Motor Trade Legal News
Confusion Over Double Cab Pickups HMRC Classification
Many Members will have noted on 12th February this year that the Government issued new tax guidance which would have resulted in double cab pickups being reclassified from the 1st of July 2024 as company cars, not commercial vehicles. HMRC currently uses a VAT approach in which a double cab pickup with a payload of […]
Safeguarding Your Business from Unauthorised Filming
In the digital era where content is king and people are striving to become “influencers,” businesses must be vigilant. A recent situation involving one of our members highlights why you should consider comprehensive legal and practical strategies to protect your interests against unauthorised filming. The scenario facing our member was simple: A videographer has social […]
WARNING: Potential Vehicle Scam
We want to use this week’s article to highlight a potential scam to our members, as well as to clarify what you may be liable for when a vehicle is temporarily in your possession. In a recent case that we have been asked to advise on, the motor dealer had been asked to assess a […]
Discretionary Commission claims
No doubt you will see a lot of these coming through following Martin Lewis’s comments in the media. We would suggest the way to deal with the SAR is to simply refer it to your risk and compliance team/DPO and for them to process it in the usual way. You can find guidance as to how […]
Commission Disclosure to be Reviewed and Complaints Paused
Since the 2021 FCA rule changes regarding sales commissions, one of the more common issues in the Motor Industry has been the extremely high number of solicitors and claims management firms seeking to prosecute civil claims for return of commissions earned during the sale of vehicle finance. In a series of previous articles, we detailed […]
Resignation and Constructive Dismissal
One of the most common claims in the Employment Tribunal is a claim of ‘constructive unfair dismissal’, whereby the employee resigns because they believe their employer has seriously breached their employment contract. Where an employee resigns in relation to what they believe is a fundamental breach of their employment contract, if they wait too long […]
Changes to Holiday Pay From the 1st of January 2024
The Government has brought several significant changes to holiday pay at the start of 2024 which employers should be aware of. The main idea behind the newly introduced reforms is to simplify holiday entitlement and holiday pay calculations found within the Working Time Regulations. This article outlines the main changes. Changes only affect certain classes […]
Supreme Court issues landmark decision on holiday pay calculations
Over 3,300 police officers and 364 civilian employees brought claims under the Employment Rights (Northern Ireland) Order 1996 (ERO) and the Working Time Regulations (Northern Ireland) 2016 relating to underpaid holiday pay against the Police Service of Northern Ireland and the Northern Ireland Policing Board. The claims sought arrears of holiday pay going back to […]
Discrimination: perception of harassment
Harassment occurs where, However, there are other important factors, including the perception of the person complaining of harassment, and whether it is reasonable for the conduct to have the effect complained of. Can a Claimant be harassed if they were not aware of the act of harassment? Greasley-Adams v Royal Mail Group Ltd Mr Greasley-Adams […]
High Court quashes Regulations allowing workers on strike to be replaced by agency workers
In R (on the application of ASLEF and ors) v Secretary of State for Business and Trade, the High Court has upheld a judicial review to the revocation of Reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prohibited employment businesses from supplying temporary workers to cover the work of those […]
