Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the changes to working practices which were introduced ‘on the hoof’ as businesses adapted to the pandemic may have become permanent, and many lessons have been learned about new ways of achieving the same business objectives. ‘Alongside Covid, we have also seen a huge shift in the awareness of diversity and inclusion and, after so much change, now is a good time to check your policies are relevant for your company in the future,’ says Gillian Reid, a Solicitor in the employment team with Ware & Kay. It is also timely to look at wider issues relating to policies, such as best practice around introducing and changing…

Yorkshire Law firm Ware & Kay announces Lucy Gilman as Head of its Wetherby office

1st December 2021 Yorkshire Law firm Ware & Kay Solicitors has today announced the promotion of Lucy Gilman, to Head of its Wetherby Office.  Lucy will take over the responsibility for a growing team delivering commercial, development and residential property, litigation, family, employment and wills and probate services in the West and North Yorkshire region.  Lucy takes over the role from Director Michael Peach who will continue to be involved in the business going forward. Lucy, who joined Ware & Kay in 2012 has over 16 years of experience as a Residential Property Solicitor.  She has a wealth of knowledge and a strong reputation for superb client focus. Lucy has represented a number of high profile clients on complex property transactions and is extremely well-regarded within the industry.  She has a reputation for establishing close working…

Employment Law Update November 2021

This article covers: 1. Menopause: why are workplaces failing women? 2. Fire and rehire: the saga continues 3. Supporting workers in the Covid-19 vaccination programme 4. The climate & ecological emergencies and the workplace 1. Menopause: why are workplaces failing women? Recent research demonstrates that as many as sixty percent of women are currently suffering or will suffer from disabling menopausal symptoms. This means workers at every level who are female or who identify as female are suffering from debilitating menopausal symptoms. Overlooking the consequences of menopause in the workplace can lead to: an unhappy, underperforming workforce high levels of sickness absence loss of workers at every level leading to skewed figures on wage equality and unequal representation in the boardroom  claims in the employment tribunal on the grounds of sex, disability, or age discrimination…

The perils of public rights of way

The Ramblers' Association’s “Don't Lose Your Way” campaign last year uncovered almost 50,000 miles of historic rights of way missing from the definitive maps in England and Wales. New rights of way – such as a bridleway or footpath – can only be added by a Definitive Map Modification Order. However, anyone can apply for such an order for free, so farmers should take active steps to ensure a public right is not created which might interfere with the use of their land. Jacqueline Barr, Head of Agriculture at Ware & Kay in York & Wetherby explains how public rights of way can be created, and she outlines what steps farmers can take to protect themselves. Definitive Map Modification Orders are granted by the surveying authority for the area (the county council or unitary authority) on…

Can I change the locks on my house after separation?

If you and your partner have separated, you will be keen to start your life afresh and may wondering whether you can change the locks on your house. This may be particularly appealing if the relationship breakdown has been acrimonious and you have concerns that your former partner will turn up unannounced, remove belongings while you are out, or cause a nuisance. You may even have concerns for your safety. ‘While it can be unsettling, it is important that you do not change the locks without seeking legal advice’ explains Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby ‘as the legal position varies depending on your circumstances’.  For married couples If you are married, then the starting point is that your spouse has a legal right to enter their matrimonial home…

New Associate Legal Executive joins Ware & Kay Residential Property Team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of Associate Legal Executive, Rachael Fell to its growing Residential Property Team in Wetherby. (Michael Peach, (Director of Wetherby Office) Rachael Fell (Associate Legal Executive), Lucy Gilman (Deputy Head of Wetherby Office and Deputy Head of Residential Property, Wetherby) Rachael specialises in all aspects of residential property and will assist clients who wish to buy and sell both Freehold and Leasehold property for registered and unregistered land. Rachael has a particular interest in Leasehold Transactions. In addition, Rachael can advise on the Government’s Help to Buy ISA Scheme and that of the Ministry of Defence assisted purchases. She has extensive knowledge of buying and selling at auction, purchasing buy-to-lets, landlord and tenant work, transfers of equity, mortgage transactions, Declaration of Trusts and property…

Making financial provision for disabled children

The risks with informal arrangements Families sometimes rely on informal arrangements as a way of making provision for their disabled children after their death.  For example, a parent may have made a simple Will specifying that another family member is to be the beneficiary instead of the child themselves, on the assumption that the third party will use the inheritance to benefit the child.  Unless a formal arrangement such as a Will Trust is created, there are many reasons why you may want to reconsider relying on an informal arrangement: Inheritance Tax. Depending on the size of the beneficiary’s own estate, there may be adverse tax consequences for them both in terms of receiving funds from your estate and subsequently making regular gifts to benefit your child. When the third party beneficiary dies, any inherited…

Redundancy advice for employees

How do I know my job is really redundant? A redundancy situation occurs where: A business closes or relocates, or an employer decides to shut down its business. A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories. An employer needs fewer employees to carry out a particular type of work. If at least one of the above does not apply then there may not be a genuine redundancy situation and you may have a claim for unfair dismissal. Have I been unfairly dismissed? To ensure that a dismissal for redundancy is fair, your employer must establish that: It is the real reason for your dismissal; and Your employer acted reasonably, in all the circumstances of the case, in treating…

Implacably hostile over child arrangements – could this be you?

If you cannot reach an agreement with your former partner about arrangements for your children, one of you may apply to the family court for an independent decision.  The courts have a wide range of powers in deciding where a child should live and how often they should see each of their parents.  In most cases, a court will want to preserve a relationship between a child and both of their parents, even if it recognises that one parent’s behaviour is far from ideal.  ‘Understandably this can sometimes be difficult to accept, especially if your relationship with your partner has disintegrated and you have serious concerns about your child’s safety,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘However, if you fail to follow the orders of the court or…

What is a Settlement Agreement? Advice for Employees

A Settlement Agreement is a legally binding contract between you and your employer to terminate your employment on agreed terms for a clean break with no opportunity for you to take them to court or a tribunal for more money. They are used for different reasons, the most common is if you are being made redundant. An enhanced sum may be offered in exchange for the employer not undertaking a fair process. Compensation for loss of office The Settlement Agreement will detail the payments due to you. Up to £30,000 compensation can be paid tax free if it is genuine compensation for losing your job. Notice payment If you don’t work your notice you can be paid in lieu subject to tax and National Insurance deducted. Bonus/commission These payments should be included in the agreement. As your…