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Wetherby 01937 583210
Malton 01653 692247
Legal updates

14 October 2020 Family Matters

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

08 October 2020 Residential property

In most places, the property market appears buoyant with prices continuing to rise. Although good news for many, this could make it more difficult if you are looking to get onto the property ladder. If affordability is an issue, one possible solution is to pool resources and to buy with friends or a partner and research suggests this is a growing trend, especially with younger buyers. If you are thinking about buying a home with others, there are things you should consider first. Here Holly Stevens, the Head of Residential Property at Ware & Kay in York looks at the issues involved and offers some advice. Joint ownership, the legal basis Joint ownership is a little more complicated than owning a property outright, as the legal structure must take account of the relationship between you and…
08 October 2020 Employment advice

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat. ‘Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal,’ explains Gillian Reid, a Solicitor in the employment team with Ware & Kay. ‘There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.’ Here are some common misunderstandings and mistakes for employers to avoid. Pitfall #1 - Failing to count voluntary redundancies towards the trigger for collective consultation The obligation to inform and consult with recognised trade unions or employee representatives kicks in when you are…
08 October 2020 COVID-19

This newsletter covers: Job Support Scheme Preventing the Second Wave Monitoring of Workers Working at Home Domestic Abuse and The Role of The Employer Redundancy Job Support Scheme The Flexible Furlough Scheme ends on 31 October and will be replaced by the Job Support Scheme on 1 November. This new scheme is available to all employers even if they have not previously furloughed workers. However there’s a rule that large as opposed to SME businesses will have to show they have been adversely affected by Covid-19.    The new scheme will help where a worker is working at least one third of their usual hours but full hours aren’t available because of the current situation. The Government will help the employer pay the worker’s wages for the hours they aren’t required. But this top…
01 October 2020 Wills and estates

A health and welfare lasting power of attorney is a legal document which allows you to appoint people you trust to make decisions about health treatments and personal care for you if you lose the mental capacity to make such decisions for yourself Sian Foster, a specialist with Ware & Kay in York explains how this document gives your attorney the power to make decisions, on your behalf and in your best interests, in regard to things like eating, washing, medical care, where you should live, or whether to continue life-sustaining treatment. The exact decisions they can take for you will depend on your instructions. For example, an attorney can only consent to or refuse life-sustaining treatment on your behalf if you specifically state this. You can give your healthcare attorney power to refuse medication or…
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