Black Lives Matter: bringing change to the workplace

In the wake of the Black Lives Matter demonstrations, there is increased momentum in addressing racial inequalities at work. But this is against a backdrop of significant and long-standing barriers for workers of black and minority ethnic heritage.  For example, recent research by Business in the Community shows that only one and a half per cent of senior professional roles in the private sector are held by black people, despite making up three per cent of the UK population. ‘In any programme of change management involving employees, then it is important to take account of employment law,’ says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby. ‘Although positive discrimination is prohibited, positive action is lawful and there is plenty of employers can do to tackle inequality of all kinds and particularly…

Protecting your family farm against the impact of relationship breakdown

Farming is usually a family affair. Many farms are passed down through the generations with family members devoting years of their lives to working hard to ensure that the farming business is there for future generations. Relationship breakdowns can be traumatic for any family but when there is a divorce or separation in a farming family it is particularly difficult as the farm is invariably not only the family business but also the family home and a division of assets can be devastating for the wider family. Ownership of the family is often an added complicating factor in any divorce; the family farm may be owned by the older generation or ownership may have been transferred to a family company or partnership or to a son or daughter but with parents still depending on an income…

Alternative rent structures in commercial leases

The key priority for a landlord of commercial property is to secure a reliable and predictable rental income, which can be reviewed at regular intervals so that it keeps pace with other properties in the market.  Traditionally, commercial tenants have paid rent in advance in four quarterly instalments, with rent reviews every three to five years. Covid-19 has placed increasing financial pressure on business tenants, and many are asking landlords to help cash flow by considering alternative ways to structure the rent. ‘The way businesses occupy property is having to change, so the way landlords charge rent needs to change as well’ says Andrew Little, Commercial Property Solicitor with Pearsons & Ward in Malton,  ‘Landlords need tenants in their properties, paying rent, so it is in everyone’s interest to structure the rent in a way that…

Make a Will Month October, 2020

Making a Will and letting your family and friends know your wishes is vital, and it can be a lot more affordable than you think. Once again, we are offering you the opportunity to have a Will written in exchange for a donation to the Hospice. We are giving our time free of charge. Getting married or divorced, having a child, becoming grandparents or buying a house, can all be reasons to think about getting your affairs in order and making your wishes known. To take part, simply do the following: Contact us during Make a Will Month and we will arrange an appointment. Numbers are limited so please book early to avoid disappointment. Write your Wills. There is no obligation to leave a legacy to the Hospice, but if you do they would be…

Changes to the Coronavirus Job Retention Scheme

The Coronavirus Job Retention Scheme changed again from 1 September 2020 in line with previous government announcements.From 1 September, the government will pay 70% of wages up to a maximum cap of £2,187.50 for the hours the employee is on furlough. Employers will top up employees’ wages to ensure they receive 80% (up to £2,500). The caps are proportional to the hours not worked.Further reductions to the government contribution will come into effect from 1 October 2020 with the Scheme coming to an end on 31 October 2020.If you are an Employer or Employee and you would like further guidance or advice on your rights and responsibilities under the Coronavirus Job Retention Scheme, returning to work or reorganisation, please do not hesitate to our experienced Employment team on 01904 716000 or email gillian.reid@warekay.co.uk who will be happy to assist.

Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

Coronavirus - the importance of Wills and current challenges

Since the start of the COVID-19 lockdown, we have been contacted by many people wanting to ensure they have Wills in place or to update existing Wills. This has no doubt been prompted partly by the natural fear of serious illness in the current climate, but also many people have found they have had the time to think about what they would like to happen in the event of their death. For many people making a Will in normal circumstances is a task that is easily put off. In the past few weeks, we have seen a significant increase in people seeking our advice on Wills.  We would like to assure you that our offices are open for business and we can meet people in a COVID safe environment. However, for some older or vulnerable people…

The importance of Wills for farming families: safeguarding the future of your farm

“Keep Safe” is a phrase we have heard frequently in the past few months – whilst we all need to take heed – don’t forget the importance of keeping your farm or property safe too. It is not unusual to have more than one generation of a family working on a farm and if the owner has not left clear instructions about who is to inherit the estate there is huge potential for dispute.   ‘With the increase in land prices over the years, farm assets may be worth literally millions of pounds and the consequences of a family member dying intestate without a Will can be disastrous’ says Laura Carter, Wills & Probate Solicitor. Making a Will is particularly important in farming families where some members want to farm and others do not or cannot…

Love knows no boundaries, but divorce must consider them

If you are considering divorce and have ties to more than one country, then where you issue your proceedings can impact the outcome.  These types of divorce are commonly known as cross-border, and typically we think of countries outside the United Kingdom. But a recent judgment in the Supreme Court has highlighted that even the borders within our shores can affect the outcome in the agreement of maintenance after divorce. ‘Local differences in divorce law mean that there may be benefits to issuing divorce and maintenance proceedings in one area of the UK over another, as highlighted in the case of Villiers v Villiers [2020]’ says Robert Bellhouse, a Family Solicitor in the family team with Ware & Kay Solicitors. ‘This case showed that, provided certain thresholds are met, the courts will permit choice in which…

Release of lockdown and returning employees to the workplace

Following changes in government guidance, more and more employers are asking staff to come back to the workplace. But what are your obligations as an employer if staff are reluctant or unwilling to return? How should you treat employees who are shielding, pregnant or struggling with childcare? The HSE’s guidance on Working safely during the coronavirus (Covid-19) outbreak and the Government’s sector-specific guides on working safely during coronavirus (Covid-19) are crucial sources of information.  ‘However, the Government guidance does not provide the full picture for employers who must consider the whole gamut of their duties under employment law.’ Says Gillian Reid, Head of Employment with Ware & Kay in York & Wetherby, who outlines the raft of legal responsibilities, as well as highlighting key steps to reduce the risks of claims and considerations for particular groups…