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Motor Trade Legal News

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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Employment Update - Off-Payroll IR35 Regime

We are receiving a number of enquiries from Members concerning the off-payroll IR35 regime which came into force on the 6th of April this year.

The following provides our summary and comments on the regime although, as ever, Members are advised to consult their appointed lawyers wherever they might need specific clarification or guidance.

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Coronavirus UPDATE Unlocking and ‘Freedom Day’

With the success of the vaccination scheme in all home nations, Governments in England, Northern Ireland, Scotland and Wales are looking to open up the economy and getting back to normal.

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EAT Ruling: ‘Gender-critical’ beliefs are protected under equality law

You may recall from the news when the Harry Potter author, JK Rowling, spoke out in support a woman who lost her employment tribunal claim over her gender-critical views.  The Employment Appeal Tribunal has now overturned that decision.  Here, we take a look at the case, which highlights to members the fine balancing act involved in the need to accommodate those with gender-critical beliefs, and continuing to ensure that the workplace remains a safe place for trans persons.

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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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