Employment Law Newsletter July 2022

This article covers: 1. Early Conciliation: How to Avoid the Employment Tribunal 2. Part-Time Workers Rights 3. “Wellness” in the Workplace 4. Was Dismissal of Employee Fearful of Covid-19 Fair 1. Early Conciliation: How to Avoid the Employment Tribunal The obvious route to avoid the employment tribunal is for employees and employers to discuss workplace issues as they arise and to resolve them before they become disputes. However if informal workplace conversations or more formal approaches such as a grievance procedure don’t work, employers can find themselves facing a claim in the employment tribunal. The question is, how to avoid the claim being heard, in public, in the employment tribunal. Before commencing a claim in the employment tribunal the employee must inform Acas – please note strict time limits apply at every stage so don’t delay…

Who pays private school fees after divorce or separation?

According to the Financial Times the average fee for independent schools is now over £15,000 a year for day pupils and £36,000 for boarders. This represents a substantial financial commitment over the education of a child, and often has to be taken into account when negotiating a financial settlement after divorce or separation. Disputes can arise for many reasons, perhaps parents have different priorities or maybe one parent is finding it harder to cope with paying school fees and all the extra costs. ‘Perhaps one of the largest bones of contention between separated parents when it comes to their children’s schooling is how the school fees will be paid,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby.  ‘Often, even prior to separation, parents have made sacrifices in order to pay…

Summer 2022, employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of the long-awaited Employment Bill. However, the last few months have seen a couple of announcements from the Government regarding the future of work, data protection, exclusivity clauses and the menopause which employers need to be aware of, and tribunal and Employment Appeal Tribunal decisions continue to provide interesting reading, including decisions in the context of Covid-19. Kalpesh Nakeshree, Head of Employment Law with Ware & Kay, provides a round up of recent developments for employers. Whatever happened to the Employment Bill? The Employment Bill was proposed in 2019, and the Government has indicated several times that it would bring in changes such as extending redundancy protection for new parents and pregnant women and a new right to neonatal leave, as well…

Inheritance Tax Planning and Woodlands - seeing the wood for the trees!

Can you help the environment and save some tax?  Emma Elwess considers inheritance tax planning and woodlands. Brief inheritance tax position Inheritance tax can be complex but the rate of tax is 40%, above the ‘nil rate band’ on which there is no inheritance tax to pay – this band depends on the individual’s family circumstances and assets.  Why woodlands? Investing in woodland, or reviewing what you do with your existing woodland, can be a useful estate planning strategy – leaving more for you to pass to the next generation. Is it a business? Woodland may qualify for Business Property Relief if commercially owned and managed as a business. Examples of businesses that could qualify include woodland used for camping, fishing, or where the timber is being generated for sale – even if a sale may…

Be a good sport! Take care with sporting rights on farmland

Sporting rights can be extremely valuable to landowners with some, such as rights on a grouse moor, being potentially of more value than the land itself.  Granting sporting rights to others also provides an attractive means of diversification and a source of additional revenue to improve profit margins. However, as Jacqueline Barr, an agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, ‘There can be pitfalls, when others have sporting rights over your property as this gives them the legal right to enter your land to hunt, fish or shoot.’ Acquiring land When buying piece of land, many believe that they will own it in its entirety and have the right to do whatever they want on it, and to stop other people doing anything on it too. Under English property law…

Legal considerations if you are tempted to buy a holiday home

Summer is around the corner, and it is not uncommon to want to prolong that holiday feeling and dream of investing in a holiday home which allows you to return to your favourite spot more frequently. Holiday home ownership has boomed recently and in 2021 second homes accounted for more than 24,000 purchases. Many of these were on the coast or other areas of natural beauty, where house prices have also seen rapid growth. ‘If you are planning to buy a holiday home, it is important to consider the issues carefully and not get swept away by enthusiasm or high-pressure sales tactics,’ says Holly Stevens, Director & Head of Residential Property with Ware & Kay in York. ‘Buying any property is a major investment, and holiday home ownership can involve additional considerations with long-term consequences, so…

“One Day the Farm Will All Be Yours” – Grounds to challenge inheritance

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house. When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it. How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge…

Legacies and Wills – what are the risks?

Many of us like to include legacies in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (often fixed sums of money) or specific (particular assets you own such as a house, items of jewellery or a share in a business.) On the face of it, including a legacy in a Will seems very straightforward. However, there are numerous issues which should be considered, some of which could result in beneficiaries losing out or even unintended inheritance tax consequences! Some areas to consider are as follows: 1. Fluctuating asset values. In the context of property and investments, values can fluctuate dramatically. The values might be significantly higher or lower at your death as compared to when you made your Will. If the same beneficiary inherits your entire estate, this isn’t…

Employers - let’s talk about pay

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…

Know the Laws of Menopause

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff. Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause. Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a…