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25 November 2014 Employment advice

As the UK transport network often grinds to a halt during periods of snow, it is essential for employers to put in place clear procedures, aimed at those who commute to the workplace, so that employees know what is expected of them and so as to avoid confusion. Such a policy can also cover situations where there is industrial action affecting the transport networks or in the event of major incidents covering health and public safety. The policy should clearly set out what is expected of the employee in terms of seeking alternative routes or means of transport, allowing extra time to travel, and regularly checking for weather updates with the intention of attending the workplace if at all possible. Issues such as whether to permit late starts and early finishes and whether employees are…
19 November 2014 Employment advice

The staff Christmas party: what employers need to know:- Sexual harassment, assault and religious discrimination claims are often rife in the workplace, following the festive celebrations. Employers are likely to remain liable for any actions taken by their employees at work-related social events (including those taking place outside the office) even where the acts are without their knowledge or approval. Employers will have a defence if they took "all reasonable steps" to prevent the act or anything similar of that description before it occurred. Employers should therefore have a policy setting out the boundaries of acceptable standards of acceptable behaviour in clear terms, including examples of unacceptable behaviour and potential disciplinary sanctions. Case law shows that employers may be perceived as condoning behaviour where they provide a free-flowing supply of alcohol, given that incidents…
15 November 2014 Firm updates

As part of Ware & Kay Solicitors involvement in community activities the firm sponsored Tadcaster Albion Football Club for the second year running by hosting a corporate event on Saturday 15th November for clients and professionals. Photographer for Tadcaster Albion: Ian Parker Tadcaster Albion's match against Albion Sport was a hard game but it ground out a result.  The team went down to 10 men and then Albion Sport scored 1-0 down. There was a rapid two-goal blast in the last 10 minutes, both penalties and with both decisive points bagged by midfielder Liam Ormsby who is the son of former Pro Footballer Brendan Ormsby Leeds and Aston Villa Legend. Tadcaster Albion Chairman Matt Gore said: "We were delighted to welcome Ware & Kay to the game on Saturday. We've had great support from the…
15 November 2014 Firm updates

The Yorkshire Law Society has managed to secure Justin Urquhart Stewart as their speaker at their Annual Dinner on 19th November, 2014 which is being held at The Merchant Adventurers' Hall in York. The Yorkshire Law Society is the second oldest local law society in the country and not only promotes the interests of its members but also those of the clients of solicitors in the Yorkshire Law Society area. Justin Urquhart Stewart is one of the most recognisable and trusted market commentators appearing regularly on television and radio as well as writing in numerous magazines and newspapers. Justin originally trained as a lawyer and barrister and has a unique understanding of the financial market's roles and benefits for the private investor. Michael Peach, the President of the Yorkshire Law Society and also Director…
13 November 2014 Firm updates

The Yorkshire Law Society Annual Dinner took place on 19th November at the Merchant Adventurers' Hall. Guests were warmly welcomed by President Michael Peach who is also Director of leading law firm Ware & Kay Solicitors Ltd. The guest speaker was Justin Urquhart Stewart who entertained everyone with his up-to-date observations on the economy. Long time listeners of Justin will know the sound of Justin Urquhart Stewart's voice as one of the most popoular, recognisable public speakers and trusted market commentators appearing regularly on television and radio as well as writing in numerous magazines and newspapers. Justin was more than willing to give everyone the benefit of his wisdom and experience, particularly over events which are challenging and concerning for investors and also give us his take on what is happening in the world economy…
13 November 2014 Employment advice

Employees are entitled to receive 'trivial' benefits from their employer such as seasonal gifts tax free. There is no monetary limit set for gifts but HMRC suggests that larger employees should agree an upper limit each year with their tax office. HMRC guidance includes the following items as trivial: a turkey (but not a hamper), a box of chocolates, one or two bottles of ordinary wine (but not a case). Gifts to staff are tax deductible in the employer's accounts as staff welfare payments, whether trivial or not. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
12 November 2014 Employment advice

There is no obligation to allow suspended employees to attend work-related functions. In fact doing so could be seen as inconsistent with the decision to suspend the employee in the first place. Employers should make it clear to employees that during the suspension period, they are not to report to work or contact colleagues or clients.  This should preclude them from attending functions as the guest of another colleague, for example. Employers should always be satisfied that they have reasonable grounds for suspension from the outset, so as to avoid breaching the implied term of mutual trust and confidence. Published: November 2014 Contact us: For further advice on your employment issues contact Gillian Reid on 01904 716050 or Gillian.Reid@warekay.co.uk.
10 November 2014 Firm updates

WARE & KAY SAVES THE DAY AS SPONSORS INSPIRE TADCASTER ALBION TO LATE VICTORY Man of Match Liam Ormsby Published: November 2014
03 November 2014 Firm updates

Two members of staff from the York office of one of Yorkshire's leading law firm's Ware & Kay Solicitors Ltd have been looking a little hairer this month, as they take part in Movember.  Spectacular moustches have been grown and so far they have raised over £200 for charity. Movember is an annual charity with a simple idea: to grow a moustache in November and raise money and awareness of men's health, specificially prostate and testicular cancers. David Hyams, Director and Charles Stent, Solicitor (both in the Commercial Team) decided to put themselves forward for the challenge. In addition, after growing moustaches during the whole of the month they also took part in a MoRun with other MoRunners in Leeds. David Hyams said: "I am delighted to support this great cause and get involved.  It is…
02 November 2014 Employment advice

In a judgment handed down by the Employment Appeal Tribunal on 4th November 2014 in the case of Bear Scotland v Fulton (and conjoined cases) the Working Time Directive requires holiday pay to be calculated so as to include overtime, including non-guaranteed overtime, as part of normal remuneration, and that it is possible for the Working Time Regulations 1998 to be construed accordingly. However, this only applies to the four weeks' annual leave derived from the Working Time Directive, not the additional 1.6 weeks provided by regulation 13A of the Working Time Regulations 1998. The Employment Appeal Tribunal also found that it was not open to employees to claim that they had suffered a series of deductions (for the purposes of the unlawful deductions from wages provisions of the Employment Rights Act (1996) by linking…
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