Motor Trade Legal News

Any MILS members who have been reading recent updates will be aware of the discussion before the election about the Labour Government’s potential changes to employment law. Well, with the expected change in government the King’s Speech has now confirmed the legislative programme for the new parliamentary session, including the Employment Rights Bill which proposes to […]

Race is one of the nine ‘protected characteristics’ covered by discrimination law (Equality Act 2010), meaning that an individual cannot be discriminated on the basis of their race. Examples of prohibited discrimination include direct and indirect discrimination, harassment, and victimisation.  In the recent case of Oguntokun and Omar v Go Motor Retailers Ltd and others, […]

In an extension of recent litigation surrounding the gig economy, British Car Auctions (BCA) is the latest employer to face a challenge to its employment practices and the classification of its drivers as employees. If successful, this could have significant implications for the motoring sector.  BCA uses drivers to inspect vehicles and deliver them to […]

Of great concern to dealers has been the sheer number of solicitors and claims management firms seeking to raise complaints on behalf of their clients for the return of so-called discretionary commissions earned during the sale of vehicle finance.   On the 2nd May this year the Solicitor’s Regulation Authority (SRA) issued a warning regarding […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]