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Wetherby 01937 583210
Malton 01653 692247
Legal updates

21 May 2022 Employment advice

‘Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably believe that the employee is guilty of misconduct. A fair investigation is the cornerstone of a fair process and for establishing that it was reasonable to believe that the employee was guilty.’ Kalpesh explains how to get investigations right.   First things first, check your procedure Employers should have a disciplinary procedure that complies with the Acas Code of Practice on disciplinary and grievance procedures. If the dismissal results in an employment tribunal claim, the tribunal will assess whether you followed the code. If not, the dismissal is likely to be unfair and damages awarded…


Farmers are having to diversify part of the farm to a non-farming activity in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do tenant farmers go about trying to diversify and what does this mean for landlords? Agricultural tenancies usually permit the tenant to use the holding for agricultural purposes only and may contain restrictions on carrying out alterations and works to the holding. A tenant’s continued ignorance of the tenancy agreement and pursuit of diversification projects could result in the landlord recovering possession of the holding. If the tenant wishes to set up a new company to pursue diversification, the tenancy agreement will need to allow for assignment, subletting or sharing of occupation. The tenant should also consider if it needs to negotiate a…
12 May 2022 Employment advice

Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct? Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15th week before the baby is due. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed…

Does your farm’s strategic planning include a lasting power of attorney? The agriculture sector is one of the riskiest to work in, with 23,000 people working in this industry suffering ill-health or a non-fatal injury each year according to Health & Safety Executive figures. As well as the hazards farmers face working with heavy machinery and vehicles, toxic chemicals and unpredictable livestock, they are also at risk when working at height, near pits or silos.  Farmers carry a heavy weight of responsibility on their shoulders, and if they become incapacitated and are unable to make decisions for themselves, it could be catastrophic for the farming business. Risk management is part of every strategic plan, and Laura Carter, Solicitor & agricultural law specialist at Pearsons & Ward Solicitors in Malton explains why an increasing number of farmers…
05 May 2022 Family Matters

It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad.  ‘The term property in this context can cover houses, land or financial assets such as bank accounts or shareholdings in a business,’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘You or your spouse may hold this property jointly, or one or other of you may hold it in your sole name.  Either way during divorce the full detail of assets abroad must be disclosed.’ Valuation of foreign assets From a part share in a vineyard to your own Caribbean island, any assets abroad will be considered…
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