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Wetherby 01937 583210
Malton 01653 692247
Legal updates

15 November 2021 Family Matters

If you and your partner have separated, you will be keen to start your life afresh and may wondering whether you can change the locks on your house. This may be particularly appealing if the relationship breakdown has been acrimonious and you have concerns that your former partner will turn up unannounced, remove belongings while you are out, or cause a nuisance. You may even have concerns for your safety. ‘While it can be unsettling, it is important that you do not change the locks without seeking legal advice’ explains Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby ‘as the legal position varies depending on your circumstances’.  For married couples If you are married, then the starting point is that your spouse has a legal right to enter their matrimonial home…

09 November 2021 Wills and estates

The risks with informal arrangements Families sometimes rely on informal arrangements as a way of making provision for their disabled children after their death.  For example, a parent may have made a simple Will specifying that another family member is to be the beneficiary instead of the child themselves, on the assumption that the third party will use the inheritance to benefit the child.  Unless a formal arrangement such as a Will Trust is created, there are many reasons why you may want to reconsider relying on an informal arrangement: Inheritance Tax. Depending on the size of the beneficiary’s own estate, there may be adverse tax consequences for them both in terms of receiving funds from your estate and subsequently making regular gifts to benefit your child. When the third party beneficiary dies, any inherited…
04 November 2021 Employment advice

How do I know my job is really redundant? A redundancy situation occurs where: A business closes or relocates, or an employer decides to shut down its business. A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories. An employer needs fewer employees to carry out a particular type of work. If at least one of the above does not apply then there may not be a genuine redundancy situation and you may have a claim for unfair dismissal. Have I been unfairly dismissed? To ensure that a dismissal for redundancy is fair, your employer must establish that: It is the real reason for your dismissal; and Your employer acted reasonably, in all the circumstances of the case, in treating…
04 November 2021 Family Matters

If you cannot reach an agreement with your former partner about arrangements for your children, one of you may apply to the family court for an independent decision.  The courts have a wide range of powers in deciding where a child should live and how often they should see each of their parents.  In most cases, a court will want to preserve a relationship between a child and both of their parents, even if it recognises that one parent’s behaviour is far from ideal.  ‘Understandably this can sometimes be difficult to accept, especially if your relationship with your partner has disintegrated and you have serious concerns about your child’s safety,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘However, if you fail to follow the orders of the court or…
04 November 2021 Employment advice

A Settlement Agreement is a legally binding contract between you and your employer to terminate your employment on agreed terms for a clean break with no opportunity for you to take them to court or a tribunal for more money. They are used for different reasons, the most common is if you are being made redundant. An enhanced sum may be offered in exchange for the employer not undertaking a fair process. Compensation for loss of office The Settlement Agreement will detail the payments due to you. Up to £30,000 compensation can be paid tax free if it is genuine compensation for losing your job. Notice payment If you don’t work your notice you can be paid in lieu subject to tax and National Insurance deducted. Bonus/commission These payments should be included in the agreement. As your…
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