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Fixed Annual Fee

Is Reasonableness in the Eye of the Beholder? New Guidance on a Reasonable Deduction for Use

Let’s face it, vehicles don’t always work.  Sometimes, like it or not, a customer has a legitimate right to reject.  F88or this short post in MILS Matters, we’ll set aside the thorny question of what makes a rejection legitimate and focus instead on the perennially challenging but imminently practical next question: how much can a […]

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Satisfactory Quality 

“I have recently supplied and fitted a gearbox to a customer’s vehicle. The manufacturer put a 12 month warranty on it.  It has now failed again 2 years later and the customer is saying I am liable.” The Consumer Rights Act 2015 (CRA) require that any parts to be supplied are of Satisfactory Quality (s9). […]

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Discrimination arising from a disability

One of the common difficulties within the workplace is managing employees with significant medical conditions. Since the pandemic there has been a rise in cases of stress and anxiety within the workplace, which, if sufficiently serious may be a disability for the purpose of employment law. Employers are often reluctant to engage with such conditions […]

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Labour Party Election Plans for Employment Law

With his announcement on the 22nd of May this year the Prime Minister fired the starting gun on one of the most anticipated election campaigns of recent years.  With significant changes proposed by all parties, this is the first article in a series examining how such changes are likely to affect the motor industry. At […]

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Pre-termination negotiations

“I have an employee whose attitude and performance is poor.  Rather than taking the employee through a capability procedure can I explore with the employee whether he/she would be open to mutually agreed termination by agreeing a settlement package with them?  Is it safe for me to initiate settlement discussions with the employee in this […]

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Withdrawing an offer of Employment

“We made a verbal offer of employment, conditional on the individual satisfying certain pre-employment checks.  Can we withdraw that offer before the pre-employment checks have been completed on grounds that the role has been withdrawn for operational reasons?” The legal consequences of withdrawing an offer of employment will generally depend on the specific circumstances of […]

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Separation Of Waste In Wales

“I run a Petrol Forecourt in Wales. I know that the law has recently changed, and I now must separate out rubbish collected on my site. Some people are telling me that this only applies to waste produced by my site, some people have said it includes waste from goods sold on my site and […]

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Abandoned Vehicles

“ I have had a vehicle on site for some time. I have done some diagnostic work and quoted for a repair. The owner was going to get back to me but they haven’t and now I cannot contact them, what should I do?” There are many reasons a vehicle may be abandoned on your […]

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To Arbitrate or Not to Arbitrate? That is the Question

A dispute resolution clause in your contracts is like a seat belt: It’s a critical safeguard that can easily be taken for granted during smooth rides. While most days you won’t think about it, the day you need it you’ll be very glad you have a good one. Given their importance, you might expect that […]

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How to Manage Ageing Employees with Declining Performance

The latest Office for National Statistics Labour Market data reveals that the employment rate of those aged 65 and above has doubled over the past 25 years. Undoubtedly this trend will at least loosely be linked to the abolition of the default retirement age of 65 years old in 2011. It is also not inconceivable […]

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