Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm 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? If you are a tenant farmer and you wish to diversify the farm or part of it to a non-farming activity e.g. Glamping pods, B&B, Farm Shop etc. it is likely you will need to obtain your Landlord’s consent to do so. Agricultural tenancies usually permit the tenant to use the Holding for agricultural purposes only and may contain restrictions against taking out any part of the holding from agricultural use. Tenants may choose to ignore the tenancy agreement and pursue diversification in any event but should be warned that the Landlord…

Do we need to formalise our separation?

If you are coming out of a relationship, whether you were cohabiting, married or in a civil partnership, you may be asking if you need to formalise that separation.  A separation agreement is a formal contract which can be agreed between you and your former partner to determine the division of your financial assets and responsibilities.  ‘No matter how amicable your separation is, and whether you were married or not, it is wise to seek legal advice on your financial position as complications can arise in the future,’ says our family law team Solicitor in the family team with Ware & Kay.  ‘A separation agreement can save you money and upset in the long run.’ You are not legally required to obtain a separation agreement, but it will provide you with reassurance and certainty on where…

Meeting your conveyancing solicitor, what you need to prepare

Preparing and collecting all the information for your first meeting with your conveyancing solicitor, whether that meeting is face-to-face or virtual, will get your transaction off to a good start. Here Holly Stevens, Head of Residential Property with Ware & Kay in York looks at how you can help to get things moving quickly. Prepare ID and source of funds evidence As your solicitor, we cannot start work until we have checked your proof of identity. These ID checks may seem a bit bureaucratic, but they are legally required to comply with anti-money laundering regulations and will help protect you against fraud and identity theft. Requirements vary from firm to firm, so check with us beforehand and make sure you have the relevant documents. Typically, you will need proof of your identity, which can be either…

Grumbles or grievances – why you need to take employee complaints seriously

Receiving a grievance from an employee is rarely welcome – dealing with it can soak up resources, cause disquiet among other employees and in some cases escalate into a dispute which ends up before an employment tribunal. However, as Gillian Reid, employment lawyer with Ware & Kay in York & Wetherby explains, handling grievances properly is a useful way of nipping workplace problems in the bud, stopping relations between you and an employee souring and resulting in legal action.    The key to dealing with grievances is to adopt a fair process and to be aware of some of the challenging issues that may crop up.   Importance of treating grievances seriously Dealing with a grievance promptly and thoroughly can avoid bigger problems arising later on, for example if the employee alleges that a colleague is…

Dealing with flexible working requests: guide for employers

Homeworking and other forms of flexible working arrangements are increasingly common, as employees juggle caring responsibilities or try to avoid long and expensive commutes to work. Employees may be surprised to learn that there is no right to work flexibly, just a right to make a request. However, as Gillian Reid, employment law specialist at Ware & Kay in York and Wetherby explains, employers need to respond properly to any requests to work flexibly to avoid claims in an employment tribunal. What is flexible working? Working part-time, from home or only in term time are all examples of flexible working, along with job shares and exemption from night shifts. The legal process to request flexible working applies to working hours and the place of work. Who has the right to request flexible working? The scope of…

It is time to refresh HR policies and practices for 2021

2020 was a tumultuous year with employers having to respond rapidly to the challenges of the pandemic. Culturally the world has shifted too, with the Black Lives Matter movement bringing momentum to improving equality and diversity at work. The end of the Brexit transition period on 31 December 2020 means an end to free movement and has implications for UK employment law. Gillian Reid, a Solicitor in the employment team with Ware & Kay suggests that ‘Now is a good time to review and refresh HR policies and practices after a fast-paced 2020 and to get ready for the challenges of the new year.’ She recommends focusing on the following areas: Working from home Is your working from home policy fit for purpose? Does it adequately deal with homeworking as the norm for staff, rather than…

Five reasons to use collaborative law in a family dispute

When a relationship breaks down, it can be one of the most distressing events many of us will have to endure.  There can be a lot to sort out; family finances, arrangements for children and who stays in the house.  Most people assume that the only way to end their marriage or formalise a separation involves a visit to court to let a judge make those decisions. 

Enforcing financial orders in family proceedings

Sometimes when the family court orders a payment to be made by your former spouse to settle a financial claim in divorce proceedings, the money owed is not always handed over when it should be. Where this happens, it can be difficult to know what to do. Our family law team expert with Ware & Kay in York & Wetherby explains your options. ‘If money the court has ordered should be paid to you is not paid when due, it is up to you to take action’, says Robert. ‘The first step is to make contact with your former spouse to try to encourage them to pay you what is owed. If this does not work then you should contact your solicitor who will make a formal demand for payment and, if necessary, refer the matter…

Should you sign a prenuptial agreement?

Bringing up the subject of a prenuptial agreement can be as daunting as popping the question, perhaps more so as it raises the issue that the marriage might not last. But how should you react if you have been asked to sign an agreement? What should you look out for in a draft agreement? ‘Prenuptial agreements are not just used by the rich and famous, but by couples and families looking to safeguard certain assets. Much like an insurance policy, everyone hopes they will never have to use the agreement, but it does provide a level of reassurance if a break-up ever happens’ says our family law team Solicitor with Ware & Kay. If you have been asked to sign a prenuptial agreement, there are a number of things to consider first. Who is requesting and…

Working from home: wellbeing and mental health of employees

While some people are enjoying working from home, this is not the case for everyone and the negative impacts over several months are taking a toll on some employees. ‘Employers are unsure of their responsibilities for mental health and how to deal with performance issues when the boundary between home and work has become blurred,’ says Gillian Reid, Head of Employment with Ware & Kay. ‘They want to know how best to support their employees’ wellbeing while keeping the business on track in difficult times. This includes knowing what questions you can ask, how to address mental health issues, and how to be fair in disciplinary procedures.’ Potential problems arising from homeworking Homeworking brings a different set of pressures to those in the workplace; a lack of boundaries between home and work, and difficulties in switching…