York - 
03 February 2023
Employment advice
‘Performance management can be challenging and time-consuming,’ according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘The first challenge is to determine if this is a capability issue that needs to be addressed under a performance management procedure, or if it is a conduct issue to be dealt with under the disciplinary process. As a rule of thumb, capability relates to the employee’s abilities and competence, whereas conduct involves carelessness or laziness.’ ‘It is important to get this right to make sure you follow the right procedure and increase the chances of any dismissal being fair. Kalpesh Nakeshree outlines the performance management process, looks at common problems and highlights some alternative options. Key steps The purpose of a performance management policy and procedure is to give the employee the opportunity to improve…
02 February 2023
Family Matters
As recognised by Article 8 of the Human Rights Act 1998, everyone has the right to a private and family life, which includes having the right to change their name, without justification, providing that it is not for any frivolous such as a bet or fraudulent reason such as to avoid paying a debt. There are several reasons why you might want to change your name including (but not limited to): To double-barrel your name after entering into a marriage or civil partnership; To bring a family together, for example, a step-family To reflect your gender; You dislike your current name; or Your name was registered incorrectly. What changes can I make to my name? The changes that you can make to your name include changing your forename, middle name(s) or surname…
24 January 2023
Wills and estates
While purchasing a home with your partner can be an exciting prospect, it's important to consider the legal ramifications, especially in the case that one of you passes away. If you are not a lawyer, it is especially crucial because there is a lot of legal jargon that could make things complicated to understand. Ex-judge and author, Stephen Gold has spoken at length on the matter. He said: If you are joint tenants, when one of you dies during ownership, their interest automatically passes to the other - which could mess things up. For example, your Will may have gifted your interest to your children. That won't count. But if you own as tenants in common, you are each free to gift your interest to a third person although you can still gift to the other…
16 January 2023
Litigation
Sometimes we need to make a financial decision that is of such importance we decide to pay for professional advice. This may be from an accountant, a tax specialist, a pensions expert, a mortgage consultant, an independent financial advisor, a land valuer or surveyor, or even a lawyer offering financial or tax planning services. By seeking professional input, we aim to arm ourselves with the information needed to ensure that the decisions we make are well-informed and that they are geared towards helping us to safeguard or improve our financial fortunes rather than making them worse. So where do you stand if you discover, possibly months or even years down the line, that the advice you have been given may be wrong or inappropriate and where it is likely that your financial interests have been harmed…
13 January 2023
Wills and estates
Research commissioned by SFE (Solicitors for the Elderly) and Ware & Kay Solicitors shows 67% of parents in Yorkshire have no legal plans in place to make sure their children are looked after, should the parents die. According to the research, parents in the region are almost completely unaware of the risks of not identifying a legal guardian in a will. Only one out of ten of parents understand that social services or the courts can step in to decide what happens to your children if you don’t have a will in place. SFE, a membership body of over 1,700 UK solicitors specialised in advising people planning for the future, is calling on parents to make sure they have an updated Will in place ahead of Update Your Will Week 2023 (23rd – 29th January). Sian…
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