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Race Discrimination within the workplace

21 June 2024

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, […]

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BCA Drivers in Legal Action for National Minimum Wage and Holiday Pay

17 May 2024

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 […]

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Solicitors Regulation Authority (SRA) Warns Solicitors and Claims Management Firms Regarding Discretionary Commission Claims 

13 May 2024

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 […]

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Confusion Over Double Cab Pickups HMRC Classification

22 April 2024

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 […]

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Safeguarding Your Business from Unauthorised Filming

22 April 2024

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 […]

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WARNING: Potential Vehicle Scam

22 March 2024

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 […]

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Discretionary Commission claims

07 February 2024

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 […]

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Commission Disclosure to be Reviewed and Complaints Paused

05 February 2024

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 […]

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Resignation and Constructive Dismissal

26 January 2024

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 […]

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Changes to Holiday Pay From the 1st of January 2024

09 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 […]

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