Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if…

Easing your inheritance tax liability

As farming families frequently rely on the natural succession of the farm, where ownership is passed down through the generations, every care must be taken to avoid a hefty inheritance tax bill. The first step is, of course, to ensure that you have a valid and up-to-date Will to ensure that the legal ownership of the land and business assets used in running the farm pass to your chosen relatives or other beneficiaries. In addition, your Will should be drafted smartly to ensure that it makes use of every available opportunity to ease inheritance tax liability – particularly with regard to the use of agricultural and/or business property reliefs. Another such measure that was only introduced in 2015 is the residence nil-rate band. Laura Carter, specialist agricultural Wills & Probate Solicitor at Pearsons & Ward…

Why would anyone want a postnuptial agreement?

The discovery of an affair, concern about an inheritance being squandered or pressure to protect your business interests are all reasons to consider making a postnuptial agreement.  Like a prenuptial agreement, a postnuptial agreement can be used to agree in advance what should happen to assets owned by you and your spouse or civil partner should the relationship fail.

Redevelopment and excessive user of a right of way

In the recent case of Stanning v Baldwin the Court was asked to consider a number of issues one of which as to whether the redevelopment of the Claimant’s property and construction of 4 houses would lead to an intensification of use of a right of way over a land owned by the Defendants. The Claimant, Glynis Stanning, owned The Coach House, access to which was over an unsurfaced and unadopted track over Gerrards Cross Common near Slough, a local beauty spot registered as common land. The track was the sole means of vehicular access and the right of way arose by prescription. In 2017 the Claimant obtained planning permission to demolish the Coach House and to erect four terraced houses, with underground parking for nine cars and with access to continue over the…