“One Day the Farm Will All Be Yours” – Grounds to challenge inheritance

As a child, I was oblivious to Uncle Len’s misfortune. During a lifetime of loyal service to the landowner, he was promised by the landowner, the land and house where he lived and worked, would be left to him in his employer’s Will. Uncle Len never doubted this promise and in reliance, failed to make provision, should he be let down. The trust placed in that promise, also took away his motivation to pursue better employment, or buy a house. When his employer died, his Will left Uncle Len nothing. He and my aunt had to leave the house which had been their home for decades, promised would be theirs one day. They did nothing further about it. How different my uncle and aunt’s lives might have been, if I could have passed on my knowledge…

Legacies and Wills – what are the risks?

Many of us like to include legacies in our Wills whether to family, friends, executors and /or to charities. Legacies can be general (often fixed sums of money) or specific (particular assets you own such as a house, items of jewellery or a share in a business.) On the face of it, including a legacy in a Will seems very straightforward. However, there are numerous issues which should be considered, some of which could result in beneficiaries losing out or even unintended inheritance tax consequences! Some areas to consider are as follows: 1. Fluctuating asset values. In the context of property and investments, values can fluctuate dramatically. The values might be significantly higher or lower at your death as compared to when you made your Will. If the same beneficiary inherits your entire estate, this isn’t…

Employers - let’s talk about pay

The subject of pay is always a hot topic and requires sensitive handling. Employees feel they need more, due to the rising costs of living, or believe they deserve more due to increased responsibilities or experience.  Meanwhile, employers are under pressure to cut costs while seeking to attract the best people with an attractive package.  ‘These conflicting tensions sometimes make it difficult to strike the right balance, so employers need to take care when looking at setting pay levels to ensure that your business is not vulnerable to a claim relating to equal pay or discrimination,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘There are a number of ways in which employers can avoid creating these risks and ensuring staff feel fairly treated when it comes to pay.’ Kalpesh highlights the risks…

Know the Laws of Menopause

Having a basic understanding of menopause and how best to support and be supported is in the interest of both employers and their staff. Although the menopause usually occurs between the age of 45 and 55, this is not always the case.  Due to a number of different factors a person can begin menopause earlier or later in life. Every person’s experience is different, so there is no right or wrong way to experience menopause. Menopause can also have an effect on colleagues in the workplace, for example if you notice that a co-worker’s behaviour is changing or they seem more forgetful. Menopause is a very natural part of life and being able to talk about this openly at work can really help break the stigma around it. A simple check-in with your colleague or a…

Divorce and the family farm: what lessons can be learnt from The Archers

Those avid Archers followers amongst you will be aware of Alice and Chris’s increasingly acrimonious divorce. For the rest of you, the storyline concerns Alice Carter (daughter of Brian Aldridge) who is a partner in her family’s farming business. Her husband Chris is the local farrier. One summer Chris and Alice went on holiday to Las Vegas announcing on their return that they had been married. Needless to say there was no Pre Nuptial or Post Nuptial Agreement and the farming business is now under a threat. The starting point in English law is an equal division of the matrimonial pot but a Court will take many considerations into account in deciding what a fair settlement would look like. Courts may be reluctant to order the forced sale of assets which threaten the future viability of…

Investigating employee misconduct: how to get it right

‘Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably believe that the employee is guilty of misconduct. A fair investigation is the cornerstone of a fair process and for establishing that it was reasonable to believe that the employee was guilty.’ Kalpesh explains how to get investigations right.   First things first, check your procedure Employers should have a disciplinary procedure that complies with the Acas Code of Practice on disciplinary and grievance procedures. If the dismissal results in an employment tribunal claim, the tribunal will assess whether you followed the code. If not, the dismissal is likely to be unfair and damages awarded…

Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm to a non-farming activity in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do tenant farmers go about trying to diversify and what does this mean for landlords? Agricultural tenancies usually permit the tenant to use the holding for agricultural purposes only and may contain restrictions on carrying out alterations and works to the holding. A tenant’s continued ignorance of the tenancy agreement and pursuit of diversification projects could result in the landlord recovering possession of the holding. If the tenant wishes to set up a new company to pursue diversification, the tenancy agreement will need to allow for assignment, subletting or sharing of occupation. The tenant should also consider if it needs to negotiate a…

5 amazing facts about UK employment law

Did you know that the right to a statutory maternity payment is so enshrined within UK employment law that it is even payable where the employee is dismissed for gross misconduct? Once the eligibility criteria for statutory maternity pay is met the employee is entitled to receive it for up to 39 weeks. This is even if the employee is made redundant, leaves the job, is dismissed for gross misconduct or if a fixed term contract comes to an end at any time after the 15th week before the baby is due. Statutory sick pay is payable for up to 28 weeks. However, did you know that if an employee comes back to work for 8 full weeks having been off sick for 28 weeks then he/she would be entitled to a renewed…

LPAs for farmers

Does your farm’s strategic planning include a lasting power of attorney? The agriculture sector is one of the riskiest to work in, with 23,000 people working in this industry suffering ill-health or a non-fatal injury each year according to Health & Safety Executive figures. As well as the hazards farmers face working with heavy machinery and vehicles, toxic chemicals and unpredictable livestock, they are also at risk when working at height, near pits or silos.  Farmers carry a heavy weight of responsibility on their shoulders, and if they become incapacitated and are unable to make decisions for themselves, it could be catastrophic for the farming business. Risk management is part of every strategic plan, and Laura Carter, Solicitor & agricultural law specialist at Pearsons & Ward Solicitors in Malton explains why an increasing number of farmers…

Divorce and the division of overseas assets

It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad.  ‘The term property in this context can cover houses, land or financial assets such as bank accounts or shareholdings in a business,’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘You or your spouse may hold this property jointly, or one or other of you may hold it in your sole name.  Either way during divorce the full detail of assets abroad must be disclosed.’ Valuation of foreign assets From a part share in a vineyard to your own Caribbean island, any assets abroad will be considered in…