Spring 2022 - Employment law update for employers

April is usually the month when the Government introduces new employment legislation, and in recent years has announced its commitment to introducing significant new rights, such as neo-natal leave and a duty to prevent sexual harassment in the workplace. ‘While there are very few big changes this April, employment law remains a fast-moving area of law,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors. He explains the key changes employers need to know about this year and looks back at recent developments. Closure of the Statutory Sick Pay (SSP) rebate scheme Employers are no longer able to claim back SSP for coronavirus-related absences or periods of self-isolation after 17 March 2022. The usual SSP rules now apply with employees being entitled to SSP from the fourth qualifying day of absence. Repeal of…

Key considerations when helping your children onto the property ladder

First-time buyers today must find, on average, a deposit equal to a year’s salary. With almost half relying on parental assistance, the ‘Bank of Mum and Dad’ has never been so popular. House price affordability and the phasing out of the Help to Buy scheme make this trend set to continue. It is natural to want to help your children onto the property ladder if finances permit. However, if you are considering making a financial contribution, get the right professional advice first and ensure the agreement is documented to reduce the risk of problems arising later. Plan for the long term If you have built up savings, you may prefer to help your child now rather than pass on those assets through inheritance, but it is important to make sure you will still have enough left…

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…