Changes on the farm – is it time to update your Will?

It is recommended that you review your Will every 3 to 5 years, but if your farm has expanded, downsized, or diversified, then you should also look at your Will to ensure it reflects your wishes. Laura Carter, Associate and agricultural specialist at Ware & Kay and Pearsons & Ward Solicitors in Malton (part of Ware & Kay in York and Wetherby), highlights the key changes that should prompt a farmer to review and update their Will. Has the value of your farm increased substantially? If your farm has grown substantially then it is important to have the ownership of the farm’s assets checked and for them to be valued. Based on the valuations received, you can then consider making a new Will to help decrease any liability for inheritance tax, particularly to take advantage of…

Martin House Make a Will during the month of March 2024

   Leave your legacy to help us continue ours If, like many other people you have been putting off writing your Will, this is your chance to put that right. Ware & Kay Solicitors has teamed up with Martin House to give you the opportunity to have your basic Will written for free. Legacies are vitally important to Martin House. In fact, they make up more than a quarter of our entire voluntary income, meaning the cost of caring for one in four of our children is covered by gifts left in Wills. Over half of UK adults have not made a Will. It's not always easy to think about what might happen when we die. But making a Will is an important step to ensuring the people and things you care about are taken care of after you're gone. Your…

New rules for flexible working requests from 6 April

The right to request flexible working has been around for over 20 years, and in that time eligibility to the right has been extended from parents and carers of young children to all employees after 26 weeks in a job. Access to this right is about to widen again with changes coming into force this year. Accompanying the legislative changes is a new draft Acas statutory Code of Practice, subject to parliamentary approval. ‘The right to request flexible working is just that; a right to ask, which employers can refuse based on a statutory business reason,’ explains Kalpesh Nakeshree, Head of the employment law team with Ware & Kay. ‘Having said that, employers do need to follow the statutory process, which is about to be tweaked in the employee’s favour. Perhaps more significant than the penalties…

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Are you being a nuisance?

Falling out with your neighbours in rural areas is not uncommon. Farming activities are more than likely to cause smell, mud, noise, traffic problems or other disruption at some stage. However, if the impact of your farming operations on your neighbours is severe enough to amount to a nuisance, you could find yourself in a legal dispute and possibly having to defend a court claim which could be both expensive and time consuming. “There are three types of nuisances: private, public and statutory”, says Johanne Spittle, Director, Litigation & Dispute Resolution at Ware & Kay York, Wetherby and Malton. A private nuisance is caused when you do something (or don’t do something) on your land which you are entitled to do but which impacts on or extends onto your neighbour’s land. There are many situations where…

Ware & Kay Solicitors appoints Risk & Compliance Officer to growing team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of James Withers as the Risk & Compliance Officer for the firm. Risk and compliance issues and policies are one of the foundations of modern legal practice and having someone who is dedicated to this role will ensure not only that we are up to date but he can also develop new policies and will provide strategic support to the management team. In his role, James will ensure compliance with regulatory obligations, professional and practice standards, maintain practice manuals and policies and proactively keep abreast of changes in the regulatory field. He will also make certain that the relevant legal, financial and data protection legislation and frameworks are adhered to. His role will see him safeguard the existing structures and procedures as…

Are you an FCA/PRA regulated employer?

Navigating employment law disciplinary processes can be complicated at the best of times. Below is an overview of our guidance and key pointers. Dual obligations As well as complying with the ACAS code of conduct for disciplinaries, those employing staff in this regulated sector must also fulfil their notification and reporting obligations to the Financial Conduct Authority (FCA) and/or Prudential regulation Authority (PRA). You will be familiar with the new SM&CR regime which prescribes the interplay between the two minefields. This regime re-iterates the importance of managing a disciplinary process fairly as the consequence of not doing so could fall back on your own management team. All financial services staff (including Senior Managers) are governed by the 6 conduct rules and there are four supplementary Conduct Rules for Senior Managers. All these rules require basic standards…

Big changes for Employers in 2024: New employment laws set for the upcoming year

You’ve heard of New Year, new me, but how about New Year, new employment laws?! There has been a recent surge in legislation that employers need to be aware of in the upcoming year and how it may impact them. Here Kalpesh Nakeshree, Head of Employment law provides 3 key updates to be mindful of: National Minimum Wage For the first time, the top rate of national minimum wage will apply to workers aged 21 and over from 01 April 2024 (currently it only applies to those aged 23 and over). The new top rate is set to be £11.44 which is an increase of 9.8% from 2023. Employers must ensure that the correct minimum wage payments are made or they will risk claims being made from staff which could result in significant…

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs to be nipped in the bud, avoiding bigger problems down the line and reputational risk for the organisation. Employers must comply with the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code), which sets out the basic steps and principles for dealing with a grievance. ‘While this encourages employers to ‘have a quiet word’ or to use mediation where appropriate, investing time and resources in dealing with a grievance can pay off in the longer term,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘An informal approach could backfire as the employee may feel their concerns have not been taken seriously…

Two Historic Names, One Great Legal Firm. Pearsons & Ward Solicitors changes its name to Ware & Kay

Pearsons & Ward Solicitors in Malton is pleased to announce it will change its name to Ware & Kay Solicitors on 1st April 2024.  Pearsons & Ward merged with Ware & Kay in 2015 having always shared a similar ethos and approach.  Following the merger Pearsons & Ward continued to retain its long historical name. However, after extensive consideration and consultation, it has been decided that the practices will now operate under the name Ware & Kay headed by David Hyams as Managing Director. The change in Malton is a key part of the firm’s strategy of uniting the firm behind the brand name of Ware & Kay. David Hyams said: “The primary driving force behind the name change was about the firm unifying itself under one name to enhance the client service and streamline…