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Motor Trade Legal News

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, and the three-month time limit begins to run from the last underpayment.  There is, however, no statutory definition of what amounts to a ‘series’ of deductions.

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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?”

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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.

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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.

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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 the number of employees having to self-isolate and minimise the risk of employees becoming infected by workplace transmission.

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