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17 March 2025 Employment advice

Losing staff is expensive. Recruitment costs, lost productivity, and training new employees can far outweigh the investment required to retain existing staff. ‘A well-drafted employment contract, combined with modern workplace policies, can significantly improve staff retention—particularly when it comes to Generation Z’, states Jessica Gowar, Head of Employment at Ware & Kay Solicitors with offices in York, Wetherby & Malton. Understanding Gen Z in the workplace Gen-Z, those born between 1997 and 2012, are sometimes perceived as "difficult" employees. In reality, they simply have different workplace values and clearer personal boundaries than previous generations. The World Economic Forum predicts that by 2030, Gen-Z will make up approximately one-third of the global workforce. Employers who adapt their approach now will have a competitive edge in securing and retaining top talent. Key areas to focus on include…
17 March 2025 Farming & Agriculture

With Spring underway, many rural businesses are thinking ahead to the coming tax reforms, particularly concerning inheritance tax and capital gains tax. While the full details are expected in Summer 2025, now is the ideal time to review not just your tax position, but also your legal arrangements as a whole. “One of the most common causes of delay in succession planning or business transactions is uncertainty over property ownership and legal documentation,” says Sarah Parker, Head of Agriculture at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton. “This can create significant challenges, particularly in rural estates where land has been passed down through generations. Unwritten agreements, missing title deeds, and unclear ownership records can slow down transactions, increase costs, and lead to unexpected disputes”. Key areas to review Title Deeds…
12 March 2025 Family Matters

If you have been presented with a prenuptial agreement (often referred to as a ‘prenup’) hopefully this is not a surprise to you, as it is now seen as a sensible measure for many couples. However, you may be wondering if you have to agree to everything set out in the document, or how strong your negotiating position is if you want to propose changes to some of the terms. ‘Planning a wedding is exciting, but it can also bring up some important financial conversations, such as whether to have a prenuptial agreement,’ says Samantha Sinclair, Head of Family Law with Ware & Kay. ‘It is important that you understand and agree to all terms of the agreement. There are some crucial points to consider before you contemplate signing one.’ Do I have to sign…
11 March 2025 Firm updates

  You are invited to the official launch of our Employers Support Scheme, designed to provide essential guidance and support to employers. This is a FREE event. Date: Thursday, 8th May 2025  Time: 5:00 pm – 7:00 pm   Venue: Ware & Kay, Sentinel House, Peasholme Green York YO1 7PP    What to expect: Employment Law Update – Gain key insights from Jessica Gowar, Head of Employment, on the latest legal developments affecting employers Networking – Connect with like-minded professionals and meet our team  Wine & Nibbles – Enjoy refreshments in a relaxed setting  This exclusive event is tailored for corporate and commercial clients who are employers. Don’t miss this opportunity to gain valuable insights and expand your professional network. Parking information For those travelling by car, we recommend using the Foss Bank Car Park (14…
04 March 2025 Residential property

If you own a leasehold property, on a day-to-day basis you may not notice any differences from owning a freehold. However, leasehold means you do not own your property outright, only the right to occupy it for a set number of years. Your property is therefore a depreciating asset. The difference between owning a leasehold property and a freehold one may be most apparent when you plan to sell it, especially if you have 90 years or less left on your lease. The fewer years left on your lease; the more difficult selling can become. ‘Selling a property with a short lease can be challenging,’ agrees Holly Stevens, Director and Head of Residential Property with Ware & Kay. ‘However, it should not prevent you moving home provided you get the right advice and plan ahead.’ Holly…
04 March 2025 Litigation

There are more than 700,000 step-families in the UK, according to the most recent figures from the Office for National Statistics. Sadly, there has been significant growth in the number of inheritance disputes between first and second families, with stepchildren having several routes to challenge their parent’s Will. ‘Most children expect to receive an inheritance from their parents and while they may worry about this from time to time, they are usually more concerned that their parent is happy and is not lonely,’ says Julie Bradwell, Associate and C.T.A.P.S. Registered Contentious Trust and Probate Specialist in the Litigation Department with Ware & Kay Solicitors. ‘However, when that parent dies, unless they left a valid Will with specific bequests to the children of their first marriage, those children may become disgruntled if they see you are due…
04 March 2025 Employment advice

If you are starting a business from scratch or expanding and you need people to work for you, your first crucial decision is whether to use employees on a fixed term basis or engage self- employed free lancers. The choice will depend on various factors and each status has disadvantages and advantages, but the difference between the two is crucial as not all contracts say what they mean. ‘Understanding the difference in employment status is important as this determines your legal obligations. The differences can be subtle, and it can be all too easy to fall into the trap of treating a freelance worker as an employee, and visa versa,’ says Jessica Gowar, Head of Employment with Ware & Kay. This can lead to misunderstandings between you, and can leave both parties in vulnerable positions. It…
04 March 2025 Family Matters

Moving in with a loved one is an exciting time and the last thing on your mind is likely to be the seemingly unromantic notion of making a plan for what should happen to your finances, property and children while you live together or if you split up or die. ‘However, if you plan to stay together for the long term then it is worth discussing the potential benefits of a cohabitation agreement,’ says Samantha Sinclair, Head of Family Law with Ware & Kay. ‘Cohabitees do not enjoy the same automatic legal rights as a married couple when a relationship breaks down, which can lead to financial uncertainty and the potential for a costly dispute.’ It is sensible for an unmarried couple to have a cohabitation agreement – which is a legally binding document if…
26 February 2025 Employment advice

Finding, and retaining good, loyal and reliable employees is a challenge for every employer – but especially so for farmers since Brexit, according to a survey commissioned by Arla in 2024, which states that famers are now paying more for their staff, in addition to increased stock and running costs. In addition to Brexit, the Employment Rights Bill may bring further contractual issues as most farm employers typically use a combination of full time, fixed term employees, agency workers and seasonal workers on zero hours contracts. Jessica Gowar, Head of Employment at Ware & Kay incorporating Pearsons & Ward warns that “Soon, zero hours contracts will be considered to be exploitative and therefore will be banned, so farmers need to act now to stay ahead of the curve, and protect themselves from potential problems and employment…
18 February 2025 Litigation

In a recent case of Khan and another v D’Aubigny the Court of Appeal considered a decision made by Wandsworth County Court in which Dr Kameel Khan and his wife Mrs Julia Khan (the Khans) were the landlords of a flat which they let to Mrs Elena D’Aubigny (the tenant) under an AST. The Khans served a S21 notice on the tenant and then applied for possession of the flat. For tenancies that started on or after 1 October 2015, a landlord cannot serve a valid section 21 notice if they have not given the tenant a copy of the current gas safety certificate and a valid energy performance certificate (EPC) together with the ‘How to Rent’ booklet before giving notice. The Khans said that their solicitor had posted copies of the documents to the tenant…
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