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Motor Trade Legal News

What are the requirements for employers following the scrapping of self-isolation rules in England?

The government has set out its plans on ‘Living with Covid-19’ including the removal of the legal requirement for individuals to self-isolate if they test positive for Covid-19 from 24 February 2022 and the removal of free PCR and lateral flow testing (subject to some limited exceptions) from 1 April 2022. 

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Employment status of Directors

It is often the case that a company director will also work in or provide services to the company. In the event of a dispute or change in circumstances, it is important to consider the director’s status, in order to establish what rights, if any, they possess and what steps should be followed. Whether a director is just an office holder, or whether they are also an employee/worker/ self-employed, will have a significant effect on the ability to discipline and remove a director and what processes should be followed.  

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Commission disclosure

A number of members who have complaints pending with the Financial Ombudsman’s Service (‘FOS’) regarding the selling of finance products have recently received correspondence referring to the recent cases of Wood v Commercial First Business Limited and Pengelly v Business Mortgage Finance 4 plc. These letters ask a number of additional questions and provide members the opportunity to add to or amend any representations if they wish.

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Employment Update - Off-Payroll IR35 Regime

We are receiving a number of enquiries from Members concerning the off-payroll IR35 regime which came into force on the 6th of April this year.

The following provides our summary and comments on the regime although, as ever, Members are advised to consult their appointed lawyers wherever they might need specific clarification or guidance.

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Supreme Court confirms that burden of proof begins with Claimant in discrimination claims

The Supreme Court in Royal Mail Group v Efobi (2021) has confirmed that the burden of disproving an allegation of discrimination does not shift to the employer, unless the Claimant has first established a prima facie case.

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