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Motor Industry - Legal Articles

Are you ready for the General Data Protection Regulation- Part 3

The GDPR has effectively rewritten the Data Protection Directive, the mainstay of current data protection regime. From May 2018, the GDPR will have a significant effect on your responsibilities when storing data and the uses you can put data to. All businesses are affected, particularly where they use customer details for marketing purposes or exchange them with other businesses in any way. Failure to get this right can result in fines, or worse.

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HOLIDAY PAY AND COMMISSION/OVERTIME

“I wonder if you could clarify the legal outcome on the Lock –v- British Gas case regarding (in our case) commission and holiday pay. Please could one of the team clarify what our specific legal obligations are on this, as there is come conflicting information.

Are we now legally required to average commission earnings in relation to holiday pay, or is there a further appeal taking place?

How is Brexit likely to affect it becoming UK Law?”

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EMPLOYEE FIT NOTES AND RETURN TO WORK

“My employee, who is a technician, has been off work for two weeks now with a bad back.  He has now turned up this morning with a fit note saying he may be fit for work with adjusted duties.  He is telling me I have to make the adjustments and he will be paid full pay as he can’t afford to be off on SSP.  Is he right?”

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DISABILITY DISCRIMINATION AND REASONABLE ADJUSTMENTS

Should the duty to make reasonable adjustments under s.20 of the Equality Act be abolished? No, held the Court of Appeal in Griffiths v Secretary of State for Work & Pensions.

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RECRUITMENT AND DISCRIMINATION

“We are recruiting for a new technician. I have been through the applicants and there are two strong candidates. The most qualified candidate however has said in his application form that he suffered from depression in the past, but claimed it doesn’t affect his work at the moment. I don’t want to take the risk if he proves to be unreliable so I was going to choose the other candidate.  I presume that is okay?”

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VICTIMISATION

In employment law “victimisation” is a very specific claim, about which many employers have limited understanding and knowledge. It does not really carry the same meaning as the ordinary English definition of victimisation. In the United States, this form of discrimination is known as “retaliation”, a term which is perhaps more accurate for what is involved.

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FUNDAMENTAL GUIDELINES TO THE CONSUMER RIGHTS ACT 2015

Significant changes are being introduced by the Consumer Rights Act 2015 which comes into force on 1 October 2015. For all motor retailers this will mean reviewing existing complaints handling procedures, sales and service processes and importantly contractual terms and conditions of business.

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THE ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES (COMPETENT AUTHORITIES AND INFORMATION) REGULATIONS 2015

Recent European directives have concentrated on promoting Alternative Dispute Resolution, throughout Europe. The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 will pass into UK law in July 2015 so what do members need to do.

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HOW THE NEW CONSUMER RIGHTS ACT AFFECTS THE MOTOR TRADE

The Consumer Rights Act 2015 is now the law. From 01 October all consumer contracts will be governed by this Act so what are the main aspects?

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THE CONSUMER RIGHTS ACT

This is the first in our series of articles breaking down aspects of the Consumer Rights Act 2015. The Consumer Rights Act 2015 is now the law. From 01 October all consumer contracts will be governed by this Act.

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DISTANCE SELLING CHANGES 13 JUNE 2014 (CNDA)

The Consumer Contracts Regulations (Information, Cancellation and Additional Charges) 2013 (hereinafter the ‘CCR’), have now replaced both the Distance Selling Regulations and the Doorstep Selling Regulations, as well as introduce a few new concepts.

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DISTANCE SELLING CHANGES 13 JUNE 2014

We warned you last month of changes to distance and doorstep selling regulations. With 1 week to go before the Consumer Contracts Regulations 2013 (Consumer Contracts Regulations), is your company ready.

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