Preventing claims of stress at work

According to the Health & Safety Executive stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’ by their job.  As an employer, you owe your employees a duty of care. That is, a duty to provide a work environment where employees are not caused psychological harm and should they suffer work-related psychological harm, you must do everything that is reasonable to prevent continuing harm. ‘In determining whether an employer is responsible for stress in the workplace and therefore liable to pay compensation, the court will determine whether an employee’s work-related stress was 'reasonably foreseeable' by the employer,’ explains Gillian Reid, employment law specialist at Ware & Kay in York & Wetherby.  ‘In other words, could you have predicted the work-related psychological harm and should you have prevented…

Legal top tips when building a granny annex

Building a granny annex can seem a perfect solution to many families; not only is it a way of consolidating family assets and passing on wealth but it also provides an immediate solution to childcare and a longer term plan for caring for elderly parents. However, before embarking on this project it is important that you consider and avoid the potential pitfalls! Disputes about ownership further down the line are unfortunately common and so it is essential that the arrangements are properly documented and legal advice is obtained. If you are combining finances with other family members then it is important that this is properly documented. If, for example, it is intended that the property will be owned jointly, as tenants in common, consideration needs to be given to what happens after your parent dies and…

Know your rights over land access

Agricultural landowners will almost invariably have utility company-owned apparatus running somewhere across their property – whether this is electricity lines, water pipes or gas pipes. Utility companies will, at times, need to access such infrastructure to carry out repairs, replacements or upgrades, but farmers should ensure their rights are protected before they enter into any access agreement. Utility companies usually have statutory powers of entry onto land under legislation such as the Water Industries Act 1991, Electricity Act 1989 or Gas Act 1986, but exercising these powers can be expensive and time-consuming, and most companies generally prefer to reach a negotiated agreement with the landowner instead. The two main access agreements for this type of situation are through the use of a wayleave or an easement. A wayleave involves a utility company making annual payments to a…

Property People - as featured in the Yorkshire Post

David Hyams is director of commercial property at Ware & Kay Solicitors, based in the York office. What are the prospects for the property sector in Yorkshire and Humber? In the mid to long term, I am positive about the prospects for the property sector as the region has so much to offer.  We are obviously facing challenging times at the moment, particularly in the hospitality sector, but once we have got through to the other side, I am confident that there will be a release of pent-up demand and we shall soon be back on our feet again. What is the best project you have been involved in? In recent times it was acting for a landlord on the grant of a lease of 15,000 sq ft office unit to a large regional accountancy practice. …

Coronavirus Update

Following the latest Government announcement of a second national lockdown for England, we wish to reassure all of our clients and contacts that it is business as usual. We have robust plans in place to minimise any disruption and will continue to operate as normal whilst also protecting our clients, our staff and the wider community. We are committed to supporting our clients and contacts throughout this period whilst monitoring updates and following Government advice.  We have plans in place that enable us to continue serving our clients and contacts including equipping our staff for home-working. All our clients will be able to maintain contact with our staff via telephone and email however, we have decided for everyone’s protection that we are unable to make client appointments at any of our offices from Thursday 5th November. …

Keeping your workforce agile and within the law

The viability of many businesses is on a knife-edge and flexibility in scaling the workforce up or down at short notice has become increasingly important. For many employers, keeping their workforce as flexible as possible will be essential for their future. However, the law around zero-hours contracts, self-employment, personal service companies and agency workers is complex, and now is the time to take stock of your current arrangements. Gillian Reid, Head of Employment with Ware & Kay outlines how to manage the risks and obligations of the different options for a flexible workforce. Self-employed contractors: watch out for employment rights Contracting with a self-employed individual may seem like a low-risk option, without adding to the overheads. However, even if you and the individual initially agree that they are self-employed, an employment tribunal may see things differently…

Registered and unregistered land, what is the difference?

There are two systems of recording ownership of land in England and Wales; registered and unregistered.  Whether your land is registered or unregistered can have a major impact, and not only when you come to sell. Holly Stevens, Head of Residential Property with Ware & Kay in York, considers the implications. Registered land, an overview The Land Registry keeps a register of all registered land, which is indexed on a map. This register contains information on approximately 24 million properties.  Within this overall register, the Land Registry allocates properties their own unique number and individual register.  Each individual register includes three sections: the ‘proprietor register’, which contains ownership information; the ‘property register’, which contains a description of the property, linked to a map; and the ‘charges register’, which contains details of any mortgages or charges…

Redeveloping an empty pub for commercial use

Pubs are closing all too often nowadays and while this is a sad sight, it means there may be opportunities to find a new use for one as a commercial development project.  If an empty pub is well-located, it could make an ideal setting for a new business, such as a care home, convenience store, or flexible workspace.  As well as negotiating, buying and redeveloping the building itself, you will need to get to grips with planning permission and other regulatory requirements for your proposed new business.  You will need contracts with professional advisers, including surveyors and architects, and with building contractors.  Once the building is operational you will need a lease with an operator.  ‘As your commercial property solicitor we will be key in bringing this complex project to fruition, and the sooner we are…

Is your diversification project ‘agricultural use’ and does it matter?

In the current climate, many farmers are diversifying to future proof their farm business. In more recent years this has meant new non – farming business ventures. However, as an owner or tenant of agricultural land, you may be subject to restrictions as to how that land is used and now is probably a good time to check whether this applies to you and consider if this affects your diversification plans. The recent claim brought against the estate of Mr Philip Partridge (deceased) and his wife Mrs Lynette Partridge (Mills v Estate of Partridge and another [2020]) is a perfect example of why a requirement that land to be used for agricultural purposes only, certainly does matter. Pamela Mills (claimant) was the owner of land at Iverley House Farm in Staffordshire including a track which…

Lasting Powers of Attorney: A vital part of succession planning for farmers

Farming families have had a particularly difficult period during the Covid-19 pandemic, facing increased demand from consumers with limited time and resources at their disposal. Farming is an already demanding occupation with heavy machinery, livestock, dangerous chemicals, silos, and slurry pits as daily hazards encountered as part of running the business. With so much relying on the physical health and capability of key individuals, having a contingency plan in place in case something goes wrong is a must. Lynne Smith, Private Client Specialist and part of the agricultural law team at Pearsons & Ward Solicitors in Malton* advises that making a Lasting Power of Attorney (LPA) should be a vital part of business succession planning for farm owners, who are at increased risk of becoming physically or mentally incapacitated at any time. An LPA is…