Divorce and the family farm: what lessons can be learnt from The Archers

Those avid Archers followers amongst you will be aware of Alice and Chris’s increasingly acrimonious divorce. For the rest of you, the storyline concerns Alice Carter (daughter of Brian Aldridge) who is a partner in her family’s farming business. Her husband Chris is the local farrier. One summer Chris and Alice went on holiday to Las Vegas announcing on their return that they had been married. Needless to say there was no Pre Nuptial or Post Nuptial Agreement and the farming business is now under a threat. The starting point in English law is an equal division of the matrimonial pot but a Court will take many considerations into account in deciding what a fair settlement would look like. Courts may be reluctant to order the forced sale of assets which threaten the future viability of…

Investigating employee misconduct: how to get it right

‘Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably believe that the employee is guilty of misconduct. A fair investigation is the cornerstone of a fair process and for establishing that it was reasonable to believe that the employee was guilty.’ Kalpesh explains how to get investigations right.   First things first, check your procedure Employers should have a disciplinary procedure that complies with the Acas Code of Practice on disciplinary and grievance procedures. If the dismissal results in an employment tribunal claim, the tribunal will assess whether you followed the code. If not, the dismissal is likely to be unfair and damages awarded…

Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm to a non-farming activity in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do tenant farmers go about trying to diversify and what does this mean for landlords? Agricultural tenancies usually permit the tenant to use the holding for agricultural purposes only and may contain restrictions on carrying out alterations and works to the holding. A tenant’s continued ignorance of the tenancy agreement and pursuit of diversification projects could result in the landlord recovering possession of the holding. If the tenant wishes to set up a new company to pursue diversification, the tenancy agreement will need to allow for assignment, subletting or sharing of occupation. The tenant should also consider if it needs to negotiate a…

5 amazing facts about UK employment law

Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct? Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15th week before the baby is due. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed…

LPAs for farmers

Does your farm’s strategic planning include a lasting power of attorney? The agriculture sector is one of the riskiest to work in, with 23,000 people working in this industry suffering ill-health or a non-fatal injury each year according to Health & Safety Executive figures. As well as the hazards farmers face working with heavy machinery and vehicles, toxic chemicals and unpredictable livestock, they are also at risk when working at height, near pits or silos.  Farmers carry a heavy weight of responsibility on their shoulders, and if they become incapacitated and are unable to make decisions for themselves, it could be catastrophic for the farming business. Risk management is part of every strategic plan, and Laura Carter, Solicitor & agricultural law specialist at Pearsons & Ward Solicitors in Malton explains why an increasing number of farmers…

Divorce and the division of overseas assets

It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad.  ‘The term property in this context can cover houses, land or financial assets such as bank accounts or shareholdings in a business,’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘You or your spouse may hold this property jointly, or one or other of you may hold it in your sole name.  Either way during divorce the full detail of assets abroad must be disclosed.’ Valuation of foreign assets From a part share in a vineyard to your own Caribbean island, any assets abroad will be considered in…

Porn at Work

Ralph had worked for his employers for 5 years He was part of the IT support at his employer, had a clean record and had even been employee of the year. However one day his world came crashing down when he was suspended and invited to an investigation meeting by his employer for: ‘’Inappropriate use of company property. In particular you have used the work laptop for none work purposes, namely watching pornography during work time. Breach of the company IT policy. In particular, accessing and downloading pornographic material onto the work laptop. The company alleges that the above allegations constitute gross misconduct.’’ So, what would be the correct approach by an employer in this scenario? Amongst the many weird and wonderful cases this is a scenario that I have found myself advising on. The employer…

So, you want to grow your business?

Family businesses have traditionally relied on what previous generations have always done in order to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many have already realised the benefit of technology, with the internet and mobile telecommunications at the heart of business growth.   However, have you ever thought about that next step? Scaling up? Taking on new employees so you can readily meet the new demands of your customers? What are the key employment law considerations when such growth happens?  In this article Kalpesh Nakeshree, Head of Employment Law at Ware & Kay Solicitors in Wetherby, York and Malton touches on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in…

Transferring property between partners

Your home is often your most important asset, and you may be lucky enough to own other property such as a holiday home or a buy-to-let investment.  Over time, if your personal circumstances change; you may want or need to transfer a share in a property.  This could be the transfer of a share in the value of your home to your former spouse if you are getting divorced, or to a new partner if you have moved in together. ‘Transferring property between family members is not always straightforward,’ warns Holly Stevens, Director and Head of Residential Property in York. ‘Your plans will need to take account of ownership structure and should be consistent with your longer-term goals.’ Holly looks at the issues to consider when transferring property between partners. Establishing the legal and beneficial interests…

Launch of New Online Client Portal App

We are pleased to announce the launch of our New Client Portal. Why are we upgrading? Although Ware & Kay/Pearsons & Ward Solicitors have a robust system in place, we felt that it was time to provide a further improvement to the client experience with enhanced focus on technology. The Purpose of the Client Portal The purpose of the portal is for our clients to check the progress of their case 24-7 in real time.       The portal is updated as we reach each milestone in the transaction and it will send out notifications and email alerts as the transaction progresses.  The benefits to you of the Ware & Kay/Pearsons & Ward Client Portal Convenient 24/7 access to your account Receive instant updates and track progress in real time Upload and download documents…