Employment Law Newsletter March 2022

This article covers: 1. Horseplay and Vicarious Liability 2. Holiday pay and the Gig Economy 3. The Great Resignation 4. Climate Friendly Employment Contracts 1. Horseplay and Vicarious Liability Mr Heath detonated two explosive pellets close to Mr Chell causing injury to his hearing. This happened in the workplace, namely on the premises of Tarmac. Were Tarmac vicariously liable as employer? In the case of Chell v Tarmac, Mr Chell claimed they were. He cited a history of friction between fitters employed directly by Tarmac, and others by Roltech – rivalries arose. The potential vicarious liability of an employer is relevant where an employee causes injury in the context of work. Obviously employers, being insured, have deeper pockets than employees so the injured party will often look to the employer for recompense.  Mr Chell considered there…

DNA testing in a family law dispute

A proposal for DNA testing of family members can arise in a number of circumstances, most commonly where there are questions over paternity (although occasionally maternity is tested too), when establishing contact and residence, or when determining a biological father who is liable to pay maintenance for a child.  The question may also arise if changes are to be made to a child’s birth certificate or surname, or if one parent is seeking to move overseas with a child or have their child settle in the UK with them.   ‘It is important for the child to have certainty over paternity as this has an impact on their welfare’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘Emotional wellbeing may suffer from not knowing one side of their family, and there…

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even if your employee is guilty of misconduct or their job is clearly redundant, you still need to take care when dismissing. An employment tribunal will also decide if the dismissal was fair in all the circumstances. It is crucial that employers follow the right steps to ensure dismissals are fair or the employee could bring a successful claim for unfair dismissal.  Our article highlights pitfalls to avoid and ways businesses can minimise risks. Why is the procedure so important? When deciding if it was fair and reasonable to dismiss the employee, employment tribunals examine the procedure followed by the…

Bridging to buy a new home

Recent reports in the financial press suggest more homebuyers are taking out bridging loans so that a purchase can proceed before they have sold their existing property.  A shortage of supply in sought-after locations has made some buyers reluctant to lose a property that they really want. If you are selling your home and buying another, you will usually aim to complete the two transactions back-to-back. You can then use the income from your sale to fund your purchase, and there is generally a chain of interdependent transactions where each buyer, except the one at the bottom of the chain, relies upon selling their own property before they can proceed. ‘Taking a loan, which helps you bridge the gap between acquiring your new home and later completing the sale of your old one, can let you…

A smoother path to divorce from April 2022

Once you have decided that your marriage is over and you have taken the first step towards divorce or dissolution of a civil partnership, most people would like to be able to complete the formalities as quickly and smoothly as possible.  However, the historic laws of divorce have meant that the process could often be confrontational and one partner could refuse to cooperate. Such was the situation in the recent case of Owens v Owens where the argument centered on whether Mr Owens had behaved in such a manner that it was unreasonable to expect his wife to continue to live with him.  The court found that his behaviour did not meet the legal standard for unreasonableness, and the only option for Mrs Owens was to wait until they had been separated for five years. Mrs…

Why a Will is important

Surveys suggest that between 50% and 60% of adults in the UK have not made a Will. This means that a significant part of the population are relying on the intestacy provisions (the rules which govern the distribution of your estate if you have not made a Will) to distribute their money, property and possessions as they would wish. This will not always be the case. Writing a Will gives you control and allows you to choose not only who receives your estate but who will be responsible for carrying out your wishes. A Will can do much more and can be used to appoint guardian(s) for your children, protect vulnerable beneficiaries, benefit charities and, depending on the circumstances, stop you from paying more inheritance tax than you need to. It also prevents the arguments which…

Branching out down on the farm

The agricultural industry has faced hardship in a number of ways over the last few years, with the rising prices, labour shortages and supply issues caused by both the UK’s exit from the European Union and the Covid-19 pandemic increasing the suffering of farmers even further. Little wonder then, that entrepreneurial farm owners are looking to branch out and change the use of existing agricultural buildings on their land to put them to more profitable use in a bid to survive in the modern age. Like other types of property, you will often need planning permission if you want to change how you use your land or buildings from farming to something else, or you want to build a house on the land. However, as Tracie Middleton, Property Solicitor and agricultural law specialist at Pearsons…

Pearsons & Ward Solicitors supports Malton & Norton Rugby Union Club

Pearsons & Ward Solicitors, is proud to be supporting local rugby club Malton & Norton RUFC by sponsoring the home match against Scarborough on Saturday 12th February, kick-off 2.15pm. Pearsons & Ward (part of Ware & Kay Solicitors Ltd with offices in Malton, York & Wetherby) have always enjoyed a strong working relationship with Malton & Norton Rugby Club for many years and are delighted to show their ongoing commitment by providing match-day sponsorship. William Browne Club Chairman of Malton & Norton RUFC said “We are really looking forward to welcoming the team from Pearsons & Ward along with guests to our home game against Scarborough on Saturday.  Our association with this local firm of Solicitors goes back to the founding of our club in 1953 and we continue to value their support. As they…

Can I divorce my abusive spouse?

Sadly, if you are experiencing abuse in your marriage, you are far from being alone   with research suggesting that as many as one in four women and one in eight men will experience it at some point.  ‘Ending an abusive marriage will mean not only leaving your spouse, but also formally divorcing them,’ says Robert Bellhouse family law expert with Ware & Kay in York & Wetherby. ‘This is a daunting but important step, as studies have shown that abusive partners do not often change their ways and so your circumstances are unlikely to change if you remain in your marriage.’ As well as guiding you through the legal process of divorce, we will be on your side providing practical advice too.  We are connected with a wide range of support services and can introduce you…

Receiving an employment tribunal claim: what to do next

At some point, many businesses will receive a tribunal claim against them from an employee, former employee or even an applicant. Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible. This article runs through what happens at the start of the process, sets out what to do to help prepare the defence, and gives tips on how to keep down legal costs. Acas early conciliation An employment tribunal claim usually does not come out of the blue. In most cases, the employee must contact Acas first to trigger early conciliation. Early conciliation lasts up to six weeks, during which time Acas mediate between you and the individual to try to settle the potential claim against your business. If the conciliation is unsuccessful, the individual…