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Wetherby 01937 583210
Malton 01653 692247
Legal updates

02 April 2019 News

While the right to 28 days’ paid holiday was a welcome addition to workers’ rights, employers have been less enthusiastic about the complicated development of the rules, particularly if staff work irregular hours or their pay packets include commission or bonus payments. With the law being so hard to navigate, it is easy to unwittingly miscalculate holiday pay or to wrongly deny your employees the right to carry forward holiday. This could leave you exposed to an employment tribunal claim for back pay. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, summarises how to work out holiday pay, when workers can carry forward holiday and how to manage rolled-up holiday pay. She also takes a look at how things may change in the future. Calculating holiday pay Calculating a week’s or…

02 April 2019 Litigation

If you are separated or divorced, you will probably have an arrangement with your ex-partner dealing with where your children live and how often they see their other parent. However, a specific issue might arise not covered by this agreement and on which you do not see eye to eye, for example if one of you wishes to relocate and the other objects. Discussing the issue with a family solicitor as soon as it arises will help you reach an amicable solution. Robert Bellhouse, family solicitor with Ware & Kay in York & Wetherby explains more. Disagreements relating to children Both parents usually have parental responsibility for their children, which means a child’s mother and father both have a duty to make important decisions about how they are raised, educated and looked after. Even parents who…
20 March 2019 News

Farming is an ever-evolving business, with needs and demands often dictating that the use of the land requires change. You may want to erect new structures, change the way fields are used, or even sell off part of the land to developers. However, such plans can often be dealt a blow by the existence of a restrictive covenant – a contractual obligation which regulates what the landowner can or cannot do with their land. Andrew Little, Commercial Property Solicitor and agricultural property law specialist at Pearsons & Ward in Malton explains what a restrictive covenant is and how you can go about changing or removing them to allow you to use your land as you wish. Restrictive covenants are usually written into a transfer deed between the buyer and seller when a piece of land…
19 March 2019 News

I want to make a Will – do I need to see a solicitor, or can I make it myself? Although it is possible to make your own Will, perhaps using an online form or buying a template from a shop, this doesn’t offer the peace of mind of seeing a solicitor who specialises in advising on Wills - and if you make your own Will then it may not do what you think it does. Here are three reasons to instruct a solicitor to prepare your Will: 1 – To ensure that your wishes are followed The instructions in a Will must be written clearly and carefully - if they are not then this can cause uncertainty - this may mean that your wishes are not followed, and lead to disagreements and expense after…
20 February 2019 News

Agriculture, forestry and fishing is the UK’s most hazardous industry to work in according to Health & Safety Executive figures, with 13,000 workers injured in the sector each year and 17,000 suffering from work-related ill health. Apart from the inherent risks involved, running a farm is hard work, with a particularly heavy burden falling on those at the helm. With so much at stake, it is therefore essential to draw up contingency plans to ensure your business continues to thrive should you be unable to work due to injury or illness. One way of doing this is to have a financial lasting power of attorney which allows you to nominate someone to run your affairs while you are incapacitated. Lynne Smith, Private Client Lawyer and part of the agricultural law team at Pearsons & Ward Solicitors…
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