Leading Law firm strengthen team with new appointment

Expanding law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of well-known leading Corporate and Commercial Solicitor, David Silver to join the Corporate and Commercial Services Team. David brings with him a wealth of experience in corporate and commercial law both in the UK and overseas.  David is widely recognised for his experience in handling complex cases and providing advice in all aspects of company and business sales together with mergers and acquisitions. David will give advice regarding shareholder agreements, joint ventures, partnerships, corporate finance and general company law.  David has particular experience in advising firms on company formation & compliance and writing commercial contracts, both domestic and cross-border, international franchise agreements and terms of trade across a wide range of business sectors. Originally from Liverpool…

Employment Law Update September 2021

This article covers: Social Media No Jab, No Job Discrimination & Hypersensitivity UK Right to Work Hybrid Working Social Media Can your social media posts get you into trouble at work? You may have heard that England lost the 2020 Euro final 3-2 on penalties. Heart breaking - but then the racist tweets began. Arrests have followed and a high-profile estate agents suspended an alleged racist tweeter. Does your organisation have a social media policy? Doubling down on privacy settings isn’t always the solution – screenshots can easily be taken and shared Workers should check their posts for discriminatory remarks and harassment If a worker claims unfair dismissal, the Employment Tribunal must consider three aspects of the employer’s conduct as set out in the test in British Home Stores -v- Burchell…

Beware employment law pitfalls when using agency workers

Some sectors, such as healthcare and construction, rely on a ready supply of temporary staff, and it is a rare business that does not need to use agency workers from time to time.  The rights of agency workers have been under considerable government scrutiny recently, and changes are on the horizon that will affect any business which uses a temp agency.   Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, outlines the current employment rights for agency workers’, how you can reduce risks to your business and the future changes expected in 2021. Agency workers’ rights Here is a summary of the most significant rights for agency workers: access to staff facilities, such as a canteen or work gym, on no less favourable terms than other comparable staff unless you…

Is an electronic signature on a commercial property document acceptable?

As more aspects of business move online, there is a drive to do everything digitally.  The process of buying and selling property has always relied heavily on paper, but there has been huge change over the last decade and more can now be done online.  Commercial property investors want to take advantage of this, but the law on signing electronically is still in transition. Getting a signature wrong could mean a deal is void, so it pays to get legal advice on when an electronic signature will be valid. ‘In an increasingly digital world, business owners are sometimes surprised when they are asked to sign property documents with pen and ink’ says Andrew Little Commercial Property Solicitor with Ware & Kay in York & Wetherby.  ‘This isn’t just lawyers being old-fashioned – there are still rules…

Are you liable for the misdemeanours of your employees?

What do the following have in common? A managing director punches an employee at a drinking session in the early hours; a self-employed doctor sexually assaults a bank’s prospective employees during pre-employment medical checks; a petrol station attendant violently assaults a customer, and an IT auditor releases personal data for staff at Morrisons?  The answer: the employer was held liable for each of these incidents. In light of recent judgments showing the courts’ increasing willingness to find employers liable for wrongful acts towards employees and customers, Gillian Reid, employment law expert with Ware & Kay in York & Wetherby, outlines the ways employers can be held to be liable and what employers should do to protect themselves. Discrimination and harassment If one of your employees discriminates against a job applicant, such as by refusing to recruit…

The implications of alcohol misuse and family arrangements

While many adults drink alcohol responsibly, unfortunately there is a significant percentage of the adult population in England that misuse alcohol.  Government statistics for 2020 show that over half a million adults in England were admitted to hospital, primarily due to excessive alcohol consumption.  When misuse of alcohol is a factor in family breakdown, it can be a particular concern when there are children and arrangements need to be agreed for residence and contact. It is not uncommon that someone with an alcohol problem denies any problem exists, especially if they fear they may not get to see their children.  Meanwhile, the other parent will be concerned and fret over the safety of their children in their former partner’s care.  ‘The issue of concern for any court looking at arrangements for children is not so much…

Why farmers should have Lasting Powers of Attorney in 2021

With the death count from Covid-19 now topping 152,000 and an estimated two million people suffering from long Covid in the UK, people’s worries about what would happen if they become incapacitated have been thrown into sharp focus. Being rendered unable to work is a particular worry for farmers as the successful management of a farm takes a lot of hard (and often physical) work. It is vital for farmers to put measures in place to ensure the continuing success of their farming business in case they fall ill or are unable to carry on working. A good measure is to have a Lasting Power of Attorney (LPA) drawn up, which allows you to nominate someone to run your affairs while you are out of action. Laura Carter, private client law specialist at Pearsons & Ward…

Ware & Kay welcomes new Litigation Solicitor

Expanding Yorkshire law firm Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is delighted to announce the appointment of Julie Bradwell, an experienced Litigation Solicitor to its growing Litigation and Dispute Resolution Department. Her appointment is a further addition to the firm’s expertise in this sector. Julie brings with her a wealth of experience in all aspects of litigation and dispute resolution. She is widely recognised for her experience in handling complex cases particularly for clients who are contesting Wills and bringing inheritance claims. Julie will also provide a range of advice to clients who are disputing the termination of commercial and residential leases, property contract disputes, boundary and property nuisance disputes and professional negligence Originally from Newcastle, Julie arrives at Ware & Kay with over 31 years’ experience in litigation and dispute…

Combining digital and personal services will help your next home move complete smoothly

From estate agents offering virtual viewings to the Land Registry working remotely, the accelerated use of technology has helped us move home safely despite the pandemic, but there is no substitute for the personal touch. ‘While many things have moved online, and the Government is planning to digitise more services, having personal contact with your conveyancing solicitor ensures that you have the best of both worlds,’ says Holly Stevens, Head of Residential Property with Ware & Kay who highlights some of the recent developments in the residential property sector and how we can help you with your next home move. Choice of communications Once you have chosen your next home, you will want to get things moving quickly. So, it is important we can discuss your needs and send out the initial documents promptly. The best…

Senior executive departure - tips for a smooth exit

Despite all your best efforts to recruit and retain the right key executives, sometimes things just do not work out as planned and it becomes evident that it will be necessary to part company. ‘Managing the departure of a senior executive carefully, and within the law, will reduce the risk of a tribunal claim, protect your business’s customers and reputation, and should ensure as little disruption as possible’, says Gillian Reid, a Solicitor in the employment team with Ware & Kay who looks at the main areas for employers to address when it is time to say goodbye. First step: check the agreements Collect the suite of documents that set out the executive’s rights and obligations on departure. These may include: the contract of employment or service agreement; commission or bonus agreements; and corporate documents…