York - 
02 February 2022
Employment advice
At some point, many businesses will receive a tribunal claim against them from an employee, former employee or even an applicant. Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible. This article runs through what happens at the start of the process, sets out what to do to help prepare the defence, and gives tips on how to keep down legal costs. Acas early conciliation An employment tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger early conciliation. Early conciliation lasts up to six weeks, during which time Acas mediate between you and the individual to try to settle the potential claim against your business. If the conciliation is unsuccessful, the individual…
02 February 2022
Residential property
One in five landlords plan to sell, citing increased regulation and less favourable tax treatment as reasons, according to a recent survey by a leading building society. ‘If you have a tenant, a key decision will be whether to sell with them in place or with vacant possession,’ says Tracie Middleton, Solicitor in the Residential Property Team with Pearsons & Ward in Malton (part of Ware & Kay Solicitors). ‘Talking to your professional advisors can help you weigh up all the pros and cons, and plan for the additional things to consider if you want your transaction to go smoothly.’ You can sell your property subject to the existing tenancy, which means your buyer will effectively step into your shoes as landlord. In contrast, if you sell with vacant possession, you must ensure your tenants leave…
28 January 2022
Family Matters
After being considered, debated, postponed again, no-fault divorce is set to come into force in April 2022 – but what does it mean for divorcing couples in the future? The current law As the law stands, married couples who want to divorce as quickly as possible can only do so by relying on one of two reasons; adultery or unreasonable behaviour. Any couple wishing to avoid the allocation of blame is required to wait at least two years, and even then they will need one another’s consent. If you think this does not sound like a very productive approach, you are not alone – the no-fault divorce has been hailed by many as a very welcome change. What’s changing? The no-fault divorce will enable couples to avoid allocating blame to either party, but the changes do…
27 January 2022
Wills and estates
At present, gifts to charities in your Will are exempt from inheritance tax and would be taken off the value of your estate before inheritance tax is calculated. Leaving money to charity in your Will could also reduce the rate of inheritance tax you pay. The reduced rate of inheritance tax was introduced by the Government in 2012 in order to encourage people to leave money to charity in their Wills. If the estate qualifies, it reduces the inheritance tax rate which is charged from 40% to 36%. To qualify, at least 10% of your net estate (or baseline amount) must be left to a charity or charities. The net estate is, generally speaking, the value left after the inheritance tax nil rate band (which is currently £325,000 and frozen at that level to 2026 or…
20 January 2022
Litigation
As a child, I was oblivious to Uncle Len’s misfortune, writes Julie Bradwell, Solicitor with Ware & Kay. During a lifetime working on the land and loyal service to the landowner, he was promised, by his employer, the land and house in which he lived, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust he placed in that assurance of future inheritance, also took away his motivation to pursue other opportunities for better employment, training, or further education. When his employer died, his Will left nothing to my uncle. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about…
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