Reform of holiday rights: what employers need to know

Calculating holiday allowances can be tricky for any staff who work irregular hours. In an effort to simplify things, this year the government has introduced changes to the rules on holiday rights as part of reforms to some employment rights that developed from years of European and UK case law. ‘These changes were made following consultation, with the stated aim of simplifying the rules on holiday entitlement and pay,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. ‘They also address the potential unfairness of a Supreme Court decision that gave a term-time worker more holiday when compared to a someone who worked all year round for the same number of hours each year.’ Kalpesh highlights the changes and the importance of complying with the new rules, as well as…

Contentious probate: challenging a Will

Inheritance disputes can arise for people in all walks of life, but are particularly prevalent among farming families – often due to the complex ways farms are held and run, or poor succession planning. Julie Bradwell, Litigation Solicitor and agricultural specialist at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York & Wetherby, explains how farming inheritance wrangles commonly arise, and outlines your options if you feel you have not received your fair share in a Will. A farming Will could be challenged for a range of reasons including claims for: Proprietary estoppel A common cause of farming inheritance disputes is where the testator promised to leave you something in the Will, and you relied on this pledge to your detriment, but the promise was broken. This might arise, for example, if…

An overview of Flexible Working Arrangements

Flexible working refers to arrangements that allow employees to have greater control over when, where, and how they work. This can include options such as flexitime, remote working, compressed workweeks, job sharing, and part-time work. The aim of flexible working is to support employees in achieving a better work-life balance, increase job satisfaction, and improve productivity. In the case of Wilson v Financial Conduct Authority an employment tribunal considered an employer's rejection of a flexible working request to work entirely from home. The employer's policy was that employees should work in the office 40% of the time.  Currently, an employer must notify an employee of their decision, including the decision on any appeal, within three months from the date of the employee's request (or a longer period if the parties agree). From April 2024, this decision…

Selling a leasehold property where there is a problem or dispute

 If you are selling a leasehold property, as part of the standard conveyancing process, your buyers will expect you to provide certain information about your property. There are set forms for this, including one which relates specifically to leases that asks if you are aware of any problems regarding the service charge or any complaints about your landlord, the management company, or any neighbour. Unfortunately, occasionally disputes occur and usually these can be resolved over time. But what if you are keen to move, can you still put your home on the market and hope to find a buyer at the right price? ‘It is important to be realistic in your expectations if there is a problem with a leasehold property,’ cautions Louise Davis, Associate in the Residential Property Department with Ware & Kay incorporating Pearsons…

Ware & Kay incorporating Pearsons & Ward Solicitors announces two new promotions to Associate Director

Leading law firm, Ware & Kay incorporating Pearsons & Ward Solicitors is delighted to announce the promotions of Lucy Gilman and Andrew Little to Associate Director. Lucy joined Ware & Kay in 2012 as a Residential Property Solicitor. She was promoted to Head of Wetherby in December 2021 and has since played a key role in developing this office. She has a wealth of knowledge and a strong reputation for superb client focus. Lucy has represented a number of high profile clients on complex property transactions and is extremely well-regarded by both clients and colleagues. Andrew joined the Malton office in October 2016 as a Commercial Property Solicitor. He was promoted to Head of Commercial Property (Malton) in June 2021 and Head of Malton office in April 2024.   Having grown up in Whitby and now…

Promotions and grading; an employer’s guide to the risks

Giving employees clear pathways and opportunities for promotion and increasing pay grades will help to improve performance and keep staff motivated and committed to your organisation. ‘These, along with fair and consistent practice, should reduce the risks of discrimination and an equal pay claim when promoting staff and rewarding employees with increased pay grades,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. Kalpesh warns that legal risks may arise in promotions and increasing grading and he highlights ways to address these. Discrimination risks Unlike most claims for unfair dismissal, employees do not need two years’ service to bring a discrimination claim. Where conscious or unconscious bias is at play in deciding who to promote, employers may be at risk of a claim for direct discrimination. For example, if the…

Bridleways and public footpaths on farmland: a guide for landowners

Many parts of UK farmland have a public right of way running through them. For most farmers, bridleways or public footpaths will be a minor inconvenience, but for some they can amount to major thorn in the side. However, tempting as it may be to block off access to ramblers, horse-riders and cyclists that may interfere with your farming business, there are strict rules farmers must abide by when it comes to rights of way, as Andrew Little, Associate Director & Head of Malton office at Ware & Kay Solicitors incorporating Pearsons & Ward in Malton, explains. Under the Highways Act 1980, a public right of way is legally created if the public has used the path continuously for 20 years or more ‘without force, secrecy, or permission’. The landowner must not have done anything…

I have inherited a tenanted residential property with no written tenancy agreement: is this a problem?

It is surprisingly common for personal representatives dealing with properties or those who have inherited properties to find that they have been left with a headache: the deceased has let the property to a tenant but no paperwork can be found documenting the arrangement. Invariably there is also no evidence of other legal requirements having been complied with. The absence of a written tenancy agreement is not of itself a problem and, unless one of the statutory exceptions applies (such as where the property is let at a very low rent), then an assured shorthold tenancy or AST will still have been created and this can be terminated in the normal way by service of a ‘no fault’ notice seeking possession (a section 21 notice) enabling the property to be sold with vacant possession. Alternatively…

Budget 2024 update: buying more than one property

The Government’s 2024 Spring Budget saw significant changes to the way property is taxed, including the imminent abolition of multiple dwelling relief. This will primarily affect investors looking to buy multiple properties at the same time, however, it could also affect you if you are buying a property that comprises more than one unit, such as a house with a distinct annex. ‘If you are purchasing a property with a separate granny annex and multiple dwelling relief applies to your purchase, it can save you thousands of pounds in stamp duty,’ explains Holly Stevens, Director & Head of Residential Property with Ware & Kay incorporating Pearsons & Ward. ‘However, this relief will very shortly be abolished, so if you think an intended purchase may qualify, then speak to your solicitor as soon as possible.’ In…

Wishing everyone a Happy Easter

      Happy Easter to you, your family and friends from the team at Ware & Kay incorporating Pearsons & Ward Solicitors. Our offices will be closed for the Bank Holiday weekend on Friday 29 March to Monday 1 April 2024.     Our offices will reopen on Tuesday 2 April 2024.