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Legal updates

21 February 2024 Wills and estates

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…
13 February 2024 Wills and estates

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…
13 February 2024 Wills and estates

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…
05 February 2024 Employment advice

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…
30 January 2024 Residential property

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17 January 2024 Litigation

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 and Pearsons & Ward in Malton (part of Ware & Kay Solicitors in York & Wetherby). 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…
15 January 2024 Employment advice

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…
10 January 2024 Employment advice

You’ve heard of New Year, new me, but how about New Year, new employment laws?! There has been a recent surge in legislation that employers need to be aware of in the upcoming year and how it may impact them.   Here Kalpesh Nakeshree, Head of Employment law provides 3 key updates to be mindful of: National Minimum Wage For the first time, the top rate of national minimum wage will apply to workers aged 21 and over from 01 April 2024 (currently it only applies to those aged 23 and over). The new top rate is set to be £11.44 which is an increase of 9.8% from 2023. Employers must ensure that the correct minimum wage payments are made or they will risk claims being made from staff which could result in…
08 January 2024 Employment advice

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs to be nipped in the bud, avoiding bigger problems down the line and reputational risk for the organisation. Employers must comply with the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code), which sets out the basic steps and principles for dealing with a grievance. ‘While this encourages employers to ‘have a quiet word’ or to use mediation where appropriate, investing time and resources in dealing with a grievance can pay off in the longer term,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay and Pearsons & Ward. ‘An informal approach could backfire as the employee may feel their concerns have…
02 January 2024 Employment advice

With the festive season over, so what better time to start showing appreciation to your team and spark a feeling of goodwill among your hard-working employees. A Christmas bonus and a party may go some way towards persuading them that you are an employer they want to stick with, but there is a lot of competition for good staff. What else can you do to retain first-class workers? Kalpesh Nakeshree, Head of Employment Law at Ware & Kay & Pearsons & Ward in Malton, York and Wetherby highlights the options. You can spend a lot of time, cash and energy finding and training up decent staff, and the last thing you want is to lose them just when they have properly got to grips with what you need them to do. It is important then…
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