Whistleblowing What Constitutes The Public Interest

Since the qualifying period for claiming unfair dismissal was raised to 2 years, dismissed employees without the 2 year qualifying period will only be able to make claims if they can show that their dismissal was for a reason which is covered by a category deemed to be automatically unfair and does not require a qualifying period of employment. One of these categories is dismissal for making a "protected disclosure." The law is specific on what counts as a qualifying disclosure and to whom the employee must report it to. 1.    It must be a disclosure of "information" (an opinion alone is not enough) 2.    It must normally be made to the employer (although there are exceptions) 3.    It must in the reasonable belief of the worker "tend to show" either that:- (a)  a criminal…

The National Minimum Wage

Changes to the National Minimum Wage from 1st October 2015: £6.70 for those 21 years and over; £5.30 for those aged 18-20 years; £3.87 for those above school leaving age but under 18; £3.30 for apprentices. National Living Wage In April 2016 the "National Living Wage" will be introduced. For workers age 25 or over the national Living Wage will become a new legal minimum for workers aged 25 or over and will be set at £7.20 per hour. The government has published a policy paper explaining this at www.gov.uk/government/publications/national-living-wage-nlw/national-living-wage-nlw Comprehensive Information & Guidance on the NMW HMRC has published an extremely comprehensive collection of guidance, forms and case studies with information for employers on how to check that they are paying their employees the national minimum wage correctly. www.hmrc.gov.uk/manuals/nmwmanual/index.htm The application of…

Why Is It Important That You Make A Will

Because you work hard all your life to build up your assets, it is very important to be confident that, upon your death, these assets go the people you would want them to go to. If you do not make a Will (or if your Will is incorrectly drafted or executed, which is always a risk if you have, for example, made a "do it yourself" Will), then there is a chance that assets will not go where you want them to. The story below gives an example of what can go wrong, and the outcome of that. Chris was aged 60, a widower with no children.  Chris had a brother, Martin, to whom he was very close.  Martin had a family and was in financial difficulty because he had recently been made redundant.  Chris…

Well Respected Lawyer Retires After Over 40 Years

23rd October 2015 Roger Boreham, a Solicitor for Ware & Kay with offices in York and Wetherby was today marking his retirement after over 41 years in the legal profession. Roger, 68, who is celebrating this evening with family, friends, colleagues and clients at The Wetherby Golf Club, built up a reputation as a hugely knowledgeable Wills & Probate solicitor with particular expertise in Tax Planning and Trusts. London born and with a science degree from Nottingham University, Roger worked initially for the Inland Revenue and then started in the legal profession in 1974. Over the years Roger has had experience in all sizes of legal firms and joined Ware & Kay in 1999 as a Consultant and then joined the partnership in 2002, with Tax Planning, Wills, Probate and Trusts being his areas of expertise…

October 2015 Employment Law Update

A round-up of the main employment law changes coming into effect from autumn 2015. Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby, outlines the main changes and the action you need to take as a result. National minimum wage rises The minimum wage is reviewed every year and traditionally it has been increased on 1 October.  This year is no exception.  The new hourly rates are: adult rate (21+): £6.70 development rate (18-20): £5.30 young workers rate (16-17): £3.87 apprenticeship rate: £3.30.   The accommodation offset limit has risen to £5.35 per day.  The government's new national living wage is due to take effect from next April.  This will add a premium of 50p to the minimum wage for those over 25 so that the rate for those…

Merger Of Historic Legal Firms

A York law firm dating back more than 200 years has merged with a historic Ryedale firm in a move to increase its client base and areas of expertise. Ware & Kay based in York's Peasholme Green and with a secondary office in Wetherby as of today officially merged with Malton-based Pearsons & Ward. From its offices in Market Street, the team of 20 at Pearsons & Ward will continue to operate from its Malton base, and under the Pearsons & Ward branding. Peter Kay, senior director at Ware & Kay, which employs a team of 66 across its two offices, said: "We are absolutely delighted to be merging with Pearsons & Ward, which is a very similar firm to Ware & Kay in terms of their culture and history, and dedication to providing quality…

Yorkshire Solicitors Strengthen Through Merger

The Directors are delighted to announce the merger of Ware & Solicitors Limited of York and Wetherby with Pearsons & Ward Solicitors, Malton as from 1st October 2015. Robert Tulloch (Consultant, Pearsons & Ward), Emma Elwess (Director, Pearsons & Ward) and Peter Kay (Senior Director, Ware & Kay Solicitors Ltd.)   For Robert Tulloch, Emma Elwess and their team at Malton, it is business as usual.  They will continue to trade in Ryedale as Pearsons & Ward from their premises at 2 Market Street. With their distinctive blend of legal expertise and local knowledge they aim  to provide a high level of service on a range of legal issues, including advice to Farmers, Land Owners and the Rural Community, advice on Probate, Wills including Inheritance Tax Planning together with Residential and Commercial Transactions, Family Law matters…

Taking On An Apprentice

The government claims to have doubled the number of apprenticeships since 2010 and recent figures reveal there are now 440,000 apprenticeships a year. Of those starting in the 2013/14 academic year, 53 per cent were female and 47 per cent were male. The majority of people chose apprenticeships in the service sectors and almost three quarters of new starts were in three sectors: business, healthcare and retail. There are currently 170 different apprenticeships available in 13 sectors. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York, Wetherby & Malton , explains the rules if you already employ apprentices or if you are thinking about recruiting one. An apprenticeship is a work-based training programme that leads to a nationally recognised qualification.  It can be for a fixed term or until a certain level…

Employment News Blog 2015

National Minimum Wage Increases from 1st October 2015 The national minimum wage hourly rate increases from 1 October are: Adults: £6.50 to £6.70 Young workers: £3.79 to £3.87 Apprentices: £2.73 to £3.30.   The majority of workers aged 16 and over qualify to receive the national minimum wage. Exclusions from the right include au pairs, family members in the family business and voluntary workers. If you have any questions please contact our Employment Law Solicitor Gillian Reid on: 01904 716050 or Gillian.Reid@warekay.co.uk NEW: Quarterly tribunal statistics to June 2015 published The Ministry of Justice has published statistics in relation to all types of tribunal claims (including employment tribunals) for April to June 2015. The figures continue to show a decrease in the number of claims as compared to last year, including…

New Appointment Boosts Our Litigation Team

Fast-growing York & Wetherby law firm, Ware & Kay Solicitors, has strengthened its litigation team with the appointment of Anna Roughley. Anna Roughley, who studied at York St. John University joins as a Paralegal, specialising in Litigation and Dispute Resolution. She graduated from BPP Law School in Leeds and will be based at Ware & Kay Solicitors office in York. Anna said "I enjoy the variety of work that civil litigation has to offer in respect of both clients and other areas of law. I gain great satisfaction from utilising my legal skills and practical expertise in order to help others resolve their legal disputes.  I am also looking forward to joining such a vibrant and well respected firm as Ware & Kay and working with a great team of people". Ware & Kay Solicitors Senior…