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Wetherby 01937 583210
Malton 01653 692247
Legal updates

10 June 2017 Employment advice

Getting the best out of employees is one of the biggest challenges faced by managers.  Gill Wilkinson, employment law specialist at Ware & Kay in York  Wetherby & Malton, looks at what managers can do to manage performance and, if necessary, how to dismiss an underperforming employee. Poor performance can include lack of productivity or slowness, inflexibility, a breakdown in working relationships with colleagues or customers, a failure to reach targets, customer complaints, and negligence or mistakes.  Ignoring these issues risks undermining the manager's position and demotivating other staff, whereas dealing with them can increase both productivity and staff engagement. Managing performance on a day-to-day basis It is far better to deal with problems as they arise, rather than waiting for them to become a major issue.  Performance should be kept under review throughout the…
27 May 2017 Employment advice

The issue of privacy has rarely been out of the news in the last few years, as a result of the phone-hacking scandal and revelations of secret mass surveillance of individuals by national intelligence agencies. As an employer, keeping an eye on your staff is vital but you must also stay on the right side of the law.  Gill Wilkinson, Head of Employment at Ware & Kay in York, Wetherby & Malton , advises how employers can monitor staff without infringing their rights to privacy. Examples of covert surveillance There are many reasons why you may wish to monitor staff, such as to prevent theft or fraud, reduce the use of workplace equipment and time for personal purposes, cut down on non-genuine absence, monitor the quality of customer service and gather evidence for possible disciplinary…
22 April 2017 Wills and estates

LATEST NEWS: Death taxes are rules unlawful Click on the following link to view the article: Death taxes are ruled unlawful By Frances Gibb, Legal Editor, The Times A decision has been made by the Government to change the probate applications fee structure commencing in May 2017. The purpose of the fee increase is to raise funds of approximately £300m which will be invested directly into Her Majesty's Courts and Tribunals Service (HMCTS) to streamline its efficiently, and ultimately, deliver a better service to the public and professionals. However this is not necessarily for the Probate Registry which is largely self funding from the fees it receives. Currently probate court fees are as follow: £155 (application through a solicitor) or £215 (personal application)   In comparison, the proposed new fees are eye-watering…
11 April 2017 Employment advice

One in four people will experience symptoms of mental ill health during their lives.  According to the Chief Medical Officer for England, 70 million working days are lost in the UK every year due to stress, depression and other mental health conditions.  It is estimated that this costs the UK economy between £30 billion to £100 billion per year. Gill Wilkinson, Head of Employment at Ware & Kay in York, Wetherby & Malton , looks at what managers can do to help employees and advises how to avoid discrimination claims from employees with mental health issues. What is mental health? Mental health is the mental and emotional state in which we feel able to cope with the normal stresses of everyday life.  Mental ill health can range from feeling 'a bit down' to severe mental…
15 March 2017 Employment advice

Employment law is a fast-changing area and as an employer you need to stay up to date with developments to ensure that you are acting lawfully.  Most employment law changes take place in April and October each year.  Gill Wilkinson, Head of Employment at Ware & Kay Solicitors in York, Wetherby & Malton , looks at what is happening in April 2017 and what you need to do. National minimum wage and national living wage aligned The review date for the national minimum wage has moved to 1 April 2017 instead of 1 October 2017. This means that the next round of changes to the national minimum wage and national living wage will take effect on 1 April 2017: From this date: the national living wage for workers aged 25 and over will increase…
11 March 2017 Employment advice

Conduct is a potentially fair reason for dismissal so, if an employer has accused you of misconduct, you should get independent legal advice to ensure your employment rights are protected.  Gill Wilkinson, Head of Employment at Ware & Kay in York, Wetherby & Malton , looks at what you need to do if you are facing disciplinary proceedings for misconduct. Misconduct is unacceptable or improper behaviour.  Cases of minor misconduct, such as lateness, are usually dealt with informally.  If informal resolution fails or the matter is more serious, your employer will normally take formal action.  Gross misconduct is the most serious type of conduct and includes theft, fraud, fighting, drunkenness, harassment, serious negligence and serious breach of health and safety rules.  It can result in the termination of your employment without notice or pay in…
06 February 2017 Employment advice

In this newsletter, we outline updates which will take effect from April, summarise the government's recent review of Employment Tribunal fees and look at 2 recent cases dealing with Rest Breaks and Redundancy Consultation, plus a brief mention of a recent case on employment status. Updates from 6th April 2017 National Living Wage For workers age 25 and over   £7.50 per hour For workers age 21 - 24          £7.05 per hour For workers age 18 - 20          £5.60 per hour For workers age under 18        £4.05 per hour The apprenticeship rate           £3.50 per hour   Parental payments (Provisional figures) Statutory maternity Pay (after the first 6 weeks), paternity pay and adoption pay will rise to £140.98 per week. Statutory Sick Pay (Provisional figures) SSP will rise to…
15 November 2016 Employment advice

As school leavers and graduates compete with an aging population who need or want to work longer, there is an increasing risk to employers of employees bringing claims against them for age discrimination where they believe their career prospects have been adversely affected by how old they are. In this article, Gill Wilkinson, employment lawyer at Ware & Kay in York, Wetherby & Malton , outlines the main provisions of the law on age discrimination, contained in the Equality Act 2010, and explains the steps you, as an employer, can take to avoid falling foul of the rules. Discrimination in recruitment Job applicants are protected from age discrimination. Before publishing a job advert, you need to look carefully at the language you intend to use to check whether it might put off a potential candidate…
15 November 2016 Financial advice

If you're looking to get a better return from your money than you can from your bank account, then the time might be right to think about investing for the future. Before you begin, here are some golden rules to consider. HOLD SOME CASH You'll need to have ready access to a cash fund to cover everyday living expenses and unforeseen expenditure. Obviously, there's no point rushing into investment if you've got substantial debts or if you know you're going to have to make major financial commitments that will take up all your spare cash. A vital part of your financial planning must be providing adequately for retirement, not least because of the tax breaks available on pension contributions. DEFINE YOUR GOALS You need to be clear why you're investing and what your goals are…
03 November 2016 Employment advice

This is a round-up of the main employment law changes that have recently come into effect, including those taking place from Autumn 2016.  Gill Wilkinson, Head of Employment at Ware & Kay Solicitors in York & Wetherby, outlines the main changes and the action you need to take as a result. National minimum wage rises The national minimum wage is reviewed every year and traditionally any increases come into force in the autumn.  The new hourly rates from 1 October 2016 are: adult rate (21 to 24): £6.95; youth development rate (18 to 20): £5.55; young workers' rate (16 and 17): £4.00; and apprentice rate: £3.40.   It is understood that these rate changes will only apply for six months because the government has decided to align all further changes with the national…
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