York - 
02 April 2025
Family Matters
Navigating family law matters can be challenging, especially when disputes arise over a child’s upbringing or living arrangements. Understanding your legal rights and obligations is crucial in ensuring the best outcome for your child. This guide outlines the key aspects of parental responsibility and Child Arrangements Orders (CAOs) to help you make informed decisions. Katie Armitage, Paralegal in the Family Law Team at Ware & Kay provides expert legal advice on parental responsibility and child arrangements. Parental Responsibility Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has in respect of their child. It includes important decisions about the child’s upbringing, including their education, medical treatment, religious teaching, and overall welfare. Who Has Parental Responsibility? The law governing parental responsibility is primarily set out in the Children Act 1989. The…
01 April 2025
Employment advice
Long-term sickness absence can be challenging for employers in a number of ways: not least the costs; the impact on the rest of the team; uncertainty about if and when the employee will return to work; and whether they will be able to cover all their previous duties. If the employee has a long-term condition, they may well be protected under the Equality Act 2010 as a disabled person, which means care should be taken to address reasonable adjustments that could be triggered on the employees return. Ignoring or not engaging with this process can prove costly, both financially and in terms of reputation. Employers need to deal with the employee supportively and appropriately, but what does this mean in practice? When do catch up calls become harassment, for example? ‘Having firm and transparent procedures for…
26 March 2025
Litigation
When you instruct a professional advisor you expect to receive a professional service and one which meets your needs. Unfortunately, this is not always the case. There are a number of things that can go wrong: the advisor may have failed to follow instructions or failed to either give correct advice or to advise on key issues and, as a consequence of this, you may suffer serious financial loss. You will inevitably want to be compensated for your financial loss and may consider bringing a professional negligence claim. In order to succeed in that claim you will need to be able to show that the professional owed a duty of care; that this duty of care has been breached and that the breach had caused a loss which was foreseeable. You are likely to also…
25 March 2025
Litigation
The simple answer is to use good signage on your land but how effective is this and what are the pitfalls? It is possible to gain rights over land, such as a right of way, by ‘long use.’ This is a complex and confusing area of law but put simply, exercising a right for at least 20 years, without interference can result in the creation of a ‘prescriptive right.’ The use has to be as of right or ‘without force, without secrecy and without permission’. So far as ‘without force’ is concerned, this means that the use cannot be contentious or allowed only under protest. Use will be contentious if the landowner has done everything within reason to contest or interrupt the use and sending a ‘cease and desist’ letter or erecting a sign will be…
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…
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