Promotions and grading; an employer’s guide to the risks

Giving employees clear pathways and opportunities for promotion and increasing pay grades will help to improve performance and keep staff motivated and committed to your organisation. ‘These, along with fair and consistent practice, should reduce the risks of discrimination and an equal pay claim when promoting staff and rewarding employees with increased pay grades,’ says Kalpesh Nakeshree, Head of Employment with Ware & Kay incorporating Pearsons & Ward. Kalpesh warns that legal risks may arise in promotions and increasing grading and he highlights ways to address these. Discrimination risks Unlike most claims for unfair dismissal, employees do not need two years’ service to bring a discrimination claim. Where conscious or unconscious bias is at play in deciding who to promote, employers may be at risk of a claim for direct discrimination. For example, if the stronger…

Bridleways and public footpaths on farmland: a guide for landowners

Many parts of UK farmland have a public right of way running through them. For most farmers, bridleways or public footpaths will be a minor inconvenience, but for some they can amount to major thorn in the side. However, tempting as it may be to block off access to ramblers, horse-riders and cyclists that may interfere with your farming business, there are strict rules farmers must abide by when it comes to rights of way, as Andrew Little, Associate Director & Head of Malton office at Ware & Kay Solicitors incorporating Pearsons & Ward in Malton, explains. Under the Highways Act 1980, a public right of way is legally created if the public has used the path continuously for 20 years or more ‘without force, secrecy, or permission’. The landowner must not have done anything…

I have inherited a tenanted residential property with no written tenancy agreement: is this a problem?

It is surprisingly common for personal representatives dealing with properties or those who have inherited properties to find that they have been left with a headache: the deceased has let the property to a tenant but no paperwork can be found documenting the arrangement. Invariably there is also no evidence of other legal requirements having been complied with. The absence of a written tenancy agreement is not of itself a problem and, unless one of the statutory exceptions applies (such as where the property is let at a very low rent), then an assured shorthold tenancy or AST will still have been created and this can be terminated in the normal way by service of a ‘no fault’ notice seeking possession (a section 21 notice) enabling the property to be sold with vacant possession. Alternatively…

Budget 2024 update: buying more than one property

The Government’s 2024 Spring Budget saw significant changes to the way property is taxed, including the imminent abolition of multiple dwelling relief. This will primarily affect investors looking to buy multiple properties at the same time, however, it could also affect you if you are buying a property that comprises more than one unit, such as a house with a distinct annex. ‘If you are purchasing a property with a separate granny annex and multiple dwelling relief applies to your purchase, it can save you thousands of pounds in stamp duty,’ explains Holly Stevens, Director & Head of Residential Property with Ware & Kay incorporating Pearsons & Ward. ‘However, this relief will very shortly be abolished, so if you think an intended purchase may qualify, then speak to your solicitor as soon as possible.’ In…