Motor Trade Legal News
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. The […]
Supreme Court confirms that burden of proof begins with Claimant in discrimination claims
The Supreme Court in Royal Mail Group v Efobi (2021) has confirmed that the burden of disproving an allegation of discrimination does not shift to the employer, unless the Claimant has first established a prima facie case. The Claimant identifies as a black African and Nigerian. He worked as a postman for Royal Mail. He […]
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. Whilst this will be welcomed by everyone, with each home nation taking a slightly different approach and the emergence of contrary advice and rumours, […]
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 […]
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, […]
Distance Selling Exiting Lockdown
“As a vehicle sales business I’m looking forward to opening up again. When can I open up what will happen regarding distance sales, and how can I avoid them if I want to?” Introduction During the pandemic the motor industry has increasingly sold vehicles online and at a distance. Despite this, and the fact that […]
Former Pimlico Plumbers worker not entitled to backdated holiday pay
The Employment Appeal Tribunal (EAT) has upheld the findings of the employment tribunal in Smith v Pimlico Plumbers Ltd. The case focused on whether the claimant was entitled to carry over annual leave entitlements from year to year, and whether his claim to the tribunal was lodged within the time limit. Background The claimant was […]
Vehicle Test Drives
We have been made aware of an article in cardealermagazine.co.uk (see below) discussing the legalities of providing test drives within tier 4 lockdown, and have been approached by members looking to obtain advice as to whether test drives are legal, and if so how best they can be arranged. Are test drives legal? Whilst we […]
Covid-19: Can employees be required by their employer to get a vaccination?
With no firm end in sight to the coronavirus pandemic, it continues to significantly impact employers and the workforce. Although the vaccine is not yet available to be purchased privately, employers may want employees to take the vaccine as soon as they become eligible, under the voluntary NHS programme. A high vaccination rate would minimise […]
Coronavirus UPDATE – English Lockdown
With the announcement of a lockdown in England from 06 January the English Government has produced clear guidance on the current lockdown which can be found at : https://www.gov.uk/guidance/national-lockdown-stay-at-home English Government guidance clearly states that all areas in England have been moved into level 4 and put in a temporary lockdown (with the exception of […]
