Growing your business

Farming families have traditionally relied on their land and livestock to make a well-earned living. However, as the behaviour of the everyday consumer changes so have these once traditional enterprises. Many in the primary sector have decided to supplement their income (and in turn their security) by diversifying their business to include farm shops, garden centres and, in some instances, magical lands filled with ice cream and fair ground rides. However, what are the key employment law considerations when such growth happens?  In this article we touch on some of the more pertinent points to consider: Contracts of Employment Family who work for you could still be employees and in that regard there is a legal requirement to provide a written particulars of employment with very specific content. There is a right to a pay slip…

When your partner owns the property and you pay the bills – what rights do you have to your home if you separate?

If your partner owned their home when you moved in together, then it is not uncommon to agree to pay all or most of the bills as a way of sharing living costs without the hassle of changing the mortgage paperwork or the legal title. When a relationship has broken down and you are contemplating separating, a key concern will be where you will be able to live, especially if you have children and have built a family home together over many years. ‘Your rights will depend upon your marital status and, if you are not married,  whether you have any formal agreement regarding the property’, explains our family law team expert at Ware & Kay in York & Wetherby who outlines the various entitlements, and what steps can be taken to protect your interest. The…

Hedge your bets with a conditional contract when selling farmland for development

As the national housing shortage continues, particularly in rural areas, development land is very much in demand.  You may even have been approached by a developer or promoter who is interested in your land. Property sales are never risk-free, with buyers able to pull out of a deal sometimes for the most incongruous of reasons. Many farmers negotiate a conditional contract to sell their development land which, as Andrew Little, agricultural law specialist at Ware & Kay Solicitors in York & Wetherby explains, provides some certainty for the seller that the land will be bought. A conditional contract is a contract between a landowner and a developer which will only be completed if the condition or conditions stated in the agreement happen. If the conditions are fulfilled, the developer is legally obliged to buy the land…

Spring 2022 - Employment law update for employers

April is usually the month when the Government introduces new employment legislation, and in recent years has announced its commitment to introducing significant new rights, such as neo-natal leave and a duty to prevent sexual harassment in the workplace. ‘While there are very few big changes this April, employment law remains a fast-moving area of law,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors. He explains the key changes employers need to know about this year and looks back at recent developments. Closure of the Statutory Sick Pay (SSP) rebate scheme Employers are no longer able to claim back SSP for coronavirus-related absences or periods of self-isolation after 17 March 2022. The usual SSP rules now apply with employees being entitled to SSP from the fourth qualifying day of absence. Repeal of…

Key considerations when helping your children onto the property ladder

First-time buyers today must find, on average, a deposit equal to a year’s salary. With almost half relying on parental assistance, the ‘Bank of Mum and Dad’ has never been so popular. House price affordability and the phasing out of the Help to Buy scheme make this trend set to continue. It is natural to want to help your children onto the property ladder if finances permit. However, if you are considering making a financial contribution, get the right professional advice first and ensure the agreement is documented to reduce the risk of problems arising later. Plan for the long term If you have built up savings, you may prefer to help your child now rather than pass on those assets through inheritance, but it is important to make sure you will still have enough left…

Fanfare for common land – what rights can be exercised over it?

Large swathes of beautiful North Yorkshire are made up of ‘common land’, a concept dating back to 1215 which allowed ‘commoners’ the right to take or use something produced naturally on land belonging to someone else. Andrew Little, Commercial Property Law and Agricultural specialist at Pearsons & Ward in Malton (part of Ware & Kay) explains the rights and obligations associated with common land. These ancient rights still exist today, with common land currently accounting for around three percent of England. A right of common can be: pasturage – the right to put livestock out to feed on the land; pannage – the right to put pigs out to feed in wooded areas of the land; estover – the right to take specific timber products from the land, such as firewood; turbary – the right…

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 our family law team 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…