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Fixed Annual Fee

Signed Contracts of Employment

Is it a legal requirement to require employees to sign an acknowledgement that they have read and understood the HR policies that apply to them? If so, is an electronic signature from the employee sufficient? Under Section 1(1) Employment Rights Acts 1996 an employer is required to give a worker a written statement of the […]

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Digital Markets, Competition and Consumers Act

Sarah Cardell, the Chief Executive of the Competition and Markets Authority (“CMA”) has heralded the new Digital Markets, Competition and Consumers Act (“DMCC”) as “a watershed moment in the way we protect consumers in the UK and the way we ensure digital markets work for the UK economy.”  The DMCC became law on 24 May […]

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Covert Recordings

“I held a disciplinary meeting with one of my employees last week and, having sent him the notes I made, he has now revealed that he covertly recorded the meeting and says that he contests my record of the meeting.  Is there anything I can do to stop this?” Covert recording is an increasingly common […]

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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.  For 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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