Motor Trade Legal Articles
Fit for Purpose
“I have recently supplied a car to a Consumer, they have come back to me and stated it will not pull their caravan and are claiming it is in breach of the contract and not fit for purpose. Am I liable.” There are 2 aspects of The Consumer Rights Act 2015 (CRA) that may apply […]
Subject Access Requests
“When I receive a Subject Access Request do I have to provide everything with a person’s name on?” The Short answer is no. Whilst a person’s name will be personal data, this does not mean the whole content of any document becomes their personal data. There is no need to disclose the whole of an […]
To Loan or Not to Loan (a Vehicle During a Repair): That is the Question
Offering loan vehicles to customers during repairs has become a common practice to enhance convenience and maintain goodwill. In recent months, though, we’ve seen several incidents involving our members that highlight the importance of implementing comprehensive legal and practical strategies to safeguard your business interests when engaging in this practice. Scenario One: The Like-for-Like Loan […]
Capability and Age
“I have an aging technician (Alan) who has started to make quite a few mistakes. He seems to be forgetting things and is getting a bit long in the tooth so I wondered whether I should just suggest it might be time for him to retire? I wouldn’t mind offering him a small sum of […]
The Emissions Scandal
Most members will have a good understanding of the so-called “emissions scandal,” but a quick recap never hurts. In 2015, Volkswagen admitted to using “defeat devices” to manipulate emissions levels during testing. The scandal initially erupted when it was discovered that Volkswagen had installed such devices in millions of diesel vehicles in order to pass […]
Employee Thefts and Best Practice with Conduct Procedure
“We have recently found evidence of a technician undertaking MOTs at our premises during work hours, but not logging the job in our system and pocketing the cash for himself. He has never been allowed to do this and has used company equipment and time to do the MOT. What is our legal position and […]
Lone Working
“I run a small body repair MOT workshop. I sometimes have to leave my technician working on his own when I am out of the business, is that okay? Is there any law in this area?” Employers who have employees who are likely to be working on their own need to carry out a risk […]
Subject Access Requests
“When I receive a Subject Access Request do I have to provide everything with a person’s name on?” The Short answer is no. Whilst a person’s name will be personal data, this does not mean the whole content of any document becomes their personal data. There is no need to disclose the whole of an […]
MILS Employment Law Update Following Labour’s ‘New Deal for Working People’
Following July’s election results and Labour’s Sir Keir Starmer being elected as Prime Minister, there has been a great deal of speculation as to how and when Labour’s manifesto promises would come to fruition. Although Labour’s election manifesto gave a flavour of what is to come, the 17th July King’s Speech gave far more direction […]
Sexual harassment and the duty to prevent it
From 26 October 2024 employers have a new duty to proactively take “reasonable steps” to prevent sexual harassment when the Worker Protection (Amendment of Equality Act) Act 2023 comes into force. The Equality and Human Rights Commission (“EHRC”) has recently published a consultation on amendments to its technical guidance on sexual harassment and harassment at […]