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A case on costs against lying litigants |
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Tuesday, 29 December 2009 |
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In the case of Dunedin Canmore Housing Association v Donaldson, the Claimant brought proceedings for breach of a Compromise Agreement as (she said) she had not been in breach of a confidentiality clause.
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Read more...
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Unfair dismissal and unlawful age discrimination |
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Tuesday, 15 December 2009 |
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In Tower Hamlets v Wooster, the employee brought a claim of unfair dismissal and unlawful age discrimination.
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Read more...
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Tuesday, 01 December 2009 |
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As those of you who have been involved in TUPE transfers will
understand only too well, TUPE acts to preserve terms and conditions of
employees through a transfer of a business and stops the new employer
making changes to employees’ contracts, unless for certain statutory
reasons.
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Read more...
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Government Proposals for transferrable maternity leave |
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Tuesday, 17 November 2009 |
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The Government has announced a consultation on allowing mothers to
transfer some of their maternity leave entitlement to the father.
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Read more...
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ECJ decision looking at the Working Time Directive |
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Tuesday, 03 November 2009 |
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In Pereda v Madrid Movilidad SA - the Claimant was a driver who suffered an accident at work before commencement of his annual leave.
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Read more...
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Claim for unsatisfactory quality of a vehicle settles saving our client over £12,000 |
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Tuesday, 13 October 2009 |
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MILS have assisted a client in a long running claim for unsatisfactory quality of a vehicle brought against them by a customer.
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Read more...
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Motor Industry Client saves over £40,000 as MILS defends Disability Discrimination claim |
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Thursday, 08 October 2009 |
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MILS Motor Industry Lawyers have successfully defended a claim against a major client for disability discrimination, saving that client over £40,000.
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Read more...
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New National Minimum Wage rates announced |
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Tuesday, 06 October 2009 |
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The National Minimum Wage (NMW) historically increases every autumn.
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Read more...
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Client saves over £18,000 after long standing legal claim is settled |
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Tuesday, 29 September 2009 |
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MILS have successfully negotiated the settlement of a long standing legal claim relating to refund of deposits on vehicles, saving our client over £18,000 in legal fee's.
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Read more...
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Government Consultation on Tips and Sick Notes |
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Wednesday, 23 September 2009 |
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Since the National Minimum Wage Act came into force in the 1990s, it
has been legal for employers to use devices such as service charges,
tips, gratuities and cover charges to count towards payment of the
national minimum wage in certain circumstances.
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Read more...
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House of Lords decision on the issues relating to long term sick leave |
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Wednesday, 09 September 2009 |
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Earlier this year the European Court of Justice ruled that employees
should continue to accrue statutory holiday whilst off sick.
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Read more...
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Clarification on the law of victimisation in discrimination claims |
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Wednesday, 26 August 2009 |
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And
a warning to any employer who may be considering retribution against a
successful Claimant by way of non payment of a Tribunal award.
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Read more...
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Swine Flu - Latest Advice for Employers |
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Wednesday, 12 August 2009 |
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Only those residents of the UK with their heads firmly in the sand would not have noticed the recent news regarding swine flu.
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Read more...
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Reinstatement of an Employee after dismissal |
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Friday, 31 July 2009 |
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Reinstatement is a potential remedy for a Claimant employee at an
Employment Tribunal.
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Read more...
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Serious Fraud Office investigates MG Rover |
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Monday, 06 July 2009 |
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The Serious Fraud Office (SFO) is investigating whether the demise of MG Rover in 2005 should result in criminal prosecution.
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Read more...
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RMIF Legal Bulletin - June 2009 |
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Monday, 22 June 2009 |
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MILS lawyers defended a motor dealer
client in the County Court against a claimant who argued that our
client was liable for finance they had defaulted on in respect of a
vehicle.
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Read more...
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Sobering reminder for employers seeking to cut costs by outsourcing work. |
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Monday, 01 June 2009 |
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The TUPE Regulations act to protect employees rights during certain transfers of businesses or parts of businesses.
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Read more...
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Are workers on long term sick entitled to holiday pay accrual? |
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Monday, 18 May 2009 |
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There has been an ongoing dispute in employment law about whether or
not workers on long term sick are entitled to holiday pay accrual for
the periods they are off work.
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Read more...
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New ACAS code of practice replaces Statutory Dispute Resolution Procedures |
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Friday, 08 May 2009 |
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From 6 April 2009 the much criticised Statutory Dispute Resolution
Procedures has been on the way out.
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Read more...
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Update on Flexible Working |
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Monday, 27 April 2009 |
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If any of us were in doubt as to the Government’s commitment to
their campaign to support family friendly culture in business, then
those doubts should be put aside now.
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Read more...
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The consequences of the European Court of Justice decision known as the Heyday Challenge |
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Monday, 20 April 2009 |
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The ECJ has effectively found that the Government has not breached the
Directive.
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Read more...
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Length of service in a redundancy selection policy could be considered a 'benefit' |
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Friday, 20 March 2009 |
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In Rolls Royce PLC v Unite the Union the High Court has held that
giving credit for length of service in a redundancy selection policy
could be considered a 'benefit' under Reg 32 of the Employment Equality
(Age) Regulations 2006.
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Read more...
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Claims for passed holiday pay |
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Monday, 09 March 2009 |
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In the case of Berta v Hummus Brothers Ltd [Employment Appeal Tribunal], an employee brought a claim against his employer for holiday pay which he alleged was outstanding.
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Read more...
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The obligation on employers with regard to the effect of a proposed TUPE transfer |
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Wednesday, 25 February 2009 |
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A recent case has considered the scope of the obligation on employers
to inform and consult affected employees with regard to the effect of a
proposed TUPE transfer.
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Read more...
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Tribunal rates and limits of compensation increase as of Feb 1st |
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Sunday, 01 February 2009 |
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Tribunal rates and limits of compensation have increased, with effect from today.
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Read more...
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Holiday rights for the long-term sick |
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Thursday, 15 January 2009 |
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The European Court of Justice have ruled that a worker on sick leave accrues annual leave whilst absent.
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Read more...
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RMIF Legal Bulletin for Automotive Insight readers |
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Monday, 01 December 2008 |
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RMIF’s lawyers, Motor Industry Legal Services
(MILS), have been asked to provide Automotive Insight readers with a summary of recent
cases.
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Read more...
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Important case for employees with Learning Disabilities |
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Tuesday, 04 November 2008 |
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Employers must consider each job individually and
look at whether the duties carried out in that job can be done by
someone who is not of a specific religion or belief.
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Read more...
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Employment Appeal Tribunal will assist motor industry employers defending victimisation claims |
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Tuesday, 28 October 2008 |
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The clarification of the law by the Employment Appeal Tribunal will no
doubt assist motor industry employers defending claims relating to
victimisation brought by Claimants who can be shown to be acting
maliciously.
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Read more...
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Important development relating to disability discrimination and the Disability Discrimination Act |
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Tuesday, 21 October 2008 |
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The most important development in recent months is that the law
relating to disability discrimination and the Disability Discrimination
Act 1995 has been thrown back into turmoil following the House of Lords
decision in London Borough of Lewisham v Malcolm.
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Read more...
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Ford Focus - 'Used Car of the Year' |
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Tuesday, 14 October 2008 |
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The country's most popular new car, the Ford Focus, has held on to its coveted 'Used Car of the Year' title in the Auto Express Glass's Guide Used Car Honours 2008.
Read More about the Ford Focus
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Read more...
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Johnson v Edwardian International Hotels Ltd |
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Tuesday, 07 October 2008 |
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An unusual Tribunal case where the Claimant had argued that his dismissal was procured by the Jehovah witnesses with help of the Prime Minister.
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Read more...
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Consultation paper on the extension of the right to request flexible working |
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Tuesday, 07 October 2008 |
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The Government has published its first consultation paper on the extension of the right to request flexible working.
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Read more...
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Credit crunch rattles car dealers |
|
Wednesday, 01 October 2008 |
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The financial turmoil in America is creating a two-tier system among US car dealers according to a report in Automotive News Europe.
Read more about car dealers
|
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Read more...
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Garage saves thousands and wins unfair dismissal claim |
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Wednesday, 24 September 2008 |
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Motor Lawyers successfully defended a claim for unfair dismissal, saving a
garage thousands in damages and over £7,000 in Legal Fee's.
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Read more...
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An important change in maternity law is approaching. |
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Tuesday, 23 September 2008 |
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From the 5th October 2008 the distinction between ordinary and additional maternity leave is to be removed.
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Read more...
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National minimum wage increase from the 1st October 2008 |
|
Thursday, 18 September 2008 |
|
Don’t forget that the national minimum wage is subject to its
yearly increase from the 1st October 2008. The rate for a normal adult
worker aged 22 will be £5.73 per hour.
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Employers who wish to employ foreign workers must apply for a sponsor licence |
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Tuesday, 09 September 2008 |
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The UK Border Agency has launched an advertising campaign urging employers who wish to employ foreign workers from outside of the EEA or Switzerland to apply for a sponsor licence by 1 October 2008.
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Read more...
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Terrogate Market Ltd v Harris |
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Wednesday, 03 September 2008 |
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The Court of Appeal has held that a Claimant who had raised a grievance with the employee following her dismissal could rely on the extension of time provisions of the Employment Act 2002.
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Read more...
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Nicholls v Coryn Tech Ltd and Others |
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Tuesday, 26 August 2008 |
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Respondent threatens the Claimant using unpleasant and intimidating language outside the lifts of the Southampton Employment Tribunal.
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Read more...
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Tuesday, 05 August 2008 |
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The Court of Appeal has ruled that 2 employees who had been wrongly characterised in law as self employed, were not precluded from claiming unfair dismissal (for which you need to be an employee) by doctrine of illegality.
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Read more...
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Motor Dealers worried about economic downturn |
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Tuesday, 29 July 2008 |
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Motor Dealers across the UK are voicing their concerns
as the economic downturn has eroded confidence in the motor retail sector.
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Read more...
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Dealer group Vertu Motors reports sales rise |
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Wednesday, 23 July 2008 |
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Vertu Motors has reported double-digit growth in like-for-like new and used car sales in the four months ended June this year.
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Read more...
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Tuesday, 15 July 2008 |
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An Employment Tribunal has erred in limiting compensation for unfair dismissal to the date on which the Claimant commenced new employment.
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Read more...
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Wilkinson v Springwell Engineering Ltd |
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Wednesday, 25 June 2008 |
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A teenager was dismissed from employment because she was too young for the job.
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Read more...
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Dealers: improve the service you receive from manufacturers |
|
Friday, 02 May 2008 |
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Dealers can improve the service they receive from their manufacturer
partners by anonymously giving their views on them through the latest
Dealer Attitude Survey from Sewells Information and Research.
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Read more...
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Dealership awarded £2000 when customer failed to take possession of a vehicle |
|
Monday, 28 April 2008 |
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Failure to take possession of a vehicle
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Read more...
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New Lamborghini - unfit for purpose case goes to High Court |
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Monday, 14 April 2008 |
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MILS acted for a Motor Retailer client in a High Court case involving a new Lamborghini.
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Read more...
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Sunday, 06 April 2008 |
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We wish to remind our clients that changes to the following areas are now in force:
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Read more...
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Sexual Discrimination claim thrown out |
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Monday, 03 March 2008 |
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Motor Law Solicitors, MILS, have successfully defeated a claim of discrimination on the grounds of sexual orientation.
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Read more...
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Wednesday, 27 February 2008 |
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The Immigration, Asylum and Nationality Act 2006 comes into force on 29 February 2008 with potential fines for employers of up to £10,000.
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Claim resolved for alleged defective vehicle |
|
Tuesday, 05 February 2008 |
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MILS Motor lawyers have secured a successful settlement for one of the UK's first and leading second-hand car supermarkets.
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|
Read more...
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Employers warned not to ignore mental health issues |
|
Wednesday, 30 January 2008 |
|
Statistics show that one in four employees experiences stress, anxiety, depression and other forms of mental ill-health in
any given year, yet employers are largely unaware of this and are
therefore unable to manage it effectively.
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Read more...
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Car supermarket challenges costs bill |
|
Sunday, 27 January 2008 |
|
MILS helped one of the UK's largest car supermarkets challenge a
substantial costs bill awarded against them following a piece of
litigation in the Watford County Court.
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Read more...
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Successful settlement for Volvo Dealership |
|
Thursday, 17 January 2008 |
A franchised Volvo dealer in Newcastle is at least £7,000 better off
thanks to MILS.
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Read more...
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MILS save Used Car Dealership over £7,500 |
|
Wednesday, 09 January 2008 |
|
A claim for non payment of an agreed discount on supplied vehicles was settled by a MILS Barrister saving a multi franchise new and used car dealer for Ford, Citroën, Skoda, Mazda and Toyota in the region of£5,000.
Legal fee's (if paying) would have been in the region of £2,500 resulting in a total saving of £7,500 because of membership of the MILS scheme.
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Read more...
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General Motors appoints independent dealer |
|
Tuesday, 08 January 2008 |
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An Independent motor dealership based in Manchester
has been appointed by General Motors as dealer to its Cadillac and Corvette retail network.
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Read more...
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|
|
Tuesday, 08 January 2008 |
|
According to the information services company Experian, the number of Motor industry businesses going bust fell by 22.3 per cent in 2007.
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Read more...
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Sex discrimination is grounds for constructive dismissal claim |
|
Monday, 31 December 2007 |
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The Employment Appeals Tribunal has held that direct and indirect sex discrimination can provide grounds for a claim of constructive dismissal.
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Read more...
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15% increase in Employment Tribunal cases |
|
Tuesday, 04 December 2007 |
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The number of cases brought to employment tribunals has risen 15% in a year - from 115,039 the previous year to 132,577.
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Read more...
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MILS saves dealership over £7,000 |
|
Friday, 30 November 2007 |
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MILS lawyers have successfully defended a finance agreement claim on behalf of a dealership saving them over £7,000.
|
|
Read more...
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Fatal Accident - new law makes it easier to prosecute |
|
Wednesday, 28 November 2007 |
|
The new Corporate Manslaughter & Corporate Homicide Bill will become law in April 08 and will apply to any "organisation" as well as any type of trading
business.
|
|
Read more...
|
|
|
National Minimum Wage Increase |
|
Tuesday, 13 November 2007 |
|
The national minimum wage has increased to £5.52 for workers aged 22
and over; £4.60 for workers aged 18-21; and £3.40 for workers aged 16-17.
|
|
|
Dismissals by Third Party Pressure |
|
Thursday, 08 November 2007 |
|
The EAT has reminded employers that dismissals resulting from the pressure of a third party (such as one of the employer's clients) may be fair but only where the employer has considered whether the proposed dismissal would cause injustice to the employee; and
where there would be injustice, whether any steps could be taken to alleviate the injustice (for example, assigning the employee to work for another client).
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|
|
Breach of contract claim successfully defended at Employment Tribunal |
|
Monday, 05 November 2007 |
|
MILS successfully defended Citygate Automotive Ltd against claims for
breach of contract, saving the company in the region of £3,500 in legal
fee's.
|
|
Read more...
|
|
|
Reduction in road casualties |
|
Wednesday, 31 October 2007 |
|
The number of people killed in road accidents in Great Britain fell
last year by 1% as part of a 5% overall reduction in road casualties.
|
|
Read more...
|
|
|
Car makers cleared in Global Warming lawsuit |
|
Thursday, 25 October 2007 |
|
A judge has dismissed a lawsuit from the state of California
demanding compensation from six carmakers for their contribution to
global warming.
|
|
Read more...
|
|
|
Major Motor Retailer successfully defends Age Discrimination and Unfair Dismissal claim |
|
Monday, 22 October 2007 |
|
A claim of age discrimination and unfair dismissal in the Cardiff
Employment Tribunal has been successfully defended by MILS on behalf of
a major motor retailer, Carshops Ltd.
|
|
Read more...
|
|
|
Tax incentives for speed limiters |
|
Wednesday, 17 October 2007 |
|
The Commission for Integrated Transport is recommending the fitment of speed limiters to company cars.
|
|
Read more...
|
|
|
Thursday, 11 October 2007 |
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Mini enthusiast website Motoring File has reported that BMW is working on a smaller Mini.
|
|
Read more...
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|
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MILS case creates new employment law precedent for grievance procedures |
|
Tuesday, 09 October 2007 |
|
MILS have recently been involved in a very important case involving the
interpretation of the new statutory grievance procedures.
|
|
Read more...
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Verbal warning is acceptable |
|
Friday, 05 October 2007 |
|
The EAT has confirmed that an employer's obligation under the
statutory dismissal and disciplinary procedure to notify an employee of
his right to appeal does not mean that the notification must be made in
writing.
|
|
Read more...
|
|
|
Changes to the Working Time Regulations come into force 1st October |
|
Sunday, 30 September 2007 |
|
The draft Working Time (Amendment) Regulations 2007 come into force today increasing the
statutory minimum holiday entitlement from 4 weeks to 5.6 weeks to ensure annual leave for the eight public
holidays, as well as the statutory 4 weeks.
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|
Read more...
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Drivers 'need psychometric tests' |
|
Saturday, 29 September 2007 |
|
Psychological assessments should become part of the UK driving test, a road safety expert has urged.
|
|
Read more...
|
|
|
Motor finance fraud squad is formed |
|
Thursday, 20 September 2007 |
|
The Association of Chief Police Officers and the Finance & Leasing Association have joined forces to create a new crack police team that will investigate frauds against motor finance companies.
|
|
Read more...
|
|
|
'Green' is not an issue for lady car buyers |
|
Wednesday, 12 September 2007 |
|
A report by the SMMT suggests that much work has to be done to convince motorists to become greener.
|
|
Read more...
|
|
|
Sales of upper-medium cars |
|
Tuesday, 04 September 2007 |
|
Sales of upper-medium cars are being cannibalised across Europe's largest new car markets by the emerging niche family car segments.
|
|
Read more...
|
|
|
Falling residuals, more write-offs, less bodywork |
|
Monday, 27 August 2007 |
|
The UK market for body repairs has fallen in real terms for the fifth year running since its peak in 2001.
|
|
Read more...
|
|
|
April pre-registrations top 450 |
|
Sunday, 19 August 2007 |
|
A total of 452 cars were pre-registered in the UK by manufacturers in April.
|
|
Read more...
|
|
|
Contracts - Extending probationary periods |
|
Monday, 13 August 2007 |
We encourage employers to carefully monitor the performance of employees during their probationary period and to take prompt steps to address any concerns.
|
|
Read more...
|
|
|
Tuesday, 07 August 2007 |
We continue to warn members that those who fail to comply with the directives could face heavy fines. We would consequently urge members who are unsure of their position to seek clarification from the Environment Agency.
|
|
|
The General Product Safety Directive |
|
Monday, 30 July 2007 |
We have continued to monitor the effects upon members of The General Product Safety Directive, which came into force across the UK late last year, following the adoption of new European regulations governing product recalls.
|
|
Read more...
|
|
|
Part-time worker's claim for Bank Holidays |
|
Sunday, 22 July 2007 |
A part-time worker has the right not to be treated less favourably than a comparable full-time worker and is entitled to receive a proportion of the pay or any other benefits that the full time worker receives, pro-rata - calculated in accordance with the number of weekly hours that the part-time worker works, in comparison to the full-time worker.
|
|
|
Monday, 16 July 2007 |
We continue to mark a steady rise in the number of enquiries from members regarding incidents of used car “cloning” which, according to the national crime statistics, is the fastest growing car crime in the UK, and represents a significant potential loss to members who find themselves inadvertently having made the wrong purchase.
|
|
Read more...
|
|
|
Consumer Rights and The Sale of Goods |
|
Sunday, 08 July 2007 |
Consumer rights have greatly increased through a major reversal of consumer protection law, and we continue to register an increase in the number of complaints against members, which we are partly attributing to the legislation.
|
|
Read more...
|
|
|
Smoking ban takes effect on the 1st July |
|
Saturday, 30 June 2007 |
From today virtually all enclosed public places and workplaces in England will become smoke free.
|
|
Read more...
|
|
|
MILS wins substantial court case for Landrover Dealer |
|
Tuesday, 26 June 2007 |
MILS has successfully defended a claim involving an alleged
defective Landover Freelander, securing a large costs payment for our
Client (a franchised Landrover dealer).
|
|
Read more...
|
|
|
MILS forms alliance with the RMIF |
|
Tuesday, 19 June 2007 |
|
The Retail Motor Industry Federation (RMIF) and Motor Industry Legal Services (MILS), the leading UK industry law firm, have formed a strategic alliance to deliver full legal support to RMIF members.
|
|
Read more...
|
|
|
Wednesday, 13 June 2007 |
|
A claim brought by our Client against a warranty company at Court for
unpaid warranty claims resulted in a successful settlement.
|
|
Read more...
|
|
|
Age discrimination regulations |
|
Wednesday, 06 June 2007 |
Members need to take great care in dealing with employment issues and
we would continue to encourage Members to contact their appointed
lawyers on all employment matters, however trivial they might at first
be considered.
|
|
Read more...
|
|
|
Disability Discrimination Act 2005 |
|
Sunday, 03 June 2007 |
Some of the changes to disability rights introduced in the Disability Discrimination Act 2005 took effect from December last year.
|
|
Read more...
|
|
|
New Maternity and Paternity regulations |
|
Thursday, 31 May 2007 |
Members should be aware of measures and regulations from The Work and Families Bill.
|
|
Read more...
|
|
|
Misrepresentation case thrown out of court |
|
Thursday, 24 May 2007 |
|
A MILS Client has been awarded £7,303.45 after a customer alleged
that Kent Auto Panels Dealership had misrepresented the specification of a
vehicle sold to him.
|
|
Read more...
|
|
|
PLC Motor Company defends personal injury claim, saving thousands |
|
Wednesday, 09 May 2007 |
|
A woman, who alleged that she had suffered personal injury when her
seatbelt had failed because of works our client had carried out to her
vehicle, has had her case struck out of Court for lack of causation.
|
|
Read more...
|
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