Legal Updates

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The on-board/dashboard recording debate rages on!

You may recall that last month I warned of the problems that insurance related recording equipment may cause when clients test drive a customer’s vehicle. The old adage “loose lips sinks ships” historically means “unguarded talk may give useful information to the enemy.” To our clients however it could give useful information to their customers who may, in turn, “go public” with the recordings.
Published: 16 Mar 2016

National Living Wage – From April 2016!

From April 2016 the National Living Wage will be applicable, for Employers this means you will need to ensure any of your employees ages 25 years old and over are being paid the minimum of £7.20 per hour. The National Minimum Wage is still applicable to anyone under the age of 25 years old.


Published: 16 Mar 2016

Fake Car Airbags Update – Man Arrested

A 34 year old man from Dorset has been arrested by Police on suspicion of counterfeiting and money laundering offences relating to the sale of fake airbags. City of London Police believe 680 people made purchases from UK based eBay accounts using the names ‘EU_Trading’, ‘OMNADRENIAK1984’ and ‘barbo2007’, which are suspected of selling fake car parts.
Published: 03 Mar 2016

Beware – you ARE being watched!

Two cautionary stories here about the need to always assume that you are not alone when test driving a customer’s car.
Published: 03 Mar 2016

Consumer Protection from Unfair Trading Regulations, remembered!

Rightly, there has been much talk of the Consumer Rights Act 2015 during recent months, but dealers should remember that they must also comply with the requirements of the Consumer Protection from Unfair Trading Regulations (2008), which prohibit engaging in unfair business practices across five main categories:
Published: 02 Mar 2016

Entitlement of a deposit?

We are often asked advice when it comes to keeping a deposit, so what is the entitlement? You have a customer arrive and place a deposit on a vehicle and sign an order form. You would then hope they conclude the agreement, unfortunately sometimes the customer wishes to cancel and is requesting their deposit be returned.
Published: 02 Mar 2016

Employment Tribunal Fees

Hot news from the Supreme Court this week. They have granted permission to Unison to appeal the Court of Appeal’s decision about employment tribunal fees. Most claims if they reach hearing stage will now cost £1,200.00 in total without representation and this is being linked to the drops in claims to tribunals.
Published: 02 Mar 2016

Holiday Pay Ruling!

Earlier last week British Gas were unsuccessful in their appeal against the employment tribunals decision over holiday pay in the Employment Appeal Tribunal. The decision means that employees must now be paid for their holiday based on both basic pay, and any commission they earn. This may also extend to bonuses and overtime. This is likely to have a significant impact on the pay of workers whom previously have lost out on large payments of commission during annual leave.
Published: 02 Mar 2016

Breaking News – the worlds’ most roadworthy unroadworthy vehicle?

It is an offence to sell a vehicle that is unroadworthy. You know that (or at least we hope you do!) and we do too.  But be prepared for a little shock.
We are presently assisting one of our clients who are to be formally interviewed by Trading Standards.  A formal prosecution is an option open to them.  They are alleging that our client sold an un-roadworthy vehicle. 
Published: 02 Mar 2016

Work on Electrical Equipment, Machinery or Installations

We have prepared this simple guide; aimed at Managers having the responsibility to instruct others
(possibly) their own employees (where competent) or, more likely Contractors engaged to carry
out electrical work on their premises. Within the document there are a number of hyperlinks that
the Manager can follow for further detailed advice and guidance.
Published: 17 Feb 2016

Another Lawgistics Car Dealer wins in court

From time to time we get dealers call in to say they have not taken the right money off a client, quite often due to a typo on the invoice. It happens. In this case, our client had mistakenly put a 5 on the invoice instead of a 6 and so when the customer came to collect the car, only £5400 was taken and not £6400.
Published: 17 Feb 2016

Car Finance & Section 75 of the Consumer Credit Act 1974

Hot on the heels of our discussions about the potential negative implications of contracts between dealers and finance companies, we have this week seen a finance company try and make a claim against our client under Section 75 (2) of the Consumer Credit Act.
Published: 17 Feb 2016

More small prints woes

Following on from our legal update regarding finance companies trying to legally force dealers to effectively pay out for any complaint by a consumer, we have been  inundated with calls from concerned dealers. To be clear, not all finance companies have taken this route. However, our experience is that finance companies will sometimes roll over too easily on fear of the customer escalating any complaint to the Financial Ombudsman Service (FOS).
Published: 17 Feb 2016

Horseplay in the workplace or Hammer it home

Recently, a court refused to allow an appeal by an employee who was hit on the head by a thrown hammer. He was denied compensation from the employer and as such put in an appeal.
Published: 17 Feb 2016

Have you been affected by the floods?

Some parts of the UK have recently been affected by flooding as a result of the battering given to the country by storm Imogen and the other December/January storms. The Health and Safety Executive (HSE) has been quick to state that although they do not intend to visit premises which have been hit by flooding, employers should not overlook the health and safety issues when looking at how to get their businesses up and running again.
Published: 17 Feb 2016

Porridge for car “clockers”

If time were as easy to turn back as the odometers of cars then one wonders whether Erk Dymiter and Krystian Skowronski would have opted to indulge in the car trade as they did. Following a very long investigation by Trading Standards they were each given 18 month prison sentences.  As well as charges for reducing mileages, charges were also proven for conspiracy to defraud and money laundering offences.
Published: 17 Feb 2016

Major Construction Firm Fined £1million After Death of Worker

Construction firm Balfour Beatty has been fined after a worker lost his life whilst repairing a central reservation barrier damaged in a road traffic collision. Canterbury Crown Court heard how, a team was sent out by Balfour Beatty Civil Engineering Limited, a subsidiary of Balfour Beatty PLC, to install temporary traffic management in order to repair barriers on the A2 at the location of a collision site.
Published: 03 Feb 2016

Dealers, BEWARE of the small print!

A well-known finance house who shall remain nameless for now (you know who you are), has dreamt up a novel wheeze to ensure that all the nasty bits of Section 75 of the Consumer Credit Act (CCA) and more besides will be neatly and unceremoniously dumped on any poor unsuspecting dealer whenever the finance house (and they will) decides to capitulate to even the most spurious of consumer gripes.
Published: 02 Feb 2016

Dealer ‘run-about’ stopped for no tax!

A client reported this week that one of his ex-stock vehicles, which had been used as a ‘run-about’ in his business for several years, was recently stopped by the Police using Automatic Number Plate Recognition (ANPR) technology for having no tax (RFL).
Published: 02 Feb 2016

Dealing with Disability related absences

This is a common issue that arises in businesses up and down the country, long term sickness and potential disability discrimination.  When can an employer justifiably count a period absence attributable to an employee’s disability, when managing absence?
Published: 02 Feb 2016

Reminder about the National Living Wage

As we are now safely embedded into 2016, employers will need to start looking to changes in the law which are coming into force soon. One to start considering now is the introduction of the New Living Wage, which comes into force on 01 April 2016.
Published: 02 Feb 2016

More rights for zero hour workers

Do you have any workers on a zero hours contract within your company? If so it is worth taking some time to check over their agreement and ensuring you are compliant with new developments on zero hours contracts.
Published: 02 Feb 2016

UK Roads - More holes than a swiss cheese

The RAC has released a report which shows there has been an increase in the number of call outs to vehicle which have suffered damage due to poor road surfaces by 24%! In 2014, patrols dealt with 20,477 of these jobs whereas in 2015 this grew to 25,487.
Published: 19 Jan 2016

Supreme Court sends yet another reminder that Court Orders must be followed

A recent Supreme Court Case saw seven of the very best judges in the land consider how to deal with a party not complying with a Court Order. A court will sometimes issue an ‘unless order’. An unless order is just as it sounds, i.e. unless you do A by a certain date, you will suffer the consequences.

Published: 19 Jan 2016

Two Firms Fined £183,000 After Asbestos Management Failings

A food company and their contractor have been fined after asbestos was disturbed during building work and only identified by chance when an employee for an asbestos removal contractor attended site.
Published: 19 Jan 2016

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