Motor Trade Legal Articles

How should an employer calculate holiday pay for a seasonal worker with a year round contract ? The Supreme Court has ruled on this long running issue in the case of Harpur Trust v Brazel. Ms Brazel worked as a part-time music teacher under a zero hours contract. She did not work every week and she […]

With increasing inflation ahead of us business could be forgiven for wanting to put Covid-19 behind them. However, businesses face a significant backlog of cases regarding Covid-19, and for those businesses effected the recent EAT case of  and the recent case of Rodgers v Leeds Laser Cutting Ltd. should give members hope that the court […]

With  announcement from the UK Government, the position in England will change from Monday 17 January 2022. What is the current position in England? From Monday 17 January people with COVID-19 in England can end their self-isolation after 5 full days, as long as they ae not displaying any symptoms and test negative on day […]

Following amendments by the Welsh Assembly to The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 made 20 December 2021 many members have been concerned regarding the introduction of criminal offences designed to support coronavirus protections. Whilst there has been a lot of speculation there has been little hard facts upon which members can make decisions. […]

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 […]

Members may have seen in the news that the Government has launched a consultation on making flexible working the default position when an employee starts employment.  The present rules on flexible working require employees to have a 26 week qualifying period before making application for flexible working.  Under the Government proposals, they are considering whether […]

MILS members will have noted the recent changes in furlough and the amount that can be claimed towards employees’ wages. According to Government information 11.6 million jobs have been supported since the scheme began. The priority now is not only to support jobs but to incentivise employers to bring back staff as the economy returns […]

The Employment Rights Act 1996 provides that, any tribunal claim for unpaid holiday pay generally needs to be brought within three-months of when the payment became due, unless the underpayment forms part of a ‘series of deductions.’  If a series exists, then a claim can be made for all of the underpayments in the series, […]

Part 36 offers (referring to the rule number in the Court Procedural Rules (CPR)) is a device incorporated into the Court rules to facilitate the settlement of claims without going to trial. Such offers can be made by Claimants or Defendants. In general terms if a party fails to beat a part 36 offer that […]

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 […]