Could your business be named and shamed?

“Retail giants W H Smith, Marks & Spencer and Argos are among firms who have been “named and shamed” by the government for breaking the minimum wage law. Almost £5m was found to be owed to around 63,000 workers following investigations by Her Majesty’s Revenue and Customs dating back as far as 2017. These named employers have been made to pay back what they owed, and in addition were fined around £7m.” https://www.independent.co.uk/news/uk/home-news/minimum-wage-wh-smith-lloyds-argos-b2361300.html When my colleague sent me this article I was taken aback. How could some of our largest and best-established retailers fall foul of the most basic employment law? The law on the National Minimum Wage (NMW) is not simply about paying a minimum amount per hour worked. In fact, there are common pitfalls which, if breached, can land a business into seriously hot HMRC water. What are the…

Managing child contact arrangements after a divorce on the farm

  Resolving child contact arrangements after divorce is often tricky, but for a farming family where the children may have been actively involved in the business, it can be particularly problematic. When a couple who farm get divorced, one spouse will usually leave the family farm and so it is important to try to reach agreement at the earliest stage about who will get to spend time with any children and when. If the children work on the farm, this may need to be taken into consideration when the child contact arrangements are being negotiated as they may (or may not) want to be involved during busy periods such as lambing or harvest seasons. While agreeing co-parenting arrangements can be challenging for farming families – not least because of the demanding working patterns – there are…

Avoiding pitfalls of unregistered land

More than 85 per cent of land in England and Wales is now registered with HM Land Registry; however large swathes of rural farmland remain unregistered. Land is often farmed by the same family for years and therefore no ‘trigger event’ arises which would require first registration. Here our solicitors explain when it is compulsory to register unregistered land and outlines the benefits and the pitfalls for those who do not. When you should register All land or property must be registered with HM Land Registry if you have: purchased it; been given land or property as a gift; inherited any land or property; leased it for more than seven years; received it in exchange for other property or land; or had it mortgaged. Farmers should be aware that agricultural land must also be…

Can a non-molestation order prevent someone bothering me?

  Domestic abuse can impact men and women, of any age or race and is seen across all parts of society.  Unfortunately, statistics from the Office for National Statistics reveal that domestic abuse is on the increase, with cases having risen by six per cent since 2020, and it now represents an astonishing 18 per cent of all reported crime in England and Wales.  These statistics will bring little comfort to those in the midst of an abusive relationship, but a non-molestation order can provide a great comfort to someone who has bravely taken the step to leave.  What is a non-molestation order? A non-molestation order is a type of injunction.  It is an order from the court that forbids a person you know from threatening or using violence against you.  It bans them from pestering…

Buying a property for student accommodation

If your son or daughter is heading off to university, you may be thinking about their accommodation. With student rents averaging nearly £7,000 a year, you may also want to help financially. For some parents, the solution is to buy a property for their child to live in while studying and possibly to rent spare rooms to fellow students. But is this a good idea?   ‘It really depends on your personal circumstances, and what you want to achieve,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay in York. ‘Investing in a property in a university town could free your child from any accommodation worries while they are studying. However, you will find there is a lot to consider before you buy, and while you have students as tenants.’ Property…

Talking ‘off the record’ and settlement agreements

‘Using a settlement agreement to bring an employment relationship to an end, and effectively wipe the slate clean, can be very useful. But, to start the conversation, employers need to be able to speak off the record,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York, Wetherby & Malton. ‘There are ways that this can be done, but employers need to take care and be aware of a few limitations.’ Kalpesh explains what settlement agreements are; when discussions are ‘off the record’; the benefits of a settlement agreement and off-the-record conversations. He offers a word of caution and tips on strengthening your bargaining position, and takes a quick look at non-disclosure agreements after the #MeToo campaign.   What is a settlement agreement? A settlement agreement is a binding agreement to waive…

Preventing the dissipation of assets in divorce

  Divorce can often stir up feelings of mistrust between former spouses, especially when it comes to considering the financial division of assets.  Sadly, it is all too common that one spouse will try and dissipate matrimonial assets, either prior to a separation or during divorce proceedings, in the hope of minimising the amount of money that they have to provide to their former spouse. What is dissipation in the contest of a divorce? Dissipation of assets in divorce means that one spouse has sold, transferred, or otherwise disposed of property that should be taken into account when considering the division of matrimonial assets to arrive at a fair financial settlement.  Some of the common ways in which a spouse may try to dissipate assets include: transferring assets at an undervalue or for no value…

I’ve had a Dementia diagnosis, what should I do?

Alzheimer’s Research UK estimates that 944,000 people are living with dementia in the UK, with one in six people aged 80 and over at risk of developing dementia. It’s therefore likely that we’ll be affected by dementia, either directly or via a family member at some point in our lifetime. A dementia diagnosis can be devastating for a family, and understandably it takes time to fully digest the implications it brings. However, there are a few things that should be considered as soon as possible by the person receiving the diagnosis: Your papers – ensure all of your financial papers are in order and that your family know where everything is. Lasting Powers of Attorney (LPAs) – you should put in place LPAs. LPAs are documents which allow you to give authority to people you…

Renters (Reform) Bill: what does it mean for residential landlords?

The long awaited Renters (Reform) Bill has now been published by the government and it aims to change the landscape of rental housing in England One of the principal parts of the Bill is to abolish section 21 ‘no fault evictions’. Currently, landlords can recover possession of their let property after the fixed term has ended without having to prove any ‘fault’ or beach by the tenant. Under the new proposals the existing grounds for possession under S8 of the Housing Act 1988 have been extended so that there are provisions to enable landlords to recover possession if the landlord wishes to sell or a member of their family wishes to move into the property. The Bill also aims to strengthen the ability for a landlord to evict anti-social tenants. Other key changes include: Ending…

Have you planned for later life?

Wills Without a Will, your assets will be distributed according to the ‘intestacy rules’ i.e. the law dictates where your estate goes to on your death. The result might be that your estate doesn’t go to the people you want it to. By making a Will, it enables you to decide what happens to your assets on your death and can also include: any funeral wishes you may have; any specific items you wish to pass on, such as jewellery; any gifts of money you wish to make to family, friends or charities; If you have children under the age of eighteen, who you would like to look after them in the event of your death. It is really important to discuss your requirements with a professional so that they can consider your…