive covenants in Employment Contracts and Directors Service agreements.
Post termination Restrictive Covenants are clauses which are often contained within employment contracts and directors service agreements with the aim to protect business interests when an employee or director exits. An enforceable covenant prevents...
One of the inevitable fallouts of the Coronavirus Pandemic is the impact on levels of unemployment in the UK.
Young people appear to have been hit hardest by this, the likely reason being that many people aged 16-24 work in more transient or low skilled jobs, often making them easier to...
Now that the rules for dealing with COVID-19 are far less strict than we have been used to in the last two years, it can be unclear what is expected in the workplace. We outline some suggested guidance for employers in relation to managing COVID-19.
What is the current situation with...
The prime minister has announced an end to all remaining Covid restrictions, with the legal requirement to self-isolate coming to an end on 24th February. Is it too soon to end restrictions?
I suppose time will tell. But certainly there will be mixed feelings about the announcement, both optimism and nervousness.
For...
On 1 August, shielding comes to an end for the 2.2 million people who have been self-isolating during the pandemic.
The government guidance to all employees also shifts from “work at home where possible” to a more flexible approach, allowing employers to make their own decisions as to how to do...
There has been a significant change to travel advice over the weekend.
The Department for Transport (DfT) announced that anyone arriving in the UK from any part of Spain now has to quarantine for 14 days. Individuals arriving back to the UK must go straight home and their 14 day isolation...
The government has published its long awaited guidance on flexible furlough, as part of the wider pathway to phasing out the Scheme later this year. Flexible furlough i.e. part working and part furlough, will be permitted from 1st July 2020.
Who can be furloughed under the new rules?
The Scheme is now...
On Friday 20 March 2020, the Chancellor, Rishi Sunak, announced the introduction of the “Coronavirus Job Retention Scheme” (the Scheme). The guidance in relation to the Scheme has changed several times since it was first released. The Treasury has now issued a Direction to HMRC which, we hope, provides definitive...
The spread of the Coronavirus has made headline news. Now ACAS has issued Coronavirus advice for employers outlining the steps they can take to deal with concerns and risks related to the outbreak. The guidance can be found here.
The government publishes daily updates at 2pm with the latest stats and...
Since the arrival of the General Data Protection Regulation (GDPR), we have advised a number of Clients who have received data subject access requests (DSAR) from data subjects. The Information Commissioner’s Office (ICO), who are the regulatory body in the UK has recently amended its guidance on timescales for compliance....
An employer’s decision to “reward” non-smoking staff with extra holiday has made its way to the headlines in the last week.
It’s an interesting decision. Don Bryden, the Managing Director of the firm who incidentally is a smoker, cites the rationale that:
“three 10 minute breaks a day equates to 16 and...
With the festive season fast approaching, Employers will be anxiously anticipating the inevitable effects of Christmas in the workplace.
Now is the time to assess your company policies and make sure they are watertight and those responsible for administering them are familiar with the details.
There are many issues that can arise...
Following a mass exodus of long standing members of staff with valuable experience, you may want to come up with a way to reduce the risk of this happening again in the future.
Perhaps you could offer a benefit to incentivise staff to stay with you, such as awarding an incremental...
As an employer you are always trying to find ways to improve your employees’ productivity. Their well-being is paramount in achieving this. However, it is difficult to apply a “one size fits all” approach to this, especially in an office based environment. Some employees need regular breaks, some prefer to...
Why is the weather forecast always wrong… the importance of an adverse weather policy.
7.30am, you check your weather app to see if there is any disruption to rail services, no problems to note.
10.30am, sat at your desk looking out of the window whilst you consider the list of things you...
How to reduce debt in business and alternatives to redundancy.
Have you found the current climate a little more challenging than a few months ago? Well, don’t feel alone. So many businesses are experiencing similar circumstances, but we have been able to help them with some good advice. Some of this...
A recent article in the news which related to an employment issue in New Zealand: ‘Man brings clown to redundancy meeting’ – led me to contemplate the practical impacts of allowing employees to bring a companion of their choosing to disciplinary, grievance, or other similar meetings.
Picture this: You are anxiously...
The recent decision in Phoenix House Limited v Stockman demonstrates the considerations of a Tribunal when considering covert audio recording in the workplace.
The Employment Appeal Tribunal’s (EAT) recent decision in Phoenix House Limited v Stockman demonstrates the considerations of a Tribunal when considering covert audio recording in the workplace’ meeting.
In...
Before suspending an employee, for example, as part of a disciplinary process, an employer should think carefully about the reasons why they are doing this – and whether it is necessary.
The 2017 case of Agoreyo v London Borough of Lambeth (the appeal of which is being heard by the Court...
Research over the past few years undertaken by a number of organisations has highlighted flaws in current protections afforded to new and expectant mothers.
In response to this, the government has committed to strengthening the position of women in relation to pregnancy, maternity and redundancy. The Department for Business, Energy and...
Following on from Matthew Taylor’s ‘Good Work Review’ in 2017, the Government has introduced proposals to make legislative changes to improve protection for agency workers, zero-hours’ workers and others with ‘atypical working arrangements’.
Draft legislation is yet to be published but the legislative changes are designed to:
introduce a right to request...
Leading Devon law firm Kitson Boyce will once again support the Team Challenge at the Torbay Half Marathon & 10K, returning on ...
Read moreLeading Devon law firm Kitson Boyce win at Devon and Somerset Law Society legal awards 2026. Hosted at The Great Hall at ...
Read moreLeading Devon Law Firm Kitson Boyce are pleased to announce the successful completion of the acquisition of 17-year business, Coast to Coast ...
Read more