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News

01 November 2014 Firm updates

This Movember, Ware & Kay Solicitors Ltd will be raising vital funds and awareness for men's health.  David Hyams, Director and Charles Stent, Solicitor (both in the Commercial Team) at the York office have decided to put themselves forward for the challenge. The Movember Foundation is the leading global organisation committed to changing the face of men's health.  They achieve this by challenging men to grow moustaches during Movember (the month formerly known as November) to spark conversation and raise funds for prostate cancer, testicular cancer and mental health problems. The team at Ware & Kay think this is a very worthy cause because too many men are dying unnecessarily from prostate cancer.  Each year, 40,000 men in the UK alone are diagnosed with prostate cancer. The Movember Foundation is working tirelessly every day with…
28 September 2014 Employment advice

Employers must avoid unlawful discrimination in any dress code policy. Employers may have health and safety reasons for having certain standards. Dress codes must apply to men and women equally, although they may have different requirements. Reasonable adjustments must be made for disabled people. Dress codes should relate to the job and be reasonable in nature. Consulting with employees over proposals may help to ensure that the dress code is acceptable to all. The dress code should be in writing and be communicated to all employees. Employees may dress in a certain way for religious reasons: any restriction should be connected to a real business or safety requirement. Employers should work with employees to allow them to manifest their faith in a suitable way. Employers should have sound business reasons for requiring tattoos to…
25 September 2014 Employment advice

The National Minimum Wage will change from 1 October 2014. The new rates will be as follows: The standard adult rate (for workers aged 21 and over) will rise by 3% to £6.50 an hour (up 19p from £6.31). The youth development rate (for workers aged between 18 and 20) will rise by 2% to £5.13 an hour (up 10p from £5.03). The young workers rate (for workers aged under 18 but above the compulsory school age who are not apprentices) will rise by 2% to £3.79 an hour (up 7p from £3.72). The rate for apprentices will rise by 2% to £2.73 an hour (up 5p from £2.68). The accommodation offset will rise by 3.5% to £5.08 a day (up 17p from £4.91).   The increases follow recommendations from the Low Pay Commission…
11 September 2014 Employment advice

Currently, unpaid parental leave is available to birth and adoptive parents and also to anyone who has, or expects to have, parental responsibility for a child and has been continuously employed for not less than one year at the time the leave is to be taken. The right applies in respect of each child: an employee with one qualifying child may normally take 18 weeks' leave, an employee with two children would be entitled to 36 weeks' leave in total. From April 2015 new mothers and their partners, who are eligible, will be able to share up to 52 weeks of leave in total, between them, either in alternating blocks or taken together (subject to final Parliamentary approval). The right will apply to agency workers as well as employees. Employees expecting babies on or after…
09 September 2014 Employment advice

A right for eligible employees and agency workers to accompany their wives, partners or expectant mothers to antenatal appointments is to be introduced from 1 October 2014. Qualifying individuals will be allowed to take unpaid leave to accompany a pregnant woman to two antenatal appointments, for up to a maximum of six and a half hours for each appointment. Employers will not be entitled to ask to see the actual appointment card or letter, but can ask the employee for a signed declaration stating the details of the appointment, how the employee is eligible to attend and confirming the time off is for the purpose of attending the ante-natal appointment which has been made following medical advice. The following employees and agency workers are eligible to attend: the baby's father; the expectant mother's spouse…
13 August 2014 Employment advice

From 1st October an employee or an agency worker (who has worked on an assignment for 12 continuous calendar weeks) who has a qualifying relationship with a pregnant woman or her expected child will be entitled to be permitted by his or her employer to take time off (up to 6 ½ hours in one day) on up to 2 occasions for a single pregnancy during the employee's working hours in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care. The employer can request a signed declaration from the employee confirming the date & time of the appointment that the time off is to attend an antenatal appointment which has been arranged on the advice of a registered medical practitioner…
26 July 2014 Employment advice

Does obesity qualify as a disability? If yes, then the duty to make reasonable adjustments might include employers having to provide bigger chairs and desks, car parking spaces near the front door, and duties involving less mobility. The Advocate General has, today, issued an opinion on this point in Kaltoft v The Municipality of Billund. The first part of the opinion held that obesity was not a protected characteristic per se under the Equal Treatment Framework Directive. Pretty obvious stuff. The main part of the opinion considered whether obesity, without more, fell within the definition of a disability. The Advocate General pointed out the EU definition of disability covers the situation when a physical or mental condition makes "carrying out of that job or participation in professional life objectively more difficult and demanding. Typical examples…
11 July 2014 Litigation

Courts and Tribunals exist to make decisions on disputes, but using them is expensive, time-consuming and stressful. For many years now it has been expected that parties using Courts and Tribunals do so as a last, not a first, resort. This is backed up, particularly in the civil courts, by the power of the courts to penalise those who do not make a reasonable attempt to resolve disputes before resorting to litigation. Traditionally negotiation, either in writing or by telephone or in meetings, has been the way of trying to reach a compromise, or at least reduce the areas which are in dispute. That remains the case. There are, however, now other options available, such as mediation (a form of negotiation facilitated by a third party) or arbitration (which can be binding or non-binding). Many…
10 July 2014 Firm updates

Ware & Kay Solicitors celebrated the greatest Grand Départ in history in true style by hosting its own Breakfast Barbeque with musical accompaniment. Amongst the million fans who flocked to York over 300 hundred people were delighted to attend a private party to cheer on the champions of the sport. The festivities, on 6th July, kicked off on Sunday, with an event very close to the route, staged at their York offices at Sentinel House, Peasholme Green, which included an early breakfast barbeque and an impressive band for the guests. Frankly Jazz, local musicians from Harrogate, added a touch of class to the private party, and entertained the guests with a sophisticated performance making it a memorable occasion for everyone. Peter Kay, Senior Partner said 'It has been brilliant to see how York has taken…
06 July 2014 Firm updates

Sunday 6th July, 2014 The Tour de France Riders as they breezed through York in a whirlwind of colour, emotion and drama. Published: July 2014
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