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Wetherby 01937 583210
Malton 01653 692247
Legal updates

30 November 2021 Employment advice

This article covers: 1. Menopause: why are workplaces failing women? 2. Fire and rehire: the saga continues 3. Supporting workers in the Covid-19 vaccination programme 4. The climate & ecological emergencies and the workplace 1. Menopause: why are workplaces failing women? Recent research demonstrates that as many as sixty percent of women are currently suffering or will suffer from disabling menopausal symptoms. This means workers at every level who are female or who identify as female are suffering from debilitating menopausal symptoms. Overlooking the consequences of menopause in the workplace can lead to: an unhappy, underperforming workforce high levels of sickness absence loss of workers at every level leading to skewed figures on wage equality and unequal representation in the boardroom  claims in the employment tribunal on the grounds of sex, disability, or age discrimination…

16 November 2021 Farming & Agriculture

The Ramblers' Association’s “Don't Lose Your Way” campaign last year uncovered almost 50,000 miles of historic rights of way missing from the definitive maps in England and Wales. New rights of way – such as a bridleway or footpath – can only be added by a Definitive Map Modification Order. However, anyone can apply for such an order for free, so farmers should take active steps to ensure a public right is not created which might interfere with the use of their land. Jacqueline Barr, Head of Agriculture at Ware & Kay in York & Wetherby explains how public rights of way can be created, and she outlines what steps farmers can take to protect themselves. Definitive Map Modification Orders are granted by the surveying authority for the area (the county council or unitary authority) on…
15 November 2021 Family Matters

If you and your partner have separated, you will be keen to start your life afresh and may wondering whether you can change the locks on your house. This may be particularly appealing if the relationship breakdown has been acrimonious and you have concerns that your former partner will turn up unannounced, remove belongings while you are out, or cause a nuisance. You may even have concerns for your safety. ‘While it can be unsettling, it is important that you do not change the locks without seeking legal advice’ explains Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby ‘as the legal position varies depending on your circumstances’.  For married couples If you are married, then the starting point is that your spouse has a legal right to enter their matrimonial home…
09 November 2021 Wills and estates

The risks with informal arrangements Families sometimes rely on informal arrangements as a way of making provision for their disabled children after their death.  For example, a parent may have made a simple Will specifying that another family member is to be the beneficiary instead of the child themselves, on the assumption that the third party will use the inheritance to benefit the child.  Unless a formal arrangement such as a Will Trust is created, there are many reasons why you may want to reconsider relying on an informal arrangement: Inheritance Tax. Depending on the size of the beneficiary’s own estate, there may be adverse tax consequences for them both in terms of receiving funds from your estate and subsequently making regular gifts to benefit your child. When the third party beneficiary dies, any inherited…
04 November 2021 Employment advice

How do I know my job is really redundant? A redundancy situation occurs where: A business closes or relocates, or an employer decides to shut down its business. A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories. An employer needs fewer employees to carry out a particular type of work. If at least one of the above does not apply then there may not be a genuine redundancy situation and you may have a claim for unfair dismissal. Have I been unfairly dismissed? To ensure that a dismissal for redundancy is fair, your employer must establish that: It is the real reason for your dismissal; and Your employer acted reasonably, in all the circumstances of the case, in treating…
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