Are you liable for the misdemeanours of your employees?

17 August 2021 Employment advice

What do the following have in common? A managing director punches an employee at a drinking session in the early hours; a self-employed doctor sexually assaults a bank’s prospective employees during pre-employment medical checks; a petrol station attendant violently assaults a customer, and an IT auditor releases personal data for staff at Morrisons? The answer: the employer was held liable for each of these incidents. In light of recent judgments showing the courts’ increasing willingness to find employers liable for wrongful acts towards employees and customers, Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, outlines the ways employers can be held to be liable and what employers should do to protect themselves. Discrimination and harassment If one of your employees discriminates against a job applicant, such as by refusing to recruit…

The implications of alcohol misuse and family arrangements

12 August 2021 Family Matters

While many adults drink alcohol responsibly, unfortunately there is a significant percentage of the adult population in England that misuse alcohol. Government statistics for 2020 show that over half a million adults in England were admitted to hospital, primarily due to excessive alcohol consumption. When misuse of alcohol is a factor in family breakdown, it can be a particular concern when there are children and arrangements need to be agreed for residence and contact. It is not uncommon that someone with an alcohol problem denies any problem exists, especially if they fear they may not get to see their children. Meanwhile, the other parent will be concerned and fret over the safety of their children in their former partner’s care. ‘The issue of concern for any court looking at arrangements for children is not so much…

Why farmers should have Lasting Powers of Attorney in 2021

12 August 2021 Farming & Agriculture

With the death count from Covid-19 now topping 152,000 and an estimated two million people suffering from long Covid in the UK, people’s worries about what would happen if they become incapacitated have been thrown into sharp focus. Being rendered unable to work is a particular worry for farmers as the successful management of a farm takes a lot of hard (and often physical) work. It is vital for farmers to put measures in place to ensure the continuing success of their farming business in case they fall ill or are unable to carry on working. A good measure is to have a Lasting Power of Attorney (LPA) drawn up, which allows you to nominate someone to run your affairs while you are out of action. Laura Carter, private client law specialist at Pearsons & Ward…

Combining digital and personal services will help your next home move complete smoothly

04 August 2021 Residential property

From estate agents offering virtual viewings to the Land Registry working remotely, the accelerated use of technology has helped us move home safely despite the pandemic, but there is no substitute for the personal touch. ‘While many things have moved online, and the Government is planning to digitise more services, having personal contact with your conveyancing solicitor ensures that you have the best of both worlds,’ says Holly Stevens, Head of Residential Property with Ware & Kay who highlights some of the recent developments in the residential property sector and how we can help you with your next home move. Choice of communications Once you have chosen your next home, you will want to get things moving quickly. So, it is important we can discuss your needs and send out the initial documents promptly. The best…

Senior executive departure - tips for a smooth exit

03 August 2021 Employment advice

Despite all your best efforts to recruit and retain the right key executives, sometimes things just do not work out as planned and it becomes evident that it will be necessary to part company. ‘Managing the departure of a senior executive carefully, and within the law, will reduce the risk of a tribunal claim, protect your business’s customers and reputation, and should ensure as little disruption as possible’, says Gillian Reid, a Solicitor in the employment team with Ware & Kay who looks at the main areas for employers to address when it is time to say goodbye. First step: check the agreements Collect the suite of documents that set out the executive’s rights and obligations on departure. These may include: the contract of employment or service agreement; commission or bonus agreements; and corporate documents…

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