Top Tips For Employee References

References are a delicate area for employers; you want to be helpful to staff by providing references for them but you do not want to be held liable if you get it wrong.  Gillian Reid, employment law solicitor at Ware & Kay in York, Wetherby & Malton clarifies whether you have to give a reference, your liability as an employer, what you can and cannot say and what to do when requesting a reference. Do you have to provide a reference? There is no legal obligation to provide a reference unless an employee's contract of employment states that they are entitled to one or the employee is employed in a regulated industry, such as the financial services sector.  You can refuse, but a refusal could be seen as discrimination if you normally give references and…

Settlement Agreement Lawyers' Guide - Using Settlement Agreements To Resolve Employment Issues

Settlement agreements are legally binding contracts in which one person, usually an employee, agrees to waive their rights to bring a claim in the employment tribunal or a court in return for another person, typically their employer, agreeing to do something, such as paying them a sum of money and agreeing to give them a reference. As Kalpesh Nakeshree, employment lawyer at Ware & Kay in York, Wetherby & Malton explains, used properly settlement agreements can be an effective tool for dealing with workplace problems in a discrete and controlled way: 'If you have an issue with an employee or someone else who works for you, negotiating a mutually acceptable resolution is often the best way to deal with things.  Recording the terms of that resolution in a settlement agreement ensures there can be no…

Planning Ahead With Wills And Lasting Powers Of Attorney

Planning ahead is the key to making life for you and your loved ones as easy as possible; this should include thinking about making a Will and Lasting Powers of Attorney. Making a Will There are many reasons to make a Will, including: To avoid the intestacy rules (which provide for certain relatives to benefit when someone dies without a Will) - for example, to benefit an unmarried partner; To make sure your personal belongings go to the people you choose; To appoint guardians for minor children; To leave a gift to a charity; Inheritance tax planning.   Lasting Powers of Attorney (LPAs) LPAs let you appoint people you know and trust to make decisions on your behalf and enables you to give guidance to those people on how decisions affecting you should…

The Importance Of Having A Power Of Attorney

Powers of attorney are useful if you need someone to make decisions on your behalf.  This may just be temporary (for example, to ensure that bills are paid if you were in hospital) or more long-term (for example, if you have been diagnosed with dementia). What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions for you.  There are two types of LPA, 'Property and Financial Affairs' and 'Health and Welfare', and you can create one or both.  The Property and Financial Affairs LPA allows your chosen attorneys to operate your finances, for example to mange your bank accounts and pay bills.  The attorney can act while they have mental capacity (if you consent) but also if you lose mental capacity. A…