ACAS, mental health and reasonable adjustments: what employers need to know

Employers are increasingly aware of the importance of supporting employees’ mental health for many reasons, including improved retention, attendance and productivity. Underpinning this is a legal duty to make reasonable adjustments where the individual’s mental health condition is a disability under the Equality Act 2010. Mental health problems need to be taken as seriously as any physical conditions. Employers may be expected to make adjustments even when the individual does not consider themselves to be disabled. Understandably, managers may have concerns about privacy or not being equipped for dealing with mental health issues in the workplace. Last year, Acas published their guidance on reasonable adjustments for mental health, which provides practical advice on the topic. In this article we highlight the employers’ legal responsibilities, give examples of reasonable adjustments for mental health, and offer a few…

Ware & Kay urges families to start the New Year with a legal health check

The New Year is often seen as a time for fresh starts and resolutions, but it’s also a good opportunity to ensure your legal affairs are in order. Vicki Duffy from Ware & Kay Solicitors in York is encouraging local families to begin 2025 with a legal health check. A legal health check can provide peace of mind, ensuring your plans align with your current circumstances and any recent life changes. Vicki Duffy, a member of The Association of Lifetime Lawyers, explains that taking early action can safeguard your future, clarify your wishes, and offer security for you and your loved ones.” “Life doesn’t stand still, and neither should your legal documents,” says Vicki. “The start of the new year is the perfect time to review key legal documents to ensure they accurately reflect your…

Misconceptions in Valuing an Estate for Probate. Pitfalls for Beneficiaries and the Disinherited

It is not unusual for misunderstandings to occur about the value of a deceased’s estate, risking substantial financial loss to a beneficiary or a claimant against an estate, if not legally advised. “Joint Bank Accounts” In my experience banks often mislead people that “Joint Accounts” are not part of the deceased’s estate. The ownership of a bank account held in more than one name depends on the circumstances. An elderly widow befriended a gentleman. He suggested adding his name on her bank account to assist her with banking and she agreed. Later she died and left all her estate to her adult children.  The bank told the gentleman that as he was the survivor of their “Joint Account”, her life savings in that account were not part of her estate to pass to her children, the…

Anticipating Tax Reforms: What Farmers and Family Businesses Need to Know

As the seasons change and we settle into winter, the aftermath of the Autumn Statement delivered on 30 October is still fresh in the minds of rural family businesses. While the chancellor set out broad financial plans, the finer details—particularly those concerning tax changes—are expected to be rolled out in Summer 2025. For farmers and rural enterprises, this delay only prolongs the uncertainty surrounding potential reforms to capital taxes, such as inheritance tax and capital gains tax. These taxes hold significant importance for farming families, where reliefs for agricultural property (farmland and buildings) and business property (the trading aspects of a farm) are vital for preserving generational ownership and business continuity. Over the years, discussions around reforming these reliefs have been a recurring theme, typically aimed at increasing government revenue. While no immediate changes have…

Fields of Promise: Navigating Farming Disputes and Proprietary Estoppel

Clashes over the ownership of the family farm are sadly not uncommon among farming families. Legal battles often ensue after a family member works on the farm for years, often for low pay and infrequent holidays, on the understanding that they will eventually take ownership of the farm – only to find themselves expelled from the farm following a disagreement, or that the Will makes no or inadequate provision for them. In either of these scenarios, a claim for proprietary estoppel may be a useful tool; if successful, such a claim may force the defendant to honour the promise made to the disappointed farm worker, as Julie Bradwell, Associate Solicitor at Ware & Kay incorporating Pearsons & Ward Solicitors in Malton, York & Wetherby, explains.  What is proprietary estoppel? Proprietary estoppel is a legal doctrine…

Is a postnuptial agreement part of your family business succession plan?

The 2020s have been called ‘The Great Wealth Transfer,’ as £1 trillion of wealth built up by the ‘baby boomers’ is expected to pass to the next generation. Much of this wealth will pass via a family business, and parents who wish to retire are having to make strategic decisions about succession planning. A particular concern for many is the potential impact on a family business of a divorce or the dissolution of a civil partnership, and the consequent negotiations of a financial settlement. ‘Business difficulties can arise for any number of reasons, and directors usually have business strategies, budgets and contingency plans,’ says Samantha Sinclair, Head of Family with Ware & Kay incorporating Pearsons & Ward Solicitors in York, Wetherby & Malton. ‘However, few businesses have a plan for what would happen if an…

Ware & Kay Solicitors Support Mick and Peter Fox’s Everest Base Camp Trek to Aid Smile Kenya and Mondo Foundation

Mick Fox, a retired Private Manager from Virgin Money, and his son Peter have completed an extraordinary 14-day journey to Everest Base Camp, raising over £5,000 for two impactful charities: Smile Kenya and the Mondo Foundation. Their trek, which commenced in Kathmandu, took them through breathtaking landscapes, with stops at Lukla, Namche Bazaar, and Dingboche, culminating at the iconic Everest Base Camp at 5364 meters. The climb spanned nine days to the base camp, followed by a three-day descent. Along the way, they faced demanding acclimatisation hikes to Gong Ri (4000m) and Nagarjun Hill (5360m), experiencing thin air, strong UV exposure, and temperatures plummeting to minus 15°C at night. The physical challenges were intense, with three of their group requiring airlift support due to altitude sickness. Despite these difficulties, their dedication to a noble cause…

Financial checks when buying a property

When your offer on a new home is accepted, you will probably want to get things moving quickly. Before your solicitor can start work, there are some important checks that they must carry out to verify your identity and check your source of funds. Sadly fraud has become an increasing problem in recent years, with professional criminals targeting conveyancers and home buyers in what are often very sophisticated scams. It can be easy to lower your guard in the excitement of buying your new home. ‘Your solicitor will need certain information from you,’ explains Lucy Gilman, Associate Director with Ware & Kay. ‘Providing this can sometimes feel like a bit of a chore. However, these checks are a legal requirement and, in most cases, they should be relatively straightforward.’ It is a good idea to…

Protecting Your Business: A Guide to Non-Compete Clauses and Restrictive Covenants

An employee builds up valuable knowledge and contacts during the time that they work for you, but your commercial interests may be vulnerable if they leave and go on to work for a competitor. It is therefore prudent to take steps to protect confidential information, such as pricing strategies, bids, or cutting-edge research, and to guard relationships with clients or suppliers that could be exploited to another business’s advantage. At the start of employment, employers often include restrictions, known as restrictive covenants, on what an employee can do with information and contacts gained during their employment. However, even if a former employee could damage your business, there are limits on the restrictions that can be placed on them and how far you can prevent them from competing with you. What are non-compete clauses? Non-compete clauses are…

Promotion strengthens Litigation & Dispute Resolution Team at Ware & Kay

Ware & Kay Solicitors, with offices in York, Wetherby, and Malton, is pleased to announce the promotion of Akeel Hussain to Associate in its highly regarded Litigation & Dispute Resolution Department, effective from 1st December 2024. Since joining Ware & Kay, Akeel has become a valued member of the team, recognised for his expertise in handling a wide range of complex litigation matters. His work includes residential landlord and tenant disputes, breach of contract claims, professional negligence cases and debt recovery. In his new role as Associate, Akeel will continue to deliver tailored legal advice to a diverse range of clients, including property owners, landed estates, farmers, and agricultural businesses. He will also advise commercial and residential landlords on possession claims, recovery of rent arrears, insolvency, contentious probate, contested business lease renewals, dilapidations, and property…