Can we finalise our divorce before the house is sold?

For the majority of people, their most significant asset is the family home. So, it is not surprising that when it comes to dealing with the financial consequences surrounding divorce, questions about what will happen to the matrimonial home are usually top of the list.  In most cases the home will be dealt with in one of two ways – either it is transferred to one spouse, and the other spouse will receive a lump sum of money or an asset such as a pension pot or holiday home in exchange, or it is sold and both spouses receive a division of the sale proceeds. Where a property has to be sold, external factors come into play, such as the property market, the economy, a pandemic, or tax incentives such as the stamp duty holiday. These…

Employment Law Update May 2021

This article covers: Working from Home Fire and Rehire Gig Economy Sleep ins Line of Duty? 1. Working from Home The popularity of remote working is on the rise but there are pitfalls for both employer and worker. The Office for National Statistics in its report Homeworking hours, rewards and opportunities in the UK: 2011 to 2020 found that 35.9 percent of the UK workforce worked some of their time at home in 2020, an increase of 9.4 percent over the previous year. But this was not spread evenly over the country or the economy. For example, those who worked at home earned about 20 percent more than those who didn’t, and there was more homeworking in the South East than in the North East of England. IT, professional, scientific and technical, and financial…

New ACAS Guidance for Employers on Long Covid

ACAS has published new guidance for employers and workers on the impact of long COVID in the workplace. The guidance highlights the significant effects which long COVID can have on workers, such as fatigue, memory loss and difficulties with concentration, all of which can have a detrimental effect on their ability to carry out their roles effectively. Employers will need to plan how to manage long-term absences and the impact of long COVID. Please contact Gillian Reid, in the employment team on York 01904 716000 , Wetherby 01937 583210 or Malton 01653 692247 or email gillian.reid@warekay.co.uk.

Common probate disputes and how to avoid them

Tussles over a deceased loved one’s belongings are sadly not uncommon. Unpleasant in all situations, such disputes can be particularly problematic for farming families as it may mean the farm having to be sold or split up. Johanne Spittle, Director of Litigation and agricultural law specialist at Ware & Kay Solicitors in York and Wetherby outlines some common causes of probate disputes and provides guidance on how best to avoid them.  Probate is the process by which an estate is distributed under the terms of a Will after someone has died. Disputes can emerge for a variety of reasons during this process, but some common reasons in a farming context, include: the lack of a Will; an invalid Will; an outdated Will; a Will that was prepared close to death; lack of clarity on farm…

COVID no defence to non-payment of commercial rent arrears

The decisions in two cases recently heard by the High Court will be welcomed by landlords of commercial premises.  The cases of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd and v Cine-UK Ltd and others were disputes over non-payment of rent during the COVID-19 pandemic and in both the Court decided that the rent arrears were payable despite the impact of closure and restrictions on the businesses. The facts in both cases were similar. In the first case the tenant TFS Stores Limited operates as ‘The Fragrance Shop’ and its landlord claimed £166,884.82. In the second case there were in fact separate claims heard together against Cine-UK Limited, operating a cinema complex, Mecca Bingo Limited and SportsDirect.com Retail Limited. In the TFS case the tenant put forward…

How to keep out of the mire when buying a home with a septic tank

Sewers and human waste may not be the first things you think about when looking for a new home, but many rural and semi-rural properties do not have mains drainage and so rely on a septic tank. This can have important legal, practical, and costly implications, particularly since environmental regulations could mean that an old system is now unlawful. Here Holly Stevens, Head of Residential Property with Ware & Kay in York considers the rules relating to septic tanks and why they could be important when buying a home or a holiday property in the countryside. Septic tanks and water quality If you are buying a property without mains drainage, you will want to make sure it has an adequate way of disposing of waste. Nobody wants raw sewage backing up into their new home! However…

Refresher on family-friendly rights and the implications of Covid-19

While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last year as home-schooling affected many families and some children even made an appearance in professional video-calls. Employers need to be familiar with family-friendly rights and the impact of the pandemic on parents and pregnant workers. Gillian Reid, Head of Employment with Ware & Kay reminds employers that ‘not complying with family-friendly rights can lead to expensive and time-consuming tribunal claims.’ Gillian Reid runs through the main family-friendly rights and protections, including rights in a redundancy situation and the implications of furlough arrangements, as well as highlighting employer responsibilities to protect pregnant employees during the pandemic. What are the key rights to family-friendly leave? Regardless of length…

Solicitor Bella O’Keeffe gains coveted STEP qualification

Bella O’Keeffe Solicitor at leading law firm Ware & Kay Solicitors has been admitted to full membership of the Society of Trust and Estate Practitioners (known as STEP for short), a professional body who recognise the highest achievements in STEP qualifications globally and is committed to helping people manage their affairs. Bella is now holding an internationally recognised qualification that demonstrates her practical and detailed understanding of the law and the procedures involved in trust and probate procedure, tax and accounting.  She is entitled to use the designation STEP to showcase her specialist expertise and give her clients the confidence and peace of mind of knowing that she has reached the exacting standards which are required by this body.   Bella, who juggled her full-time role as a Solicitor to study for the exam over…

Employee, worker or self-employed? Comparing status and rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed. The Supreme Court in Aslam v Uber [2021] recently gave useful guidance on the approach that should be taken, particularly with vulnerable workers, emphasising that it is the actual arrangements on the ground that matter and not what the contract says. ‘To add to the confusion, the definitions of employee and worker vary depending on the various rights,’ says Gillian Reid, a Solicitor in the employment law team with Ware & Kay. ‘The…

Ian Fisher retires after over half a century with Ware & Kay

Ian Fisher has retired after a distinguished service of over 50 years with leading law firm Ware & Kay, with offices in York, Wetherby and Malton.  Ian joined the Wills & Probate department when the firm was known as Newbald Kay & Sons on 7th July 1969 at its office in Lendal, York and remained in this department until his retirement, becoming Ware & Kay’s longest-serving employee. Throughout his career, Ian has worked tirelessly for his clients and assisted many generations of families.  He is well respected and hugely knowledgeable in the field of Wills & Probate, Estate Administration, Inheritance Tax Planning and later life care through the use of Lasting Powers of Attorney. Ian Fisher commented: “Ware & Kay has been a significant factor throughout my life.  When I first started work secretaries took…