Negotiating An Executive Severance Package

If you need to part company with a director, for the good of the business, it may not be appropriate to follow your disciplinary procedure.  Gillian Reid, Head of Employment in York & Wetherby, looks at the issues you should consider, especially if you need to achieve a quick exit with minimal disruption to the business and no publicity. Reason for the termination Two of the most common reasons for terminating a director's contract are poor performance, leading to the board losing confidence in the director, and a personality clash. You should first decide what the reason is for the exit, as it will have an impact on the claims the executive may have and therefore on the level of compensation you could have to pay.  For example, you must consider whether the director has…

Top Tips Around Lasting Powers Of Attorney

Plan early While you have capacity, it's vital that you get your affairs in order and choose the best people to manage your affairs, in case of an accident or illness. You can't appoint an attorney once you lose capacity. Choose carefully Think carefully who you want to appoint as your attorney and have an open conversation with them so they understand your wishes and what their responsibilities will include. Consider appointing more than one person as your attorney so they can share the responsibility. Consider appointing a professional A family member might not always be the best person to act as your attorney. Instead, you can appoint a professional such as a solicitor. They can act as a neutral third party and make unbiased decisions that are in your best interests. Bear in mind…

Rights Of Way Problems And Remedies

When buying freehold premises or taking on a lease you will need to ensure that you have sufficient rights of way in order to gain access to and from those premises.  "It should not be assumed that your premises adjoin an adopted highway, giving you statutory rights of access, although a local highways search will confirm the publically adopted roads in your area,"  Many premises will require access over private roads, for example estate roads on industrial estates will very often be privately owned, and so you will need to ensure that legal rights of way benefit the premises you are acquiring. Establishing your rights of access In order to establish your legal rights, you need to investigate the title to the premises. The title will confirm if any rights have been expressly granted.  If…

Making A Formal Complaint At Work

Most people will experience a concern about their work, working conditions or a colleague at some point in their working lives.  Gillian Reid Head of Employment at Ware & Kay in York, Wetherby & Malton advises how handling it properly can mean that it can be resolved quickly, before it escalates.  If you have a problem at work, how should you tackle it? Do you have a grievance? A grievance is a problem or concern that you have about your work, working conditions, pay or relationships with colleagues.  For example: you believe that your overtime has been calculated wrongly and you have been underpaid; you feel that your workload is excessive and you are struggling to cope; a colleague is harassing you because of your religion; or following an illness or injury, you would…