Refresher on family-friendly rights and the implications of Covid-19

06 May 2021 Employment advice

While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last year as home-schooling affected many families and some children even made an appearance in professional video-calls. Employers need to be familiar with family-friendly rights and the impact of the pandemic on parents and pregnant workers. Gillian Reid, Head of Employment with Ware & Kay reminds employers that ‘not complying with family-friendly rights can lead to expensive and time-consuming tribunal claims.’ Gillian Reid runs through the main family-friendly rights and protections, including rights in a redundancy situation and the implications of furlough arrangements, as well as highlighting employer responsibilities to protect pregnant employees during the pandemic. What are the key rights to family-friendly leave? Regardless of length…

Employee, worker or self-employed? Comparing status and rights

19 April 2021 Employment advice

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed. The Supreme Court in Aslam v Uber [2021] recently gave useful guidance on the approach that should be taken, particularly with vulnerable workers, emphasising that it is the actual arrangements on the ground that matter and not what the contract says. ‘To add to the confusion, the definitions of employee and worker vary depending on the various rights,’ says Gillian Reid, a Solicitor in the employment law team with Ware & Kay. ‘The…

Coronavirus: time to check your Will?

12 April 2021 Wills and estates

The horrendous death rates of the coronavirus pandemic have brought one’s own mortality into sharp relief, leading many of us to consider getting our affairs in order in case the worst should happen. The first step in this regard is to make a Will to ensure your property and belongings are distributed according to your wishes when you pass away. If you die without leaving a valid Will it means you have died ‘intestate’ and the law decides who gets what, regardless of need and your relationship. Leaving a Will is particularly important if you are from a farming family as you may also want to ensure the continued success of your business. For example, you may want to pass the farm to a specific child who has continued working on the farm while their siblings have moved…

Where will our children live if we separate?

12 April 2021 Family Matters

Following separation parents usually want to minimise any disruption to their children, ensuring that they soon settle into a new routine - whether that is in the existing family home, or following a move to a new home. Where your children will live may be an obvious or straightforward decision, for example if one parent works abroad or has a job which makes it difficult to accommodate childcare. For other families, the decision can be complex especially if parents feel strongly that the children should continue to reside with them. If you find yourself in this scenario and fear that an agreement will never be reached, then it is wise to obtain early expert legal advice on the best way forward. Robert Bellhouse at Ware & Kay in York & Wetherby has a wealth of experience…

Arrangements for children after a same sex divorce or separation

01 April 2021 Family Matters

Following the introduction of civil partnerships in 2005 and same sex marriages in 2014, there has been an increase in families and then relationship breakdown between same sex parents. Finding agreement over issues relating to children can be tricky in any relationship breakdown. When a same sex couple separate it can raise several unique additional questions regarding arrangements for children and each person’s legal rights when children may be adopted, the parents may benefit from surrogacy or sperm donation, or one partner may have children from a previous relationship. Robert Bellhouse, a Solicitor in the family law team with Ware & Kay in York & Wetherby looks at some of the steps and considerations same sex couples need to bear in mind in relation to agreeing future arrangements for children. Reaching agreement together In any family…

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