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Motor Industry - Legal Articles

Holiday Pay

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.

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Was it automatically unfair to dismiss an employee who refused to attend work over concerns about the risk of Covid-19 to his vulnerable children?

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 is willing to take a pragmatic response.

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Coronavirus Self-isolation UPDATE

With  announcement from the UK Government, the position in England will change from Monday 17 January 2022.

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Welsh Coronavirus Developments

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.

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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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Proposed Changes to Flexible Working and Carer’s Leave

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 to make that a right from day one.  

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Flexible furlough

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 to normal.  The Government has produced the table below to summarise the changes

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Holiday Pay: Supreme Court to decide whether a gap of three months breaks the chain in a backdated claim

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, and the three-month time limit begins to run from the last underpayment.  There is, however, no statutory definition of what amounts to a ‘series’ of deductions.

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CHANGES TO PART 36 CPR COMING INTO FORCE 6 APRIL 2021

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 has been made when it comes to trial , then it risks liability for more in interest and costs on a judgment than if no offer had been put forward.

After the  6 April this year  a new updated Part 36 rule comes into force but largely the rule remains intact.

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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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