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.
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.
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
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.
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:
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.
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
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.
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
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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).
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?
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.
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
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.
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
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.