York - 01904 716000
Wetherby - 01937 583210
Malton - 01653 692247
Wetherby 01937 583210
Malton 01653 692247
Legal updates

18 May 2021 Employment advice

This article covers: Working from Home Fire and Rehire Gig Economy Sleep ins Line of Duty? 1. Working from Home The popularity of remote working is on the rise but there are pitfalls for both employer and worker. The Office for National Statistics in its report Homeworking hours, rewards and opportunities in the UK: 2011 to 2020 found that 35.9 percent of the UK workforce worked some of their time at home in 2020, an increase of 9.4 percent over the previous year. But this was not spread evenly over the country or the economy. For example, those who worked at home earned about 20 percent more than those who didn’t, and there was more homeworking in the South East than in the North East of England. IT, professional, scientific and technical, and financial…

18 May 2021 Employment advice

ACAS has published new guidance for employers and workers on the impact of long COVID in the workplace. The guidance highlights the significant effects which long COVID can have on workers, such as fatigue, memory loss and difficulties with concentration, all of which can have a detrimental effect on their ability to carry out their roles effectively. Employers will need to plan how to manage long-term absences and the impact of long COVID. Please contact Gillian Reid, in the employment team on York 01904 716000 , Wetherby 01937 583210 or Malton 01653 692247 or email gillian.reid@warekay.co.uk.
13 May 2021 Litigation

Tussles over a deceased loved one’s belongings are sadly not uncommon. Unpleasant in all situations, such disputes can be particularly problematic for farming families as it may mean the farm having to be sold or split up. Johanne Spittle, Director of Litigation and agricultural law specialist at Ware & Kay Solicitors in York and Wetherby outlines some common causes of probate disputes and provides guidance on how best to avoid them.  Probate is the process by which an estate is distributed under the terms of a Will after someone has died. Disputes can emerge for a variety of reasons during this process, but some common reasons in a farming context, include: the lack of a Will; an invalid Will; an outdated Will; a Will that was prepared close to death; lack of clarity on farm…
13 May 2021 Commercial property

The decisions in two cases recently heard by the High Court will be welcomed by landlords of commercial premises.  The cases of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd and v Cine-UK Ltd and others were disputes over non-payment of rent during the COVID-19 pandemic and in both the Court decided that the rent arrears were payable despite the impact of closure and restrictions on the businesses. The facts in both cases were similar. In the first case the tenant TFS Stores Limited operates as ‘The Fragrance Shop’ and its landlord claimed £166,884.82. In the second case there were in fact separate claims heard together against Cine-UK Limited, operating a cinema complex, Mecca Bingo Limited and SportsDirect.com Retail Limited. In the TFS case the tenant put forward…
06 May 2021 Residential property

Sewers and human waste may not be the first things you think about when looking for a new home, but many rural and semi-rural properties do not have mains drainage and so rely on a septic tank. This can have important legal, practical, and costly implications, particularly since environmental regulations could mean that an old system is now unlawful. Here Holly Stevens, Head of Residential Property with Ware & Kay in York considers the rules relating to septic tanks and why they could be important when buying a home or a holiday property in the countryside. Septic tanks and water quality If you are buying a property without mains drainage, you will want to make sure it has an adequate way of disposing of waste. Nobody wants raw sewage backing up into their new home! However…
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