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News

25 August 2018 Commercial property

A sensible landlord will take great care when picking an initial tenant and should exercise the same caution when deciding whether that tenant should be allowed to assign their lease to someone else. The difficulty with an assignment is that the circumstances in which consent can be refused are restricted by law, making it crucial to seek early legal advice, as Simon Ellis, commercial property lawyer with Ware & Kay in Wetherby & York explains. 'Most commercial leases will include a provision which prohibits assignment without the landlord's consent, and will prescribe the process the tenant needs to go through to secure this', says Simon, 'but what some landlords do not realise is that they can only refuse consent if they have very good reasons.' Refusal must be reasonable You can only refuse consent to…
07 August 2018 Firm updates

Leading law firm Ware & Kay Solicitors has added another Solicitor to its growing team in Wetherby with the appointment of Sarah Collier to its Wills & Probate Department. Sarah brings many years of experience and will assist clients with a broad range of matters. These range from Wills, Lasting Powers of Attorney (which help clients protect against the difficulties that arise with finances or personal decisions if mental capacity is lost), inheritance tax and care home fee planning and the administration of estates after someone has died. Following a Law Degree at Liverpool John Moores University and the Legal Practice Course at the College of Law in York, Sarah gained extensive experience and knowledge working in a Wills & Probate Department in a busy York practice and qualified as a Solicitor in 2009. Sarah…
17 July 2018 Employment advice

If you use self-employed contractors to deliver services for your business, then you need to familiarise yourself with the Supreme Court's decision in the Pimlico Plumbers case. In a stark warning to employers to get their contracts in order, and to ensure they reflect the reality of agreed working arrangements, the court ruled that a plumber who had been labelled as a self-employment contractor with no employment law rights was in fact a 'worker' with entitlement to a range of benefits, including paid annual leave and the right not to be discriminated against. Gill Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton explains the reasoning behind the decision and its implications for employers. Worker status - what the court decided To be a worker under employment legislation, the plumber needed…
13 July 2018 Firm updates

Supporting Local Farmers We will be supporting the Ryedale Show again by having a Stand for another year. With lots to see and do, this Show certainly brings in the crowds who will enjoy plenty of agricultural attractions. If you are coming along please look out for us and say 'hello'. Stand G5 Free Prize Draw and Free Refreshments! We look forward to seeing you there!
11 July 2018 Employment advice

The financial pressures on the care sector are never out of the news for long. However, employers providing round-the-clock supervision or care to the elderly and infirm, vulnerable adults and young people are breathing a sigh of relief following a recent judgment on entitlement to the national minimum wage. Gill Reid, employment law expert with Ware & Kay Solicitors in York, Wetherby & Malton , explains that most workers who sleep during a 'sleep-in' shift are not entitled to the national minimum wage while asleep. Why is this significant? Employers in the care sector may need staff such as nurses and care assistants at night to be awake and active on the job as if it were a day shift.  This is known as working a 'waking night'.  Depending on the staffing requirements, employers may…
10 July 2018 Firm updates

A team of 13 volunteers representing Ware & Kay Solicitors (with offices in York, Wetherby & Malton) raised £1,500 for homeless organisation Kitchen for Everyone York by sleeping out. Kitchen for Everyone York was originally set up in November 2015 to fill a gap in services providing food for the homeless, vulnerable and socially excluded from York. With over 100 volunteers this charity has now grown to include 2 sessions providing meals and an outreach programme when teams hand out hot drinks and snacks to people on the streets. This small non-profit organisation relies solely on volunteers and donations. Helen Rawling, Team Leader commented "The facilities at the Spurriergate centre provide a safe, warm environment twice weekly to not only receive a meal but any other essential items such as sleeping bags and toiletries along…
09 July 2018 Firm updates

Yorkshire Law firm Ware & Kay has appointed Simon Ellis to its rapidly expanding Commercial Department as a Commercial Property Solicitor to be based at their Wetherby office.  His appointment is a further addition to the firm's expertise in this sector. Simon will advise on a wide range of commercial property matters.  This will include advising clients who wish to buy and sell commercial properties and businesses, acting for landlords and tenants in the grant or renewal of leases and assisting with transactions involving the development of land or properties.   Simon also has extensive experience in Health & Safety matters. Originally from Stokesley, Simon arrives at Ware & Kay with over 16 years' experience in the legal sector.  He graduated from Cardiff University and studied at Chester College of Law before qualifying as a Solicitor…
08 July 2018 Firm updates

On Friday 22nd June 13 members of staff from Ware & Kay Solicitors (York, Wetherby & Malton offices) will be putting themselves in the shoes of the homeless when they spend the night sleeping in cardboard boxes in the York office car park to raise money for Kitchen for Everyone York #KEY. Kitchen for Everyone York is a small local organisation in Spurriergate which works to support the homeless by providing meals and outreach programmes and opens its doors to thousands of vulnerable people in York.  The organisation has experienced a substantial increase in the numbers of people asking for their help which is why Ware & Kay are keen to help raise money. Holly Stevens, Residential Property Solicitor at Ware & Kay Solicitors, said: "We will be putting ourselves in the shoes of those who…
22 June 2018 Employment advice

References are a delicate area for employers; you want to be helpful to staff by providing references for them but you do not want to be held liable if you get it wrong.  Gill Reid, employment law solicitor at Ware & Kay in York, Wetherby & Malton clarifies whether you have to give a reference, your liability as an employer, what you can and cannot say and what to do when requesting a reference. Do you have to provide a reference? There is no legal obligation to provide a reference unless an employee's contract of employment states that they are entitled to one or the employee is employed in a regulated industry, such as the financial services sector.  You can refuse, but a refusal could be seen as discrimination if you normally give references and…
27 May 2018 Employment advice

Settlement agreements are legally binding contracts in which one person, usually an employee, agrees to waive their rights to bring a claim in the employment tribunal or a court in return for another person, typically their employer, agreeing to do something, such as paying them a sum of money and agreeing to give them a reference. As Gill Reid, employment lawyer at Ware & Kay in York, Wetherby & Malton explains, used properly settlement agreements can be an effective tool for dealing with workplace problems in a discrete and controlled way: 'If you have an issue with an employee or someone else who works for you, negotiating a mutually acceptable resolution is often the best way to deal with things.  Recording the terms of that resolution in a settlement agreement ensures there can be no…
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