Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

Buying a home with friends or family

In most places, the property market appears buoyant with prices continuing to rise. Although good news for many, this could make it more difficult if you are looking to get onto the property ladder. If affordability is an issue, one possible solution is to pool resources and to buy with friends or a partner and research suggests this is a growing trend, especially with younger buyers. If you are thinking about buying a home with others, there are things you should consider first. Here Holly Stevens, the Head of Residential Property at Ware & Kay in York looks at the issues involved and offers some advice. Joint ownership, the legal basis Joint ownership is a little more complicated than owning a property outright, as the legal structure must take account of the relationship between you and…

7 pitfalls to avoid when making redundancies

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat. ‘Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal,’ explains Gillian Reid, a Solicitor in the employment team with Ware & Kay. ‘There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.’ Here are some common misunderstandings and mistakes for employers to avoid. Pitfall #1 - Failing to count voluntary redundancies towards the trigger for collective consultation The obligation to inform and consult with recognised trade unions or employee representatives kicks in when you are…

EMPLOYMENT LAW UPDATE OCTOBER 2020

This newsletter covers: Job Support Scheme Preventing the Second Wave Monitoring of Workers Working at Home Domestic Abuse and The Role of The Employer Redundancy Job Support Scheme The Flexible Furlough Scheme ends on 31 October and will be replaced by the Job Support Scheme on 1 November. This new scheme is available to all employers even if they have not previously furloughed workers. However there’s a rule that large as opposed to SME businesses will have to show they have been adversely affected by Covid-19.    The new scheme will help where a worker is working at least one third of their usual hours but full hours aren’t available because of the current situation. The Government will help the employer pay the worker’s wages for the hours they aren’t required. But this top…

Why a health and welfare power of attorney is a good idea

A health and welfare lasting power of attorney is a legal document which allows you to appoint people you trust to make decisions about health treatments and personal care for you if you lose the mental capacity to make such decisions for yourself Sian Foster, a specialist with Ware & Kay in York explains how this document gives your attorney the power to make decisions, on your behalf and in your best interests, in regard to things like eating, washing, medical care, where you should live, or whether to continue life-sustaining treatment. The exact decisions they can take for you will depend on your instructions. For example, an attorney can only consent to or refuse life-sustaining treatment on your behalf if you specifically state this. You can give your healthcare attorney power to refuse medication or…

A NEW AGRICULTURAL SOLICITOR FOR WARE & KAY

Ware & Kay is delighted to announce the appointment of experienced solicitor Jacqueline Barr to lead their Agricultural team in Malton. Jacqueline is the latest appointment for our Malton office, which trades under the name of Pearsons & Ward Solicitors and serves clients across North, East and West Yorkshire. Jacqueline is a specialist agricultural solicitor with a wealth of knowledge in this sector as well as commercial property and will be acting for clients within the farming community. In her new role, Jacqueline will build on its work with farmers, landowners and the rural community to keep them one step ahead.  She will advise on the full range and variety of transactions affecting rural clients, for example, sales & purchases of farms and bare land, tenancies, rights of way and option agreements, diversification interests, landowner…

Farm diversification – five areas to consider when planning to diversify

Diversification is a hot topic in this current climate.  From glamping and tea rooms to experience days and selling Christmas trees, farmers are finding new ways to make ends meet.  Johanne Spittle agricultural and commercial specialist at Ware & Kay Solicitors says ‘Diversification can help to transform an agricultural business, but only if it is properly thought through, with the benefit of professional advice and a strong underlying business plan.’ 1.Type of diversification The type of diversification that will work best for you depends on your circumstances, and, if you are a tenant farmer, the type of diversified activity will depend upon what is allowed under your tenancy or permitted by your landlord. Some of the most successful diversifications are those that utilise existing farm resources and infrastructure, or which tap into a gap in the…

Making a Lasting Power of Attorney during the current climate

During this period of uncertainty we have seen an increase in the number of enquiries from people who want to ensure that their affairs are in order should their health fail. One of the most important ways to do this is to put a Lasting Power of Attorney (LPA) in place. People can become unable to manage their affairs at any stage of life but our more vulnerable clients have naturally been prompted to think about this more than they usually would. A serious illness, accident or the onset of mental illness may make everyday tasks such as paying bills, managing a budget and making financial and welfare decisions difficult, stressful and, in some cases, impossible. An LPA gives a person control over who will help them manage their affairs and allows you to appoint someone you…

Protecting yourself against the impact of relationship breakdown

The demands of children, family and work, as well as money problems, can place a huge strain on marriages and long-term relationships. People change as a relationship progresses and sadly separation sometimes becomes inevitable. Splitting up is never easy with issues such as asset division, family financial provision and childcare arrangements, which all in need of sorting out before a couple can start their new lives afresh. Matters are made even more complicated if businesses or inherited wealth are involved, but as Robert Bellhouse, family law specialist at Ware & Kay Solicitors in York and Wetherby explains, ‘much of this stress could be alleviated by couples formally agreeing how their assets should be divided before they marry or move in together.’ Nuptial agreements A nuptial agreement is a legal document, agreed by a couple either before…

Black Lives Matter: bringing change to the workplace

In the wake of the Black Lives Matter demonstrations, there is increased momentum in addressing racial inequalities at work. But this is against a backdrop of significant and long-standing barriers for workers of black and minority ethnic heritage.  For example, recent research by Business in the Community shows that only one and a half per cent of senior professional roles in the private sector are held by black people, despite making up three per cent of the UK population. ‘In any programme of change management involving employees, then it is important to take account of employment law,’ says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby. ‘Although positive discrimination is prohibited, positive action is lawful and there is plenty of employers can do to tackle inequality of all kinds and particularly…