Spring 2024 employment law round up

‘This year is a busy one for employment legislation, after a few quiet years,’ says Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘The Government has backed a number of private members’ bills which are now coming into force. In addition to the usual annual increases to statutory rates, there are several important changes that employers need to know about,’ Kalpesh continues. Record keeping under working time regulations From 1 January 2024, the rules requiring employers to record their employees’ daily working hours have been relaxed. Instead, employers need to keep records to show compliance with the Working Time Regulations 1998. Increased flexibility in taking paternity leave Following the birth or adoption of a child, an eligible father or partner can take one or two weeks’ leave. The rules have become more flexible…

We’re proud to support Update Your Will Week 2024

 Update Your Will Week from the 4th – 10th March is an annual campaign hosted by The Association of Lifetime Lawyers.   It aims to raise awareness around the risks of not having an up to date Will and encourages people to update their Will to ensure their wishes are carried out when they die.   Why is it important to have an up to date Will?   Having an up to date, well-drafted will is crucial to ensure your wishes are carried out in the way you’d like when you die. Knowing you’ve chosen what you want to happen can also help ease distress for loved ones left behind and minimise potential disputes.   If you die without a Will, any assets that belonged to you must be distributed according to the strict rules…

Saint Catherine's Hospice Make a Will Week 22 April to 26 April, 2024

We are delighted to support the Saint Catherine’s Hospice Make a Will Week. We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week Catherine’s Hospice Make a Will Week. We will happily meet with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also meet with you again for your Will to be signed by the end of May 2024. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £200* per single Will and £350* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation to Saint Catherine’s Catherine’s. *If your Will requires advice of a complex nature, or because of any failure on your own part to complete the Will…

Changes on the farm – is it time to update your Will?

It is recommended that you review your Will every 3 to 5 years, but if your farm has expanded, downsized, or diversified, then you should also look at your Will to ensure it reflects your wishes. Laura Carter, Associate and agricultural specialist at Ware & Kay and Pearsons & Ward Solicitors in Malton (part of Ware & Kay in York and Wetherby), highlights the key changes that should prompt a farmer to review and update their Will. Has the value of your farm increased substantially? If your farm has grown substantially then it is important to have the ownership of the farm’s assets checked and for them to be valued. Based on the valuations received, you can then consider making a new Will to help decrease any liability for inheritance tax, particularly to take advantage of…

Martin House Make a Will during the month of March 2024

   Leave your legacy to help us continue ours If, like many other people you have been putting off writing your Will, this is your chance to put that right. Ware & Kay Solicitors has teamed up with Martin House to give you the opportunity to have your basic Will written for free. Legacies are vitally important to Martin House. In fact, they make up more than a quarter of our entire voluntary income, meaning the cost of caring for one in four of our children is covered by gifts left in Wills. Over half of UK adults have not made a Will. It's not always easy to think about what might happen when we die. But making a Will is an important step to ensuring the people and things you care about are taken care of after you're gone. Your…

New rules for flexible working requests from 6 April

The right to request flexible working has been around for over 20 years, and in that time eligibility to the right has been extended from parents and carers of young children to all employees after 26 weeks in a job. Access to this right is about to widen again with changes coming into force this year. Accompanying the legislative changes is a new draft Acas statutory Code of Practice, subject to parliamentary approval. ‘The right to request flexible working is just that; a right to ask, which employers can refuse based on a statutory business reason,’ explains Kalpesh Nakeshree, Head of the employment law team with Ware & Kay. ‘Having said that, employers do need to follow the statutory process, which is about to be tweaked in the employee’s favour. Perhaps more significant than the penalties…

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Are you being a nuisance?

Falling out with your neighbours in rural areas is not uncommon. Farming activities are more than likely to cause smell, mud, noise, traffic problems or other disruption at some stage. However, if the impact of your farming operations on your neighbours is severe enough to amount to a nuisance, you could find yourself in a legal dispute and possibly having to defend a court claim which could be both expensive and time consuming. “There are three types of nuisances: private, public and statutory”, says Johanne Spittle, Director, Litigation & Dispute Resolution at Ware & Kay York, Wetherby and Malton. A private nuisance is caused when you do something (or don’t do something) on your land which you are entitled to do but which impacts on or extends onto your neighbour’s land. There are many situations where…

Ware & Kay Solicitors appoints Risk & Compliance Officer to growing team

Leading law firm Ware & Kay Solicitors is delighted to announce the appointment of James Withers as the Risk & Compliance Officer for the firm. Risk and compliance issues and policies are one of the foundations of modern legal practice and having someone who is dedicated to this role will ensure not only that we are up to date but he can also develop new policies and will provide strategic support to the management team. In his role, James will ensure compliance with regulatory obligations, professional and practice standards, maintain practice manuals and policies and proactively keep abreast of changes in the regulatory field. He will also make certain that the relevant legal, financial and data protection legislation and frameworks are adhered to. His role will see him safeguard the existing structures and procedures as…

Are you an FCA/PRA regulated employer?

Navigating employment law disciplinary processes can be complicated at the best of times. Below is an overview of our guidance and key pointers. Dual obligations As well as complying with the ACAS code of conduct for disciplinaries, those employing staff in this regulated sector must also fulfil their notification and reporting obligations to the Financial Conduct Authority (FCA) and/or Prudential regulation Authority (PRA). You will be familiar with the new SM&CR regime which prescribes the interplay between the two minefields. This regime re-iterates the importance of managing a disciplinary process fairly as the consequence of not doing so could fall back on your own management team. All financial services staff (including Senior Managers) are governed by the 6 conduct rules and there are four supplementary Conduct Rules for Senior Managers. All these rules require basic standards…