Motor Trade Legal News
Bank Holiday entitlement
There are normally eight bank holidays a year in England and Wales, nine in Scotland, and 10 in Northern Ireland. However, in recent years with extra bank holidays being granted for the Platinum Jubilee and Queen Elizabeth’s funeral it can be difficult to ascertain employees’ entitlements and what an employer can require. Holiday Entitlement The […]
Bias in the Employment Tribunal
If you find yourself in an Employment Tribunal defending a claim and the Judge appears to be hostile to your case, it’s often the case that the word “bias” is mentioned. For understandable reasons of judicial independence, its very hard however to claim that a Judge was biased and get the Judgment set-aside and the […]
Dismissing Disabled Employees
Employers are sometimes faced with the dilemma of having to manage a seriously ill employee in circumstances where they are unable or unwilling to return to work. What do you do where you have engaged and made reasonable adjustments but the employee continues to refuse to return? The recent case of Preston v E.on Energy Solutions […]
Is consultation required in a redundancy with a pool of one?
Yes, according to the case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022 EAT 139. The Claimant was one of several nurses employed on a succession of fixed-term contracts. The employer selected her post as ‘at risk’ for redundancy on the basis that her funding was coming to an end. When the case was […]
Belief Discrimination
Is it unlawful discrimination on the ground of belief to require a Christian doctor carrying out disability assessments to use service users’ preferred pronouns? No, held the EAT in Mackereth v DWP & anor. The Claimant was employed as a Health and Disabilities Assessor for the DWP. He was a practising Christian who held the belief that […]
Is an employee’s perception of conduct enough for the conduct to be harassment?
No, according to the case of Ali v Heathrow Express Operating Company Ltd (1) and Redline Assured Security Ltd (2) The Claimant, worked for Heathrow Express Operating Company Ltd (Heathrow). From time to time Redline Assured Security Ltd (Redline) carried out security checks at Heathrow airport and Heathrow Express stations. One such test in 2017 involved […]
Is refusing to come to work for fear of catching covid a Philosophical belief and therefore protected by the Equality Act?
No, held the Employment Tribunal in the case of X v Y. This case involved an employee who took the decision in July 2020 to not return to work on the grounds of health and safety as they were afraid of catching Covid-19 and passing it to their partner. The employer therefore withheld her wages. […]
What are the requirements for employers following the scrapping of self-isolation rules in England?
The government has set out its plans on ‘Living with Covid-19’ including the removal of the legal requirement for individuals to self-isolate if they test positive for Covid-19 from 24 February 2022 and the removal of free PCR and lateral flow testing (subject to some limited exceptions) from 1 April 2022. Under these plans the […]
Employment status of Directors
It is often the case that a company director will also work in or provide services to the company. In the event of a dispute or change in circumstances, it is important to consider the director’s status, in order to establish what rights, if any, they possess and what steps should be followed. Whether a […]
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 […]
