Making Your Wishes Clear In 2018

For many of us, the start of a New Year is an opportunity to remember the events of the previous year and to consider plans for the future. Whilst it probably wouldn't be the first thing you think of, it may also be a good time to think about making a Will for the first time or reviewing an existing Will. Some of the reasons you may want to think about your Will are: 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   If you already have…

Challenges Of The Festive Season An Employer`s Guide

Goodwill may be in short supply when you start to receive a flurry of holiday requests for the Christmas and New Year period or if winter travel disruption leaves you short staffed. The Christmas party could also end in more than just a hangover if clashes between co-workers result in claims of assault, if unwanted attention leads to allegations of sexual harassment or posts on social media damage your reputation. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York, Wetherby & Malton explains how planning ahead for the festive period can help to reduce any risks to your business. Holiday requests Some employers take a first come, first served approach to holiday requests for the festive period, but this may not be seen as the fairest approach, particularly if you also have…

Disability In The Workplace

Employment tribunal claims for disability discrimination can lead to the imposition of huge financial penalties for employers.  It therefore pays to be aware of your responsibilities to disabled persons under the Equality Act 2010. From determining whether it is discriminatory to ask a job applicant about their health and abilities, through justifying a refusal to allow a disabled worker to opt out of shift working, to dismissing a disabled employee for high rates of disability related absence - consideration of the law relating to disability discrimination is needed at all stages of the employee life-cycle. Gillian Reid, Employment Law Specialist at Ware & Kay Solicitors in York, Wetherby & Malton , outlines the key principles and ways to reduce the risk of claims. What is a disability? For the purposes of the Equality Act, a…

Should Voluntary Overtime Be Included In Holiday Pay

The issue of how to calculate holiday pay has rarely been out of the news in the last few years with a steady stream of case law on the topic.  This time we turn our attention to an issue on which there has been little guidance: voluntary overtime. Gillian Reid, employment law specialist at Ware & Kay in York, Wetherby & Malton , advises on whether you should include voluntary overtime in your holiday pay calculations. Compulsory overtime In Bear Scotland Ltd v Fulton 2014 the Employment Appeals Tribunal decided that employers have to take into account compulsory non-guaranteed overtime payments when calculating holiday pay in respect of the four weeks' annual leave given by the Working Time Regulations 1998 (WTR).  So, if you do not guarantee overtime but your employee must work it if…