Fanfare for common land – what rights can be exercised over it?

Large swathes of beautiful North Yorkshire are made up of ‘common land’, a concept dating back to 1215 which allowed ‘commoners’ the right to take or use something produced naturally on land belonging to someone else. Andrew Little, Commercial Property Law and Agricultural specialist at Pearsons & Ward in Malton (part of Ware & Kay) explains the rights and obligations associated with common land. These ancient rights still exist today, with common land currently accounting for around three percent of England. A right of common can be: pasturage – the right to put livestock out to feed on the land; pannage – the right to put pigs out to feed in wooded areas of the land; estover – the right to take specific timber products from the land, such as firewood; turbary – the right…

Employment Law Newsletter March 2022

This article covers: 1. Horseplay and Vicarious Liability 2. Holiday pay and the Gig Economy 3. The Great Resignation 4. Climate Friendly Employment Contracts 1. Horseplay and Vicarious Liability Mr Heath detonated two explosive pellets close to Mr Chell causing injury to his hearing. This happened in the workplace, namely on the premises of Tarmac. Were Tarmac vicariously liable as employer? In the case of Chell v Tarmac, Mr Chell claimed they were. He cited a history of friction between fitters employed directly by Tarmac, and others by Roltech – rivalries arose. The potential vicarious liability of an employer is relevant where an employee causes injury in the context of work. Obviously employers, being insured, have deeper pockets than employees so the injured party will often look to the employer for recompense.  Mr Chell considered there…

DNA testing in a family law dispute

A proposal for DNA testing of family members can arise in a number of circumstances, most commonly where there are questions over paternity (although occasionally maternity is tested too), when establishing contact and residence, or when determining a biological father who is liable to pay maintenance for a child.  The question may also arise if changes are to be made to a child’s birth certificate or surname, or if one parent is seeking to move overseas with a child or have their child settle in the UK with them.   ‘It is important for the child to have certainty over paternity as this has an impact on their welfare’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘Emotional wellbeing may suffer from not knowing one side of their family, and there…

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even if your employee is guilty of misconduct or their job is clearly redundant, you still need to take care when dismissing. An employment tribunal will also decide if the dismissal was fair in all the circumstances. It is crucial that employers follow the right steps to ensure dismissals are fair or the employee could bring a successful claim for unfair dismissal.  Our article highlights pitfalls to avoid and ways businesses can minimise risks. Why is the procedure so important? When deciding if it was fair and reasonable to dismiss the employee, employment tribunals examine the procedure followed by the…