Resignation Checklist

All employers, no matter how good they are, will likely have to deal with an employee resignation at some point. Sometimes it is because an employee's personal circumstances change and sometimes it is because they have been offered a better opportunity elsewhere. On some occasions, it is because there are problems at work. As an employer it is important to know how to handle the details when an employee resigns. You cannot refuse to accept someone's resignation. However, if an employee resigns verbally in the heat of the moment, you should give them an opportunity to change their mind in order to avoid a constructive dismissal claim. Here is a checklist of some of the issues for employers to think about when an employee resigns: ✔   the resignation should be confirmed in writing; ✔…

The Mediators

A group of experienced solicitors from across eight different law firms have banded together to form the York Solicitor Mediators. Their aim is to offer families and couples who may be going through a difficult divorce or separation an alternative to the court process which can often be extremely stressful and expensive. Chris Myles, a member of the new group and himself a family solicitor in York, commented that, "Not only do we understand the law but we are all qualified Family Mediators who recognise that there are better ways than the court system to make those all-important arrangements. Whether it is finances, divorce, or child custody issues, we can open the door to communication between parties to avoid court and unnecessary costs". York Solicitor Mediators cover all of North Yorkshire as well as the…

Religion And Belief In The Workplace

The Equality Act 2010 makes it unlawful to discriminate against someone because of their religion or belief.  With religious festivals of all faiths spread throughout the year, employers need to be aware of workers' rights and some of the issues that can arise to avoid costly tribunal claims. The Equality Act protects employees, contract workers, partners and office-holders, and covers the areas of recruitment, terms and conditions, promotion, training and dismissal. An employee, who believes you have discriminated against them, harassed or victimised them because of their religion or belief can bring a claim in an employment tribunal and, if successful, can be awarded unlimited compensation. The average award in April 2012 - March 2013 for this type of discrimination was £16,320. Employers can be held responsible if one employee discriminates against another in the…

Zero Hours Contracts

It is estimated that anything between 250,000 and one million workers are employed on zero hours contracts in the UK. Employment law does not define a zero hours contract. In practice it has come to mean a contract for casual work, where the employer does not guarantee to provide the individual with any work and pays them only for the work actually done. Usually, the worker is expected to be available to work if called on by the employer. Workers are effectively on standby and are generally contacted at the start of each week and told how many hours they will be required to work that week. The advantages for employers are clear: they do not have to pay staff when there is no work available for them; nor do they have to pay sick…

Promotion Of Gill Wilkinson

Gillian Wilkinson Ware & Kay has promoted Gillian Wilkinson to Head of Employment. Gillian advises on all aspects of employment law for both employees and employers with a particular expertise in handling discrimination cases. Gillian will play a key role in the firm's growth plans for the Employment Department. Contact details   Published: September 2013 Last updated: 30 June 2014

Solicitors Say Farewell To Peter Joslin

YORK'S legal profession has bid farewell to a popular solicitor who is retiring after more than four decades. More than 80 people gathered to celebrate the retirement of Peter Joslin, from Ware & Kay incorporating Sykes Lee & Brydson. Mr Joslin joined the profession in 1972 when he was appointed as an articled clerk at Sykes, Lee & Brydson, going on to qualify in 1974. He then remained at Sykes Lee & Brydson for the whole of his working life and was based at Judges Court during that time. Mr Joslin became a partner in 1978 and was the senior partner at Sykes Lee & Brydson before it merged with Ware & Kay in July. Mr Joslin, 65, celebrated an evening with friends, colleagues and clients at Ware & Kay's York offices at Sentinel…

Recruitment Best Practice For Employers

Most employers will need to recruit a new member of staff at some stage, either because an employee has left and they need to be replaced, or because they are expanding. Finding the right person can be tricky but employers need to follow a fair selection procedure to reduce the risk of allegations of discrimination. Discrimination law covers all areas of employment, including advertising jobs and recruitment. You should keep records of the equal opportunities training that managers have received, all decisions made during the recruitment process and the reasons for them, in case you have to justify a decision later. A fair recruitment selection process should: Use a standard application form - a job description and a person specification should not include requests for personal information. Equal opportunities monitoring forms should be kept…

Solicitor Peter Joslin Retires After 41 Years

A well respected and hugely knowledgeable solicitor of the North Yorkshire legal community has retired after 41 years. Peter Joslin, third from left, with Partners at Solicitors Ware & Kay, from left: David Hyams, Peter Kay, David Liddell and Michael Peach, at his retirement party   Peter Joslin, a solicitor for Ware & Kay incorporating Sykes Lee & Brydson in York was today marking his retirement after 41 years. Mr Joslin joined Sykes, Lee & Brydson as an Articled Clerk in 1972 and qualified in 1974 and remained at Sykes Lee & Brydson for the whole of his working life being based at Judges Court during that time. Mr Joslin became a Partner in 1978 and was the Senior Partner of Sykes Lee & Brydson before it merged with Ware & Kay in July 2013 whose…

Share For Employment Rights

Three different types of employment status have existed for some time: employee, self-employed and worker. Each benefits from a slightly different range of employment rights. From September 2013, a fourth type joined the list: employee shareholder. This measure was introduced by the government to reduce employment costs for employers by giving employees a stake in the company they work for in return for waiving some of their employment rights. Employees have to be given shares in the business in order to become employee shareholders. The status can only be offered if your business is run as a company. Sole traders, partnerships, charities and public sector organisations will not be able to take part.  An employee shareholder has to be given fully paid-up shares worth at least £2,000 and there is no maximum amount they can…

Yorkshire Law Society Council

Michael Peach has been elected as Vice President of The Yorkshire Law Society this year and President from April 2014. Michael has been a member of The Yorkshire Law Society for 26 years. Michael Peach said "I am very much looking forward to representing the Society and solicitors in the York area locally and nationally. I am also looking forward to making new contacts and develop existing relationships both for the profession generally and for Ware & Kay. I am expecting a very busy, interesting and challenging time, particularly during my Presidential year. There will be many new and rewarding events and activities to get involved with." Gillian Reid who attended her first Council meeting on 12th June 2013 is also delighted to be elected as a Council member of The Yorkshire Law Society and will…