York - 
28 April 2022
Employment advice
Sex Now that I have your attention…you find yourself curiously reading on and, for that, I thank you. Did you know that Sex is one of many protected characteristics contained within the Equality Act 2010? These characteristics are: Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion of belief, sex and sexual orientation. Essentially this means that individuals who have these characteristics and feel discriminated against because of these characteristics may have rights and claims against not only their discriminators but even those who are responsible for those perpetrators e.g. an employer. The topic of discrimination is expansive and each characteristic would merit an article in its own right. However, in this piece I want to touch on the characteristic of ‘sex’ and how this impacts the workplace. Q. What is the…
25 April 2022
Litigation
One of the most contentious aspects of rights of way is where there is a substantial increase or ‘intensification’ of use. This invariably happens when there is a change of use by the user of the right of way following redevelopment of land and buildings typically a conversion of a farm house and buildings to residential use or a farm diversification project such as a new camping and caravan site. If the right of way has been created by a legal document it will be an ‘express grant’ and how that right can be exercised will depend on the wording used in the document creating it. So for example if the grant says a roadway can be used ‘for all purposes’ a change of use of the land benefitting from the right of way is lawful…
14 April 2022
Employment advice
Farming families have traditionally relied on their land and livestock to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many in the primary sector have decided to supplement their income (and in turn their security) by diversifying their business to include farm shops, garden centres and, in some instances, magical lands filled with ice cream and fair ground rides. However, what are the key employment law considerations when such growth happens? In this article Kalpesh Nakeshree, Head of Employment Law at Ware & Kay Solicitors in York & Wetherby, touches on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written…
07 April 2022
Family Matters
If your partner owned their home when you moved in together, then it is not uncommon to agree to pay all or most of the bills as a way of sharing living costs without the hassle of changing the mortgage paperwork or the legal title. When a relationship has broken down and you are contemplating separating, a key concern will be where you will be able to live, especially if you have children and have built a family home together over many years. ‘Your rights will depend upon your marital status and, if you are not married, whether you have any formal agreement regarding the property’, explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby who outlines the various entitlements, and what steps can be taken to protect your interest. The…
05 April 2022
Commercial property
As the national housing shortage continues, particularly in rural areas, development land is very much in demand. You may even have been approached by a developer or promoter who is interested in your land. Property sales are never risk-free, with buyers able to pull out of a deal sometimes for the most incongruous of reasons. Many farmers negotiate a conditional contract to sell their development land which, as Andrew Little, agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, provides some certainty for the seller that the land will be bought. A conditional contract is a contract between a landowner and a developer which will only be completed if the condition or conditions stated in the agreement happen. If the conditions are fulfilled, the developer is legally obliged to buy the land…
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