Legal Updates

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Bigger, better, busier CDX16

Bigger, better and busier this year, Car Dealer's CDX16 returned to Silverstone on May 24th. A chance for companies within the industry to showcase their products and services to motor traders from all over the U.K. A chance for Lawgistics to speak to traders face to face and answer questions on a variety of subjects. The most common of which were in relation to the Consumer Rights Act 2015. Which was lucky because Nona was giving a seminar on just that subject during the day.
Published: 31 May 2016

Employment tribunal ruled regular voluntary overtime should be included in holiday pay

In a recent decision in White v Dudley MBC case a group of workers regularly and voluntarily worked overtime and were on an on-call rota every 4-5 weeks. The tribunal decided that the extra voluntary overtime payments should be treated as part of the worker’s normal pay. This pay therefore should be included in the 4 weeks of the workers’ annual holiday entitlement.
Published: 28 May 2016

Financial penalty in force for employers failing to pay employment tribunal awards

If an employer does not pay the money awarded by an employment tribunal within 42 days or fails to transfer to the worker the sums payable under a settlement agreement by the date stipulated in the agreement, the worker can apply to get the employer fined.
Published: 28 May 2016

Fault did not render the vehicle of unsatisfactory quality - Claim dismissed.

This case involved a vehicle supplied by the Trader on the 31 March 2015, which failed just seven (7) days later. The Consumer sought to reject the Vehicle on the basis that it was not of satisfactory quality.
Published: 28 May 2016

We’re recruiting again… Legal Advisor Wanted

The introduction of the Consumer Rights Act in October 2015 has led to a huge increase in the demand for the services of Lawgistics. As a result of this we now find ourselves in the fortunate position of looking for another legal advisor to join the team. As the legal team continues to grow so does our experience, knowledge and diversity of the legal matters that concern the industry. It is therefore hugely important for us to find the right person with an open and flexible approach that will compliment our existing team.
Published: 27 May 2016

Come and see Lawgistics at CDX16

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On Tuesday May 24th car dealers across the UK will once again descend on Silverstone for the Car Dealer Expo. The Expo is bigger and better this year with more features and more exhibitors. It will showcase the best and the brightest within the automotive industry. It will highlight and give the opportunity to discuss major issues that affect the trade.
Published: 11 May 2016

Buying from Auction, your rights

Our legal advisor Jason Williams has prepared this quick quiz to test your knowledge regarding purchasing from an auction. those taking part will have the answers emailed to them in 21 days and there will be a prize for everyone who gets all the answers correct

Published: 11 May 2016

Biggest change in insurance contract law for over 100 years

The Insurance Act 2015 (the ‘Act’) received Royal Assent on the 12th February 2015 and will come into force on the 12th August 2016.
Published: 11 May 2016

Non compete Clause

In many employment contracts, the employer will insist on the need for restrictive covenants, these may include non dealing and non compete clauses. These generally play a greater role post termination.
Published: 11 May 2016

Trading Standards Prosecute a Trader

In a recent case Reading BC v Younis [2015] a motor trader was prosecuted by Trading Standards. The Defendant, Younis took a Ford KA for its MOT test and then advertised it for sale on Autotrader. The vehicle was purchased based upon this advertisement from Younis’ home
Published: 11 May 2016

Plastic – the car dealer’s inflexible friend

We get lots of enquiries about “Chargebacks”. The unlegislated arrangement whereby card providers (seemingly always) decide in a consumer’s favour and return monies to the cardholder’s account on the presumption that the consumer is always right and cars are always defective.
Published: 11 May 2016

Coming to law with clean hands in the smoke of dirty emissions

How can an independent dealer make clear to prospective customers that he specialises in the repair and maintenance of particular makes of vehicles?
Published: 11 May 2016

Travel time at work…..

HMRC have recently been investigating a number of different companies for failure to pay national minimum wage. Most of the employers in question are care providers who sends care workers to client’s homes to provide support to elderly and disabled individuals.

Published: 27 Apr 2016

My religion is better than yours…..

A recent Employment Appeal Tribunal decision has decide that disciplining a member of staff who had tried to impose her religious views on a Colleague of a different religion was fair and should not be considered unlawful religious discrimination.

Published: 27 Apr 2016

Insurance for courtesy car users and test drives

On June 8th 2015 the Government abolished the paper counterpart to the photocard driving license for licenses issued post 1998. The abolition resulted in the cessation of motor traders to readily identify license endorsements of customers using courtesy vehicles and potential customers seeking an accompanied or unaccompanied test drive.
Published: 27 Apr 2016

Problem with mechanical coupling? Then you really need to read Directive 94/20/EC!

This is a truly riveting, but rather technical 65 page tome from our friends in Brussels dealing with everything you need to know and more ‘relating to the mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles’, aka towbars and the like. Last week we were asked to advise a client on minimum and maximum distances between towbar/drawbar couplings and vehicle bodywork. Since this is something we are not asked every day, we had the perfect excuse to indulge our academic interest and delve into the Directive.
Published: 27 Apr 2016

If the Court say jump, just do it!

Recently, we had a case before the Bournemouth & Poole County Court, where the Claimant, a consumer, sought to claim third party repair costs, which he had purportedly incurred in respect of a vehicle supplied by our client. The claim was hotly contested.
Published: 27 Apr 2016

The Importance of Health and Safety

It has been a case that has received a lot of coverage in the media so it’s likely that you would of heard of the case. A brief summary if you have not, a rollercoaster at the Alton Towers theme park left five people seriously injured, this occurred due to the carriage colliding into another stationery carriage. The cause has not been confirmed but reports have indicated that it was human error.
Published: 27 Apr 2016

Tinted Windows – a cautionary tale

One of our clients sold a vehicle that contained glass that was too dark to be used on the road. In essence, the windows were tinted.  
The driver was pulled by the police who imposed a fixed penalty fine and 3 points on his licence. 
Published: 27 Apr 2016

Reminder- The National Living Wage

Following on from the previous legal update in March, from the 1st of April 2016 the new National Living wage is in place therefore from this date you will need to pay all employees aged 25 and over £7.20 per hour.
Published: 13 Apr 2016

Employers liable for their employees driving..?

As an Employer, you have a duty of care not only to employee drivers which may include self-employed and agency drivers, but also to others who may be put at risk by work-related driving activities such as other road users and pedestrians.
Published: 13 Apr 2016

Consumer Rights Wrongs

This legislation appears to be used by anyone who simply wants free use of a car for 30 days and then seek to demand their money back because of so called “faults”.
Published: 13 Apr 2016

When a bad on-line review turns into defamation

We often get requests to write to someone who has posted an online review demanding they remove certain comments.  Only very exceptionally do we do so for it allows the reviewer to comment “I gave the garage feedback and the next thing I know I get a letter from their lawyers”.  Fighting fire with fire is often not the best thing in this regard as again the garage owner may come across as being “heavy handed”.
Published: 13 Apr 2016

Another happy dealer after a court win against a consumer

In this matter, the consumer bought a 10 year old BMW 1 series. It had just over 70,000 miles on the clock and he paid £5.5k. The vehicle was purchased pre October 2015 and so the relevant law was the Sale of Goods Act 1979 and not the Consumer Rights Act 2015.
Published: 13 Apr 2016

Terms and Conditions in a Business to Consumer car sale

We get a lot of requests for us to review terms and conditions from dealers selling cars to the public. However, unlike business to business transactions - such as agreements with finance companies, terms and conditions in consumer transactions are not really something to overly concern yourselves with.
Published: 13 Apr 2016

‘Beware the Ides of March’ and yet another massive hike in Court fees!

Court fee increases for starting proceedings for the recovery of land (possession claims) and general applications came into force on Monday 21 March 2016. Not quite the 15th of the month, but no less a portent of doom, according to Shakespeare’s Julius Caesar. This will affect anyone making an application to set aside judgment, amend statements of case, or seeking permission to rely on expert evidence, or indeed any other general application using form N244.
Published: 31 Mar 2016

Teaching old dogs new tricks! Centralisation of Charging Orders and Attachment of Earnings

From the 6 April 2016 new rules will apply to Charging Orders and Attachment of Earnings applications in the County Court. The aim is to speed up the application process by reducing judicial input and simplifying the process. The processes will be centralised whereby all applications must be made through the County Court Money Claims Centre (CCMCC). Fees can be paid through a fee account and applications can be made online.
Published: 31 Mar 2016

Judge rips into consumer, again!

Last week we had a case before the Court, which had previously been adjourned part heard. On the first showing the Judge gave the consumer a dressing down for bringing the case to Court, since the vehicle should have been returned to the dealer straight away.
Published: 31 Mar 2016

Drug Driving Laws

New drug driving laws came into effect on the 2nd March 2016.  They only apply to England and Wales and not to Scotland or Northern Ireland.  The Road Traffic Act 1988 has been amended to include an offence of driving, attempting to drive or being in charge of a motor vehicle when under the influence of a specified controlled drug exceeding the maximum legal limit for that particular drug.
Published: 31 Mar 2016

Compassionate leave

Employees have no statutory right to compassionate leave so a request can be refused. Although this is the legal position, it is often seen as being unfair. Employees are entitled to take a reasonable amount of unpaid time off work to deal with certain emergencies that arise which involve their dependants. The amount of time off should be sufficient to enable them to deal with the crisis or make alternative long term care arrangements.
Published: 29 Mar 2016

The concept of “Specific Performance” in the car trade

Our client has ongoing discussions with a potential customer about the possibility of selling them a car once certain works have been done to it. Eventually, our client opts to cease e-mail exchanges and no longer wishes to consider selling it. The would-be customer is now suing our client for alleged breach of contract and it is our client’s case that there was never a contract in existence in the first place.
Published: 29 Mar 2016

Car Dealer Magazine Power Awards

Once again it is time for the Car Dealer magazine Power Awards. The Car Dealer Power Awards aim to find the best within our industry, be that a manufacturer, a particular product or a supplier who does that little bit more to help you, Car Dealer magazine wants to know.
Published: 23 Mar 2016

Tradeplates TV - A new way to get the News

The creators of Car Dealer Magazine are bringing you a new and alternative way to get news about the automotive industry, with the new online video channel Trade Plates. Like no other motoring video channel before, you’ll be part of the story.
Published: 16 Mar 2016

Company fined after worker injured by machinery

A Swansea company which manufactures plastic sheeting has been fined after an employee suffered serious injury when his hand was caught and dragged into machinery. Swansea Magistrates’ Court heard that the employee was part of a maintenance crew at ITW Limited, and was repairing a break in the plastic sheeting. The court was told the employee was rethreading broken plastic sheeting into a pinch roll when his gloved hand was caught and dragged into the rollers. The first finger on his right hand was so badly damaged it was surgically removed below the knuckle.
Published: 16 Mar 2016

More Front than a Pirelli Calendar

Fronting is perhaps more commonly associated in the world of insurance whereby parents name themselves as the main driver of their teenager’s car in an effort to bring down the now outrageously high cost of insurance for young drivers
Published: 16 Mar 2016

Long term sickness...

As an employer, you may be faced with difficulties if a member of staff has been on sick leave for a period of time. You will be aware, when a member of staff is absent due to illness, statutory sick pay is payable from the fourth consecutive day onwards, the current rate is £88.45 per week and is payable up to 28 weeks.
Published: 16 Mar 2016

When they say “I’ve been told by Trading Standards...........”

Take it with a pinch of salt – they almost certainly haven’t. What is more likely to have happened is that the person has rung the consumer advice helpline. This used to be Consumer Direct but which is now run by the Citizens’ Advice Bureaux. (CAB)
Published: 16 Mar 2016

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

Don't get personal at work

We recently heard the decision from the European Court of Human Rights which ruled that employers can justify reading workers private online messages. The Judge ruled that employers have the right to check that employees were completing their work and that the employee had breached the company’s rules by sending messages on work time.

Published: 19 Jan 2016

Is this the most ridiculous court decision ever?

A client was embroiled in a long battle with a customer over the usual type of matter –was the car faulty or not? The court directed that by a certain date each party must exchange Witness Statements with each other and send them to the court, in advance of a hearing. Additionally, the parties were ordered to appoint an independent expert witness between them and for him (or her) to submit that report.
Published: 19 Jan 2016

Are you in breach of The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013?

These not so nifty sounding Regulations came into force in June 2014. However, they were further embedded into the law by the Consumer Rights Act 2015. They set out what information you are legally required to give to customers before the customer is bound to make their purchase.

Published: 19 Jan 2016

Coming soon...on-line court for claims up to £25,000

Currently people can issue a claim through the ‘Money Claim Online’ System. If the value of that claim is £10,000 or less (as almost 70% of all claims are), it will be allocated to the Small Claims Track. Over £10,000 it will go into either the Fast or Multi Track. All three tracks usually end with a court room hearing if they are not settled along the way. However, plans are afoot for the introduction of a new on-line court system.
Published: 19 Jan 2016

Classic case of how not to prepare a claim!


This week one of our clients appeared in the Gloucester County Court to face a claim for the cost of rectifying substandard work in relation to the conversion of a van to a “High-Top Roof”. Suffice to say the claim was hotly contested.
Published: 05 Jan 2016

Pre-Delivery Inspections - Vital Evidence

We have recently dealt with a case where a client has failed to undertake full and thorough PDI checks on a vehicle prior to sale. This was to the extent that basic checks such as tyre and fluid levels were not undertaken. The vehicle sold and rejected within the first 30 days, under the new CRA 2015 'short term right to reject' rules.
Published: 05 Jan 2016

Drink Driving – the morning after the night before

Think! The Department of Transport road safety website. Has launched a new campaign to raise awareness regarding drink driving. No doubt during the festive period many alcoholic beverages have been consumed during an evening. People are failing however, to realise this will have repercussions the next day.
Published: 05 Jan 2016

Pensions – Auto Enrolment

As we enter 2016, many small employers will be aware that their time to commence pensions auto enrolment is nearly here. Most small businesses will have to be compliant from April or August 2016, and as such you should already be in the process of setting up your scheme.
Published: 05 Jan 2016

What Constitutes Office Banter and a Claim for Discrimination/harassment?

Following on from the previous legal update regarding office banter there has recently been heightened media coverage in regards to Charlotte Proudman’s outing a fellow lawyer regarding inappropriate comments.
Published: 09 Dec 2015

Denying the customer their consumer rights

The new Consumer Rights Act 2015 has made it clearer as to who constitutes a consumer and therefore who attracts the full range of consumer rights. The definition of consumer is:

“an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.”
Published: 09 Dec 2015

The burden of simply having no common sense

On the occasions I’ve ever purchased a second hand vehicle I’ve always wanted to see the latest MOT (as recent as possible please), service history, recent repairs and the sellers PDI report.  If I was still in any doubt I would invest some money in, say, an AA or RAC report (other inspection providers are available!) to tell me the condition of the car before I parted with my hard earned cash.

Published: 09 Dec 2015

Government Announces no rise in statutory payment for 2016!!!

Some good news for employers, as it is announced that the government propose to not increase key statutory payments next year.
Published: 09 Dec 2015

‘Without Prejudice' Best Wishes for the forthcoming Winter Holiday from all at Lawgistics

As a gesture of goodwill, and without any acceptance of liability, on a “without prejudice” basis we extend to you best wishes for the forthcoming winter holiday.  This is on the clear understanding that the wishes are gender neutral and do not imply any discrimination for your personal religious beliefs or if you have none, your lack of them, and further such wishes, should not be considered to reflect the beliefs, or otherwise, of the writer, Lawgistics or anyone working therein.
Published: 09 Dec 2015

Lawgistics Christmas Break Closure 2015

Our office will be closed from 1.00pm on 24 December 2015, until Monday 4th January 2016. 

Published: 09 Dec 2015

Summary Judgment and Small Claims do not mix!

This week we have received an application for summary judgment from a Claimant despite the fact that the case was suitable for allocation to the Small Claims Track.
Published: 09 Dec 2015

Potential VAT scam

We have had a busy couple of weeks with contact from a number of clients seeking advice on a potential scam letter they have received regarding VAT registration numbers.
Published: 09 Dec 2015

New Headquarters for Lawgistics

Lawgistics have moved. We have waved goodbye to our old home on the ex US airbase at RAF Alconbury and we have said hello to the slightly more historical and grandiose surroundings of Vinpenta House, a three storey Georgian town house in the centre of local market town Whittlesey.
Published: 25 Nov 2015

Abolition of the Vehicle Identity Check

The vehicle identity check was brought in 2003 to prevent vehicle ringing (where criminals make it easier to sell stolen vehicles by swapping the identity of cars no longer economical to repair with a stolen vehicle of a similar make/model).
Published: 25 Nov 2015

ADR Tales…

For those of you who may not be aware of the Regulations yet they cover the promotion of ADR (which is predominantly mediation and negotiation) in all disputes. The aim is to promote the resolution of disputes between consumers and traders prior to having to resort to court action.
Published: 25 Nov 2015

One owner vehicle?

We have had a few calls recently regarding vehicles that have been advertised as a “one owner” vehicle, later turning out to be previously owned by a vehicle hire company.
Published: 25 Nov 2015

Reasonable adjustments during recruitment

In a recent tribunal decision, an NHS worker was awarded a rather large pay out of £115,000, by successfully pleading disability discrimination against the NHS.
Published: 25 Nov 2015

Poppy Appeal

With Remembrance Day now behind us, it was interesting to see the number of news story which commented on who was, and who was not wearing a poppy, on TV.
Published: 25 Nov 2015

Entertaining can be Taxing!

As the festive period fast approaches, employers maybe look to plan an office Christmas party, or general gathering. The question is, can these be considered a business cost for tax reasons?
Published: 25 Nov 2015

The Logistics of Moving Lawgistics

We shall be waving goodbye to our present home on the ex US airbase at RAF Alconbury and saying hello to the slightly more historical and grandiose surroundings of Vinpenta House, a three storey Georgian town house in the centre of local market town Whittlesey.
Published: 17 Nov 2015

Seems that actions do speak louder than words!

You may have heard on the news recently that the first case regarding gestures has been ruled as discriminatory. It is the first case of its kind to relate to gestures rather than words being said which has been successfully won.
Published: 10 Nov 2015

Constructive dismissal? A bad case of the blues...

It has recently been reported in the news that Chelsea FC, Premier League champions 2014/15, could be facing a case for constructive dismissal. There has been a lot of media attention regarding how club doctor Eva Carneiro left the club.
Published: 10 Nov 2015

One month in – The Consumer Rights Act 2015

Following the introduction of the Consumer Rights Act 2015 last month, we have seen a surge in sales of our PDI pads as dealers have taken on board our advice to review their pre delivery procedures.

Published: 10 Nov 2015

A Case of Judicial Familiarity

You have been involved in a long running legal dispute of some 18 months or so. Finally, the big day arrives where your case is in court for determination.
Published: 10 Nov 2015

Emissions crisis - falling sales hit VW hard

Evidence that customers are turning away from VW in their droves has emerged this week in the new car registration figures published by the Society of Motor Manufacturers & Traders (SMMT).
Published: 10 Nov 2015

Supreme Court sets an important precedent in consumer contracts law

A motorist has lost his Supreme Court challenge against ‘unfair’ fines imposed by a car park, in a case which sets an important precedent in consumer contracts law.
Published: 10 Nov 2015

Last week VW… This week Vauxhall!

There have been reports of potential faults in the Vauxhall Zafira (Zafira B model launched in 2005) leading to vehicle fires. As a result of this, Vauxhall has carried out an investigation into the heating and ventilation systems of Vauxhall Zafira models.
Published: 29 Oct 2015

Vehicle Pre Delivery Inspection (PDI)

As the Consumer Rights Act 2015 has now been passed we have been heavily advocating that all our clients carry out thorough PDI (Pre Delivery Inspection) checks on vehicles before sale.
Published: 29 Oct 2015

Useful new FCA guidance on consumer credit applications

Those of our clients who are FCA registered often complain about navigating their way around the GABRIEL system.
Published: 29 Oct 2015

Displaying your Company name….What are you obligated to do?

A Judge recently allowed a Claimant to pursue proceedings against a Director personally rather than the limited company. The reasoning the Judge gave for allowing this was that the company did not communicate clearly to the customer/claimant that the they were contracting with a limited company. The government guidance suggests that the company name should be displayed at any address where the business operates and at the registered company address.
Published: 29 Oct 2015

Zero hour…

Something which has been a hot topic in the news for some time now, is the regulation of Zero Hour Contract, so as to crack down on their mis-use, the Department of Business and Innovation has released guidance for companies regarding the use of zero hour contracts.
Published: 29 Oct 2015

The Financial Ombudsman (FOS) and complaints

We often get calls from car dealers who feel they are being pushed into a corner by a finance company following a customer complaint. The usual scenario is that the customer has complained about a fault which the dealer has not upheld and so the customer has marched off to the finance company who worry about the complaint being escalated to the FOS.
Published: 29 Oct 2015

Granny Leave!

It was announced last week, that the Government plan to extend the new ‘Shared Parental Leave’ Rights, to grandparents.
Published: 16 Oct 2015

Travelling time maybe considered 'Working Time'

In a recent ruling, it was decided that any employee, who does not have a fixed place of work, will be allowed to claim that their travel time, to their first job and from their last job form part of the employees working hours.
Published: 16 Oct 2015

Breach of Trust and Confidence?

Section 10 of the employment Relations Act 1999 sets out the rights for workers and employees to be accompanied by a trade union representative or a fellow worker at a disciplinary hearing. This does not apply to investigatory meetings.
Published: 16 Oct 2015

Bodyshop Spray booth risks

Figures report an estimated 50 workers being newly diagnosed each year for occupational asthma, which could lead to you, as the employer having to make adjustments to the employees working conditions, or potentially becoming liable for a personal injury claim
Published: 16 Oct 2015

Where do you keep your petrol cans?

It’s a common perception to store flammable liquids in a gas store however guidance from the British Compressed Gases Association (BCGA) suggests this should not be the case!

Published: 16 Oct 2015

VW emissions scandal fallout affecting goodwill work

The VW Group, which includes Audi, SEAT, Skoda and of course VW, amongst others, faces one of the biggest crises to hit the automotive industry in living memory.
Published: 16 Oct 2015

Consumer Rights Act 2015...getting it right

Well done WMS for their proactive approach to the Consumer Rights Act 2015 however Lawgistics the legal firm to the motor trade feel that we must point out a couple of inaccuracies.

Published: 09 Oct 2015

Lawgistics Goes Bananas #B4B15

Although better known for the serious business of bringing legal solutions to the motor trade, Lawgistics have a slightly more humorous light hearted side. A side that we shall be showing over this weekend as two members of our team, ‘The Judge’ and ‘The Lawyer’ leave these shores and tear across Europe in the name of charity, (well that’s what they’ve told the office anyway), on the Bangers for Ben 2015 charity rally.
Published: 08 Oct 2015

New Rules for selling GAP insurance

From the 1 September 2015 GAP insurance products can no longer be sold at point of sale and a list of prescribed information will need to be made available to customers at least two clear days before any sale of such product can be concluded.
Published: 29 Sep 2015

Turbans in the Workplace

As from the 1 October 2015 the right for Sikhs to wear turbans, instead of safety helmets (currently only allowed on building sites) will be expanded to all workplaces, subject to various exceptions in accordance with sections 6 and 7 (Northern Ireland) of the Deregulation Act 2015.
Published: 29 Sep 2015

VW leaves the rest of the industry fuming!

We are sure you will have heard all about the VW scandals this week and the effects could be very far reaching with 16% of all vehicles in the UK being VW Group Cars. VW have admitted that they have used software in their vehicles to ‘cheat’ emissions testing, producing lower emissions results in testing than are achievable in normal driving conditions.
Published: 29 Sep 2015

Warranties - The Good, the Bad and the Ugly


As you may have seen with our earlier email update this week on the Consumer Rights Act 2015 (CRA2015) dealers will only have one opportunity to make repairs to a vehicle in the event of a fault rendering the vehicle unfit for purpose, not of satisfactory quality or not as described. If the repair is not successful or another different fault occurs the consumer will have the right to reject the goods and obtain a refund or a price reduction.
Published: 29 Sep 2015

On premises sales, off premises sale and distance contracts

Most sales by our dealers will be subject to the ‘on premises’ sales rules within the Regulations given that an on ‘on premises’ sale is defined in the Regulations as a contract between a trader and a consumer which is neither a distance contract nor an off premises contract.
Published: 29 Sep 2015

Bangers for BEN2015. Please Help

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Here comes the Law....HOO RAH! The boys are ready. The car is ready...almost. All we need are the donations. Help us to help BEN give us whatever you can. The more you give, the faster we go and while we do not in any way condone breaking local traffic regs, we will be disappointed if we dont pick up at least one speeding ticket.

Published: 15 Sep 2015

I'm bringing the car back because...Your stories

Further to our request for the weird, the wonderful and the downright ridiculous reasons that consumers have wanted to return their cars here are the top five for this week.
Published: 15 Sep 2015

Watching the clock??

We constantly deal with problems involving ‘clocked’ vehicles and their sale. A vehicle may be bought and sold many times without anyone involved being aware the vehicle has been clocked even if you have carried out all the relevant checks with due diligence, and this can cause you the dealer all sorts of problems!
Published: 15 Sep 2015

New Fight against Parking Fines:

New website that has been launched to assist people in the ongoing fight against unfair parking fines.
Published: 15 Sep 2015

Consumer Rights Act 2015 - Rejects and refunds

We have had some queries recently on how quickly a refund will have to be given if a consumer rejects the vehicle within the first 30 days of ownership when the new Consumer Rights Act comes into force.
Published: 15 Sep 2015

Is your selling going the distance?

As you probably are aware, the Long distance selling regulations were incorporated into The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which apply to any sale that is conducted online, at a distance or away from a traders premises, so what effect does this have on you as a trader?
Published: 15 Sep 2015

Fit for work?

From the 8th September the new Government scheme ‘Fit for Work’ is now in force nationwide, and therefore available to all employees and employers. The service has been set up to help working people who have been, or are likely to be, off work for four weeks or more.
Published: 15 Sep 2015

Bangers for BEN2015 - THE COURT IS IN SESSION…

Myself and Joel have chosen our chariot for the forthcoming charity road trip across Europe. Thankyou for all the kind offers we received from dealers up and down the country for cars. We have decided to take a much loved and much battered ‘51’ plate Golf GTi. 140 000 genuine miles on the clock and years of faithful service to its owner. Bangers for BEN is a fitting way to say goodbye to this trusty servant
Published: 03 Sep 2015

I’m bringing the car back because…

As we head towards the incoming Consumer Rights Act 2015 and the 30 day ‘short term right to reject’. We thought it would be interesting to find out some of the weirdest, funniest and just downright craziest reasons that customers have given for attempting to return a vehicle after
Published: 03 Sep 2015

Holiday Pay – Carrying over entitlement to the next year

If an employee is on long term sick, they are entitled to carry any untaken holiday, whether they were able to take it or not, for a period of 18 months.
Published: 03 Sep 2015

Increase in Minimum Wage – what does the next 12 months hold?

It has been announced that minimum wage is set to increase again this October, be ahead of the game.
Published: 03 Sep 2015

Consumer Rights Act 2015-Video Evidence

The Consumer Rights Act will all too soon be upon us and with it will arrive a whole new raft of “rights” available to the customer who becomes dissatisfied with their purchase. One of the more onerous clauses in the Act will be the full right to reject the goods within the first 30 days for ANY fault, not just a serious fault.


Published: 03 Sep 2015

Are you breaching the new rules for FCA Regulated firms?

January and July this year saw two new rules to which any dealer who has a credit licence will need to adhere.
Published: 03 Sep 2015

Refunds under the Consumer Rights Act 2015 - deductions for use by customer

Under the short term right to reject, even if the customer has had the vehicle for 29 days of the 30 day period, they appear to be entitled to a full refund.

Published: 03 Sep 2015

Repairs it’s all about consent…

Here at Lawgistics we regularly have discussions with traders who casually say “It’s being repaired as we speak” Our reply is always “Do you have authorisation to repair?” Repairs should only be started when permission is given by the consumer.

Published: 18 Aug 2015

Dartford Crossing News!

We have had a number of cases recently with people experiencing issues with the changes in the Dartford Crossing (“Dart Charge”) charges. This piece of news will especially apply to those of you operating in this area or those of you who are delivering vehicles.
Published: 18 Aug 2015

Disability – Type 1 or Type 2?

The Employment Appeal Tribunal recently had to consider the issue is diabetes is a disability? For a condition to be classed as a disability, the condition must have a substantial and long term effect on day to day activities.
Published: 18 Aug 2015

Replacement engines – beware of easy rejection claims!

We’ve recently had a number of cases involving replacement engines on vehicles. If the work is being carried out by yourselves or you are paying for the work it is essential to remember to update the DVLA regarding the changes.
Published: 18 Aug 2015

County Court Judgments (CCJs)

Figures released on 6 Augusts 2015 by The Registry Trust show a fall in the number of CCJs recorded against businesses.
Published: 18 Aug 2015

The short-term right to reject under the Consumer Rights Act 2015

Who is responsible for returning or collecting a vehicle that has been rejected within the 30 day short-term right to reject period. You the dealer, or the customer?

Published: 18 Aug 2015

Court reduces consumer claim of £10,000 to just £230...

Our client, a car dealer, recently faced a claim for damages for amongst other things, car hire charges, the cost of a replacement gearbox, loss of earnings, the cost of a replacement warranty, interest and costs amounting to almost £10,000. However after hearing the case the Court reduced the consumer claim of £10,000 to just £230!
Published: 13 Aug 2015

Warning: HMRC to investigate Company Car and Courtesy Car Taxation and Employee use of Demonstrator vehicles

It has been brought to light this week that HMRC will be launching an investigation to ensure that employees are paying the correct amout of Benefit in Kind tax (BiC) on company cars that they use.
Published: 05 Aug 2015

Employees and Alcohol

A recent Employment Tribunal case brought about an interesting decision regarding employees and alcohol, what can an employer do if an employee arrives at work smelling of alcohol? How far can employers, realistically go in terms of controlling an employee’s social habits, when alcohol is concerned?
Published: 05 Aug 2015

Agency workers

It’s now normal practice for companies to use agencies for workers from time to time, this is generally to cover the peak or holiday seasons. Whilst it is seen as temporary staff, it is important to remember that the workers are directly under your supervision and you still have responsibilities for their safety.
Published: 05 Aug 2015

When a sheriff arrives

A popular TV show “The Sheriffs are Coming” on BBC1 (other shows and channels are available) recently featured  a consumer enforcing costs owed for a rejection of a vehicle.
Published: 04 Aug 2015

New rules mean a customer can reject a car within the first 30 days after purchase

If a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give
Published: 04 Aug 2015

New Industry Podcast - Download TODAY!

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Car Dealer Podcast is a new free to listen show aimed wholly at the motortrade
Published: 29 Jul 2015

Hand held grinders, a Health and Safety perspective

Hand held grinders are used in many garages and bodyshops, be safe when you or staff members are using them.

Published: 21 Jul 2015

Autotrader auto fill mishaps!

Following on from our last legal update about the Autotrader website and the issues with the auto fill function, we are still hearing about problems with the system.

Published: 21 Jul 2015

Worn out? Tread carefully

Be careful when selling vehicles which have part worn tyres, make sure they adhere to all legal requirements.

Published: 21 Jul 2015

Range Rover Recall

Do you have on your forecourt, or have you sold any 2013/16 Range Rovers?

Published: 21 Jul 2015

Hashtag hijacking on #Twitter - Is it right?

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Many businesses these days will have a social media presence online; include, among others, a twitter account. However, companies may not be aware of a recent trend which has begun, called ‘Hashtag Hijacking’, which could be an issue for your business.
Published: 21 Jul 2015

Revving up for October

October 2015 brings the implementation of the Consumer Rights Act 2015 which will become the main piece of legislation on which consumers will be relying when buying a car.
Published: 21 Jul 2015

The new Alternative Dispute Resolutions (ADR) Rules – date change

The new rules on ADR were due to come in on 9 July 2015 in accordance with the Alternative Dispute Resolution for Consumer Disputes Regulations 2015. However, those Regulations were recently amended and the implementation of the new Rules, in terms of business information requirements, has been pushed back to October.
Published: 21 Jul 2015

Lawgistics Execs seek old banger to ride round Europe

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Lawgistics are proud to announce that we will be taking part in this years BANGERS FOR BEN. We shall be packing up our gowns and wigs and heading for the continent. They tell us it's not a race....

We'll see about that.

Published: 15 Jul 2015

Changes to Holiday Pay

There have been further changes to the law in relation to holiday pay, employees are now being limited to backdating any claims for holiday pay, to no more than 2 years.
Published: 07 Jul 2015

Can civil proceedings be served upon a defendant’s last known address?

Civil proceedings can be served upon a claimants last known address.


Published: 07 Jul 2015

Why has the County Court asked me to pay two fees

Why has the County Court asked me to pay two fees for an application to set aside judgment and a stay of enforcement?
Published: 07 Jul 2015

Vauxhall Cannibalisation

In and around Bedfordshire, owners have been waking to find their Vauxhalls dismantled overnight! Bedfordshire Police say there have been more 500 offences in which components have been stolen from Vauxhall Astras and Corsas since August 2013.
Published: 07 Jul 2015

Selling on the highway – Where do you stand?

A Wirral dealership has recently been fined £1500.00 for selling a vehicle on the public highway. The council pursued the dealer, for continually placing vehicles on the road outside their premises, with clear advertisements on them denoting that they were for sale.

Published: 07 Jul 2015

Office banter becomes harassment

In a workplace it’s common for colleagues to have conversation, play practical jokes or have “banter” but there is a fine line as to when this may be seen as harassment.
Published: 07 Jul 2015

Dealer Portal – a case of misdescription?

Although boxes of information were completed by our client, the particular information regarding the number of previous owners was not displayed. This was despite the fact that it was a mandatory element that had to be completed in order to submit the advert.
Published: 07 Jul 2015

Fight it out in Court??

The Alternative Dispute Resolution Consumer Disputes Regulations 2015 (bit of a mouthful!) makes it (almost) a requirement to attempt to resolve disputes prior to making a claim against a person or a business. The legislation comes into force on the 9th July 2015 so in the next few days. As it is a new piece of legislation it remains to be seen how it will develop and work in practice, however, we can tell you what your new legal obligations are now.
Published: 07 Jul 2015

Manufacturers warranties......Rusty words? Corroded promises?

Recently we have encountered some unhappy consumers because of a warranty they have been sold by Mercedes Benz with their new cars.
They sell cars with a 30 year anti- corrosion warranty which suggests that any rust would be covered. Wrong!! Many consumers we have heard about have had major rust issues within the first few years of owning their cars.  So who's responsible?  Mercedes or the supplying dealer?
Published: 07 Jul 2015

Team Lawgistics go 'the extra mile' and then some...

'Team Lawgistics' took part in the Huntingdon 10k Charity Run to raise money for SILA, The Sarcoidosis Charity.

Published: 23 Jun 2015

Car Dealer Magazine Expo 2015

We just wanted to say a big thank to everyone who came to the Car Dealer Magazine Expo on 09 June 2015. It was great to meet so many of you, both old and new faces.
Published: 23 Jun 2015

What is ‘Astroturfing’ and how might it affect me?

Research has found that some businesses are ambushing rivals with fake reviews and customers are using the threat of online criticism to win discounts. Known as ‘astroturfing’, this is the practice of creating fake grass root reviews on unnamed sites.
Published: 23 Jun 2015

Halfords pleaded guilty to 8 offences and ordered to pay a hefty £32,000

We often hear of consumers taking their newly purchased vehicles to Halfords for one of their comprehensive safety checks, or a premium service, then returning the car to our clients with a ‘wish list’ of things they want replacing or repairing, regardless of whether they were wear and tear items or not, the list often being based on advice from Halfords.

Published: 23 Jun 2015

Test Drives and the abolishment of the paper counterpart

How do I satisfy myself and my trade insurers as to the extent of a customer’s motoring convictions before agreeing to supply a vehicle for a test drive?


Published: 23 Jun 2015

Court cases and cambelts

It could be tricky if you sell a car which is overdue a cam belt change, you could arguably be found liable for any damage from it failing, especially if you have advertised the vehicle as having a full service history or if you claim to have serviced the vehicle ready for delivery.
Published: 23 Jun 2015

Good preparation is key to winning in court

As soon as a customer issues a court claim against you, you should seek legal advice. Cases can be won or lost on how well the case is presented and it is important to have a plan from the start. We regularly help our members assess the merits of the case against them and will advise on best and worst case scenarios.
Published: 23 Jun 2015

Bang goes the theory!

If you provide excellent customer service above and beyond your legal obligations then you will probably have a very successful business, however, should you really need to provide a ‘Gold Standard’ customer service to have a successful business?
Published: 09 Jun 2015

Stand by your desks

Little things that could help to avoid employee long term sickness in the workplace.

Published: 09 Jun 2015

Disciplinary Meetings – Dos and Don’ts!

Dealing with disciplinary matters can often be daunting and difficult for managers and business owners to deal with, which often ends up in mistakes being made. We therefore strongly urge clients to ensure that their managers, or whomever is handling a disciplinary is fully aware of what the process entails, what the purpose of the process is, and what legally could derail the process.
Published: 09 Jun 2015

Watching the Watchdog

Reviews, scams and the Car Dealer Watchdog. It seems that the review site Car Dealer Watchdog is still causing problems for some dealers.
Published: 09 Jun 2015

Section 75 refunds

If a customer uses their credit card to make a payment towards a vehicle priced between £100 and £30,000, they have the legal right to approach their credit card company with a complaint about that vehicle
Published: 09 Jun 2015

Eligibility to Statutory Sick Pay?

We’ve recently had enquiries in regards to Statutory Sick Pay (SSP).  As you will be aware, smaller employers were able to claim SSP from the Government.  However this was abolished in April 2014. For a limited period you may be able to recover SSP for previous tax years.
Published: 27 May 2015

Can you foresee stress in the workplace?

In a recent Employment Tribunal decision, it was discussed whether an employer could be liable for a psychiatric illness caused purely by the stress placed on staff in the course of their employment.
Published: 27 May 2015

Newsflash – Zero hour contracts exclusivity ban

It has been announced in the news this morning that the ban on exclusivity clauses in zero hours contracts, has finally come into force.
Published: 27 May 2015

Beware of the cookie monster!

Cookies have been around since 1995.  They are simply a piece of information in the form of a very small text file that is placed on the website users hard drive.
Published: 27 May 2015

Bailiff Fees

List of the fees that High Court Enforcement Officers (HCEOs or bailiffs in the old terminology) can legitimately charge when collecting a debt.
Published: 27 May 2015

Enforcement of a County Court Judgment (CCJ)

Our clients can find themselves on both sides of the County Court Judgment (CCJ) enforcement rules. They may have been to court as the Claimant, perhaps taking action against a supplier who sold them faulty goods, or as the Defendant in a case that a customer has bought regarding a vehicle.
Published: 27 May 2015

Airbag woes!

It has been announced that Honda and Daihatsu are recalling some five million cars globally to replace potentially deadly airbag inflators made by Takata.
Published: 27 May 2015

Visit us at the CDX15 - Stand S239

On June 9th car dealers across the UK will descend on Silverstone to showcase the best and the brightest within the automotive industry and to highlight and discuss major issues that affect the trade.
Published: 12 May 2015

Timescales and Costs - What is seen as reasonable?

When selling vehicles, it is inevitable that every so often an issue with a vehicle will occur shortly after your client has taken ownership of that vehicle.
Published: 12 May 2015

Promising (or expecting!) the world?

Here at Lawgistics we feel quite sorry for the Audi Garage in Watford that was recently presented with a restaurant bill for £714.61.
Published: 12 May 2015

Be on the ball – it may cost you

This month we have had some unfortunate legal queries due to unfortunate clerical errors that clients have found to have been costly!
Published: 12 May 2015

Working Time – What is included and what isn’t?

In a recent Tribunal case, the issue about what is and is not included within the scope of ‘Working Time’ has been re-examined.
As you will be aware, employees are entitled to a daily rest period of 11 hours within a 24 hour period.
Published: 12 May 2015

Further changes to County Court Fees

County Court fees are on the rise again!
Published: 12 May 2015

Close your eyes and listen….

Are you playing music in your show room? Are your mechanics listening to the radio right now whilst working?
If so are you correctly licensed to do this? We have recently been contacted by a number of our clients who are falling foul of the licensing laws.
Published: 12 May 2015

How do I make a claim for pothole damage?

Many years of under investment by the Government has left roads in the UK in an appalling state of repair leading to a steep rise in damage to vehicles as a result. Drivers now face an annual bill for pothole repairs of £52 million!
Published: 12 May 2015

The Motor Trade law firm that goes the Extra Mile

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Winning the Extra Mile award. This award is given to the company whose clients believe they go that little bit further or do just that bit extra to get the job done. This award means the world to us.
Published: 27 Apr 2015

The counterpart of the driving licence is being scrapped, how is this going to affect my business?

If test drives, hire vehicles or even courtesy cars are a part of your daily business then you will notice the change that is due to be implemented on 8th June 2015.
Published: 27 Apr 2015

Good news from the courts for car dealers

As a car dealer being taken to court, you may well feel that you will be judged before even stepping inside the courtroom when up against a consumer.
Published: 27 Apr 2015

Cars sold on HP

Many of our dealers sell cars on HP whether that is through themselves as an authorised FCA broker or via one of the online brokers which customers can approach direct.
Published: 27 Apr 2015

Car Dealer Power Awards - Thank you

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The whole team at Lawgistics would like to say a huge thank you to everyone who took the time to vote for us in the Car Dealer Power Awards.
Published: 14 Apr 2015

Changes to Employment Law from 05 April 2015

It’s that time of year again when a number of changes in the employment law sector will come into force.
Published: 14 Apr 2015

New Rights for Consumers

On 26 March 2015, the much talked about Consumer Rights Bill finally completed its long journey backwards and forwards through the Houses of Commons and Lords to metamorphose into the all singing and all dancing Consumer Rights Act 2015.
Published: 14 Apr 2015

Keeping consumer issues out of court

Following the introduction of the small claims free mediation service in April 2013,  more measures are on the way to help parties settle their dispute without the need to argue it out in front of a judge.
Published: 14 Apr 2015

Motorist gains 40 penalty points without ever having a full or provisional driving

A motorist from Lewisham, London, has racked up 40 points for 12 driving offences despite never holding a full or provisional driving licence.
Published: 14 Apr 2015

Fake Policeman feels the long arm of the law

Last week a man from Lincoln, admitted impersonating an officer and stopping motorists by using a blue flashing light on the dashboard of his Saab 93.
Published: 14 Apr 2015

In memory of Dennis, the team run for charity

Dennis Chapman, a partner in Lawgistics, who sadly died on Wednesday 25th March 2015, was not always the most sport-orientated of men. So it is with a degree of irony and much affection that Lawgistics have created a team to run in his honour to help raise funds for SILA - The Sarcoidosis Charity.
Published: 27 Mar 2015

Lawgistics bids a sad farewell to friend and colleague Dennis Chapman

It is with profound regret that Lawgistics announces the death of founder partner Dennis Chapman on Wednesday 25th March 2015, following a short illness.
Published: 27 Mar 2015

Minimum Wage will rise again this year!

As proposed by the Low Pay Commission the minimum wage will increase again this October by 3%.
Published: 17 Mar 2015

The war on parking, a brief reprieve?

It seems that the government are for once making a positive change in relation to parking fines. From later this month all on and off street council parking spots will be given a 10 minute grace period from the expiry of the time on the ticket, before a fine is issued.
Published: 17 Mar 2015

Lose your plate?

Many people now have cherished plates on their vehicles and we wanted to clarify the guidance on how not to lose your clients plates!
Published: 17 Mar 2015

A campaign to combat the demonisation of diesel has been launched by the UK's leading motor industry association.

A campaign to combat the "demonisation" of diesel has been launched by the UK's leading motor industry association.
The Society of Motor Manufacturers and Traders (SMMT), along with BMW, Ford, and Jaguar Land Rover, believe fears over diesel are misplaced.
Published: 17 Mar 2015

The DVLA and Car Tax

As reported in a previous update, some dealers are experiencing problems emanating from the car tax changes last October whereby some of their customers have recently been fined as they were unwittingly driving around untaxed following some early confusion over the new rules.
Published: 17 Mar 2015

The DVLA & Cherished Plates

Many of the issues with cherished plate transfers are not helped by the slow processing times at the DVLA.
Published: 17 Mar 2015

2015 Car Dealer Power Awards – VOTE LAWGISTICS

Car Dealer Magazine need your help to discover the manufacturers and suppliers who do their best for you, who gives the best support to and who goes the extra mile for their clients. It’s time for the Car Dealer Power Awards.

The biggest and most comprehensive survey within the industry. There are lots of questions about manufacturers and suppliers, quality of service, quality of product. Who you use for finance, website design and most importantly for us at Lawgistics, who do you use for warranty products.
Published: 09 Mar 2015

Low Carbon and Renewable Energy Survey

The office for National Statistics have recently sent out a survey for Low Carbon and Renewable Energy, as this is being sent out to over 40,000 business some of you have already been contacting us with queries regarding this.
Published: 04 Mar 2015

Unreasonable conduct comes at a cost!

When the court comes to consider costs in a case, it has regard to all the circumstances, including the conduct of the parties before as well as during the proceedings
Published: 04 Mar 2015

Enter a plea online is being launched by the government

A service allowing motorists in England and Wales charged with summary motoring offences to enter a plea online is being launched by the government. From Monday, those charged with a minor motoring offence such as speeding or not having insurance can enter a plea 24 hours a day via a secure website.
Published: 04 Mar 2015

PPI complaints rumble on

complaints against our dealers for the mis-selling of PPI on car finance deals
Published: 04 Mar 2015

NEW DRUG/DRIVING REGULATIONS

As from 1st March, 2015 the law has changed in relation to driving while under the influence of drugs.
Published: 04 Mar 2015

Internet Reviews & Scams


In our experience, some review sites are more clued up than others when it comes to their legal responsibilities.
Published: 17 Feb 2015

Using CCTV

If your business uses CCTV you must tell people they may be recorded.

Published: 17 Feb 2015

Changes to bankruptcy and Debt Relief Order rules

The Government have announced that from October 2015, the bankruptcy creditor petition limit will be raised from £750 to £5000.

Published: 17 Feb 2015

Hangovers from last October’s Vehicle Tax Changes

The effects of the above changes are still impacting on our dealers four months into the new system.


Published: 17 Feb 2015

New rules on smoking in vehicles introduced

It has been announced this week that from 1 October 2015, smoking in vehicles will be banned if you have a person under the age of 18 in the vehicle with you.
Published: 17 Feb 2015

Pre Election Promises – What changes could the election bring for businesses?

With the election only a few months away, we will be looking at what promises and pitfalls some parties intend to implement should they come to power.

Published: 17 Feb 2015

One Flew Over the Cuckoo's Nest

A tale of trivial pursuits.  The Court of Appeal case of Egan v. Motor Services (Bath) Ltd (2007) highlights the importance of seeking sensible early legal advice in order to save unnecessary expense.

Published: 04 Feb 2015

High value motor dealers - beware!

If your business accepts cash payments of €15,000 or more (or the equivalent in any currency) in exchange for any goods then you will be classed as a ‘High Value Dealer’ and you will need to register with HM Revenue and Customs (HMRC) for supervision under the Money Laundering Regulations 2007.
Published: 04 Feb 2015

Shared Parental Leave – Calculator now available

The Government has now released an online calculator to assist employers and employees in calculating their wage in preparation for the new Shared Parental Leave Regulations.

Published: 04 Feb 2015

Obesity as a Disability…..Maybe not!

Further to our update on 04 August 2014, there was speculation that the ECJ may be making a ruling that obesity could become a disability for the purposes of the Equality Act 2010.

Published: 04 Feb 2015

Free Cars - the County Court Car Giveaway

On a rating of 1 to 10, how much do you enjoy giving your stock away? It seems a daft idea but regrettably it’s happening.


Published: 19 Jan 2015

Juke Box Jury - Check your spec...

There's been a bit of controversy recently about whether new Nissan Jukes should have an automatic door locking feature when the vehicle reaches a low speed at start off. 

Published: 19 Jan 2015

Business Rates Scams - no win no fee?

We get a steady trickle of complaints concerning these organisations who seem ever ready to fleece you of your hard earned cash for very little effort.

Published: 19 Jan 2015

Mediating in small claims - Say yes!

This week saw another of my clients reach a satisfactory outcome at mediation.
Published: 19 Jan 2015

Inspection, inspection, inspection!

If a consumer reports faults with a car within six months of sale then the onus is upon the dealer to prove that the faults were not present at the point of sale, otherwise the dealer will be deemed responsible for them.
Published: 19 Jan 2015

Reminder - Payment of Apprenticeship Wages

A reminder as to the minimum wage requirements for apprentices; if the apprentice is between the ages of 16 and 18 (inclusive) then they are entitled to the apprentice wage of �2.73 per hour.

Published: 19 Jan 2015

Update on Holiday Pay and Overtime Changes

Just before the end of the year, the government have released further guidance in relation to the ongoing debate regarding holiday pay and overtime calculations.


Published: 19 Jan 2015

Residential and Commercial Tenancies

According to the Property Data Report 2014 over one half of the UK's commercial property is rented.

Published: 06 Jan 2015

Full Service History - The hidden danger

Of course when describing a vehicle as having "full service history" it is not only the consumer who avidly reads the advertisement.

Published: 06 Jan 2015

FiSH? - Full Service History

The advertisements are legion - every car to be sold seems to be attached to the acronym "SH"
Published: 06 Jan 2015

Lawgistics "Top 5"Legal Changes/Challenges for 2015

Lawgistics Director of Legal Services, Dennis Chapman and Employment Law Specialist, Nicola Porter have identified the following five pieces of legislation which will have a big impact on dealers in 2015. 

Published: 06 Jan 2015

Lawgistics Christmas Break Closure 2014

Our office will be closed from 12 pm Christmas Eve to Monday 5 January 2015. 



Published: 15 Dec 2014

A word in your ear - Vehicle Sales Invoice/Sales Vehicle Order Forms

Dealers often don't realise the legal significance of words both printed and written on sale documentation. 

Published: 08 Dec 2014

Be careful - proposed new penalties could put you out of business

There is a new and worrying feel about the level of fines that may be imposed for health and safety offences and corporate manslaughter. 

Published: 08 Dec 2014

'Without Prejudice' Best Wishes for the forthcoming Winter Holiday from all at Lawgistics

As a gesture of goodwill, and on a "without prejudice" basis we extend to you best wishes for the forthcoming winter holiday. 


Published: 08 Dec 2014

Sale of Goods Act and the ‘6 month rule’

It is not unusual for customers to rock up and demand that our dealers provide a refund or repair for their used car because xy or z has happened in the first 6 months after purchase.

Published: 08 Dec 2014

Negotiating Court fees

As discussed in our court claims article it is cheaper for a money claim to be issued on line through the Money Claim On Line system .

Published: 08 Dec 2014

Misdescription - The devil is in the detail!

Motor traders using online sales adverts must take care to ensure the descriptions, which are often generated automatically from the make/model/registration number of the vehicle for sale, are accurate.
Published: 08 Dec 2014

An Employers HR Nightmare - The Office Party

It's that time of year where everyone begins to get into the festive spirit.  Here’s how it can, from a HR perspective, become an employers worst nightmare.

Published: 08 Dec 2014

Customer Care and less can be more

We see it many times – the dealer and the customer are almost at locked horns from the time the wallet is opened and the car keys are taken off the hook. 

Published: 21 Nov 2014

Risks associating with carrying acetylene in vehicles

The Health and Safety Executive (HSE) have recently published a video of a van exploding as a result of the build up of acetylene in a closed environment.

Published: 21 Nov 2014

Health & Safety fees are set to increase early in the New Year

The Sentencing Council of the UK have set out their recommendations for the sentencing of Health and Safety offences in their latest draft guidance sent out for consultation.

Published: 21 Nov 2014

Potholes: Are they causing vehicle problems?

It has been recently reported that potholes are again becoming an increasing problem on Britain’s roads.
Published: 21 Nov 2014

Some Section 75 good news

My last update discussed payments by credit cards and the extra protection this gives to the consumer.

Published: 21 Nov 2014

Chasing customers and businesses who owe you money

Many of our clients approach us to help them call in debts owed to them be it by customers or other businesses to whom they have supplied goods and services.

Published: 21 Nov 2014

Motor trader beware!

We have seen two cases this last week, involving the same lender, where a motor trader purchased a vehicle after a clear HPI search to discover many months later that the lender has now registered its interest under a hire purchase agreement late
Published: 21 Nov 2014

Company Secretaries – check your headed paper!

This week we received an enquiry from a company that used a trading style but had omitted reference to the Company from its headed note paper, which were likely to be made available to third parties.
Published: 21 Nov 2014

Welcome to Fenners’ new look

We launched our new website www.fennerschambers.com at the end of October. It's part of a comprehensive updating of the way we present our services to solicitors, other professionals, and the wider public. With blogs and Twitter feeds coming on stream, as well as regular case and legislative updates, we hope the legal- and wider- community in the East of England will find the site a useful source of views and commentary on current legal developments.
Published: 15 Nov 2014

BREAKING JUDGEMENT - Overtime could now be included in Holiday Pay

The Employment Appeal Tribunal has this week made a landmark decision in relation to the calculation of holiday pay.

Published: 10 Nov 2014

Parking Ticket Refunds

A recent ruling by the Traffic Penalty Tribunal has led to 13 motorists in Gloucestershire receiving a refund of their parking fines.

Published: 07 Nov 2014

Car Insurance costs drop – allegedly!

A major insurance company has announced that due to the way the court system now handles whiplash claims (the ones that prove to be bogus or exaggerated), there has been a significant saving of millions of pounds.

Published: 07 Nov 2014

Test the water before you dive in...

Used cars break down – fact!  Take your time to work out what you need and don’t need to do.

Published: 07 Nov 2014

Are you up to date with your CONC?

The Financial Conduct Authority (FCA) have their own rules concerning credit advertising overlaid on the existing legal framework in the Consumer Credit (Advertisement) Regulations 2010. 

Published: 07 Nov 2014

Should I stay or should I go?

This week we advised on a case involving a client running a workshop from rented premises who had received notice to quit from his landlord giving him just two weeks to vacate. Understandably alarmed the client posed a question that left ‘The Clash’ ringing in our ears?

Published: 07 Nov 2014

Accepting credit cards for payment and Section 75 refunds

A recent survey by the consumer organisation Which? shows that a quarter of people are unaware of the protection offered to them by Section 75 of the Consumer Credit Act.
Published: 07 Nov 2014

A Clamp down on Spamming!

The government have opened consultation in relation to the fines imposed on companies who ‘spam’ their customers by text, email and phone.
Published: 07 Nov 2014

Watch thy mouth

Employers and employees must be careful when using certain words within the workplace, as they could be seen to be committing religious discrimination.

Published: 07 Nov 2014

New laws on petrol filling stations

There are new regulations The Petroleum (Consolidation) Regulations 2014 affecting those motor dealers/repairers who also sell petrol. 

Published: 23 Oct 2014

Caution when chased for payment by business directory organisations

We have received concerns from clients about two business directory companies, ‘Industry and Commerce’ and ‘Clever Business Directory’.

Published: 23 Oct 2014

Please Santa, a Calendar for Christmas...

One of our clients had a letter from their local County Court:


Published: 23 Oct 2014

1066 - A good year for motor traders!

Most people know this to be the year of the Battle of Hastings and the Norman Conquest;

Published: 23 Oct 2014

T & C’s or not to be, that is the question…

Placing terms and conditions (“T & C’s”) on the reverse of sales invoices is rather like closing the stable gate after the horse has bolted! Under contract law an invoice is generally a post contract document.

Published: 23 Oct 2014

The UKIP Factor - New rules for West Midlands landlords

As this Government tries to win back voters from the UK Independence Party, new rules are being introduced by the Home Office under the Immigration Act 2014.

Published: 23 Oct 2014

New ACAS Guidance on dealing with difficult conversations

ACAS have this week, tried to refocus the employers attention on dealing with difficult conversations you may have with members of staff. The link below is to a guidance booklet they have produced for employers.

Published: 23 Oct 2014

Selling a vehicle subject to a finance agreement – where does the buyer stand?

As is so often the case ‘it all depends’.  In the era of the ‘never-never’ (or Hire Purchase as we now know it) the Government were concerned how easy it was for a HP Customer to sell on their motor vehicles to an unsuspecting buyer but leaving the HP company able to repossess it since they held the legal title to it. 

Published: 13 Oct 2014

Hasty payouts by Finance or Credit Card Providers

We have seen it a lot recently.  Where customers who have cars on finance (hire purchase) or which have been partly paid for on a credit card, go to their finance provider when something has allegedly gone wrong. 

Published: 13 Oct 2014

Bright ideas! Substance over style – the law on after-market light bulbs

A common question from customers looking for bulbs with styling benefits is ‘…are blue car bulbs legal?’

Published: 13 Oct 2014

Have you seen my catalytic converter?

We have had a few calls of late regarding catalytic converters, specifically missing ones.


Published: 13 Oct 2014

Unfair on Employees? Latest figures from Employment Tribunals

New figures released by HM Courts and Tribunal Service show that claims to Tribunals are down 71% for the quarter April to June 2014

Published: 13 Oct 2014

NEW - Health and Work Service -what's it all about?

The government announced earlier in the year that employers would no longer be able to recover statutory sick pay payments from the government.

Published: 13 Oct 2014

Road Fund Licence Changes – FAQ’s

As most of you will know 1st October 2014 is ‘D- Day’ for the Road Fund Licence changes.
Published: 30 Sep 2014

We recently appealed a decision given against one of our clients by a District Judge in a small claims court matter (i.e. under £10,000)

During the intervening time period our client’s business had a CCJ (County Court Judgment) recorded on their credit files, causing them significant inconvenience.  The appeal was successful.

Published: 30 Sep 2014

Lemons that don’t leave a bitter taste

The UK law on what a consumer’s rights are when they buy second hand vehicles is the subject of much debate and, even more, misinterpretation of those laws.  After all, aren’t we all perceived to be a “reasonable” person? 

Published: 30 Sep 2014

Britain’s Got Talent – but not always in spelling!

It never ceases to amaze me the numbers of basic spelling errors I see in letters of complaint.  Here is a sample of some of my most recent favourites:
Published: 30 Sep 2014

Former rental car was sold by a dealer to a buyer who thought the vehicle had one previous owner

This week we have seen a case where a former rental car was sold by a dealer to a buyer who thought the vehicle had one previous owner - little did he know!

Published: 30 Sep 2014

Renting out properties as an additional source of income

Many of our clients are also Landlords of residential properties.


Published: 30 Sep 2014

Just what is the Golden Rule?

Following our update on potential new rules for debt claims and Neil ‘Razor’ Ruddock’s “do you know who I am?” moment when he was tackled by the High Court Enforcement Officers in ‘Can’t Pay?

Published: 30 Sep 2014

REMINDER – INCREASE IN MINIMUM WAGE FROM 01 OCTOBER 2014

Yes it’s that time of year again, minimum wage is increasing again for those aged 21 and over from £6.31 to £6.50 per hour and those aged 18 to 20 will also increase from £5.03 to £5.13 per hour.

Published: 30 Sep 2014

REMINDER – Antenatal rights for expectant fathers from 01 October 2014

Further to our update of 06 June 2014, the change in rights for expectant fathers will come into force from 01 October 2014.
Published: 30 Sep 2014

A costly lesson - a thorough investigation must be undertaken before a dismissal is made

A recent employment tribunal decision involved a well known mobile phone provider, which became liable for a large pay out to an employee who claimed unfair dismissal after she was dismissed, along with several other members of staff when a spate of bullying got out of hand.

Published: 30 Sep 2014

Potential new rules for debt claims in the County Court

The days of filling out forms and queuing at the counter at your local county court to issue a debt claim are long gone.

Published: 16 Sep 2014

Section 75 Refunds – a reminder!

Any dealer who accepts payment by credit card should be aware of Section 75 of the Consumer Credit Act 1974.

Published: 16 Sep 2014

Court Directions are an Order and not a Wish List!

These were the words of a District Judge at a recent hearing we attended on behalf of a client. 

Published: 16 Sep 2014

Car Seat Danger warnings follow Trading Standards’ investigation

A recent series of tests by one Trading Standards service has highlighted a major concern with the failings in car seats made in China, which fail the UK safety laws.
Published: 16 Sep 2014

What to do about Military Reservists?

The law in relation to the employment of military reservists is due to change from 01 October 2014.


Published: 16 Sep 2014

Dress to Impress... It’s your call

We often get asked how far employers can go when regulating employees' personal appearance, as well as their clothing or uniform.

Published: 16 Sep 2014

New Road Tax (RFL) Rules. Are you up to speed?

There is a lot of disquiet about the lack of publicity over the new Road Tax/Road Fund Licence (RFL) rules coming in to play on 1 October 2014 (that’s just over one month!). 

Published: 01 Sep 2014

New rules for finance advertising taking hold

The Financial Conduct Authority (FCA) is taking a closer view at the way motor dealers (acting as credit brokers) advertise finance. 

Published: 01 Sep 2014

Telephone and person to person sales are still tying dealers into contracts they don’t want

We still receive many complaints when dealers are introduced to a deal, often with utilities, but also with rate reduction companies, business directories etc by a keen salesperson over the phone of face to face. 

Published: 01 Sep 2014

Consumer Rights Bill

This has been going through the law making process for longer than one could possibly have imagined. 

Published: 01 Sep 2014

“Expert” witness inspections

It is not unusual for a court to order those in dispute over an allegedly defective vehicle to obtain a report that has not been written by a “hired gun”.  

Published: 01 Sep 2014

We have moved...

On Friday 1st August 2014 we moved to our new offices.
Published: 07 Aug 2014

Reduce energy bills now!

It’s a chilling thought in this hot summer weather but we’re over half way to the end of 2014! 

Published: 04 Aug 2014

HSE proposals to exempt self-employed from Health and Safety requirements

In the government’s programme of deregulation HSE are consulting about the possibility of taking the self-employed out of the HSE requirements.

Published: 04 Aug 2014

Will finance sales become the next PPI scandal?

Increasingly the new controls sought by the Financial Conduct Authority, and in turn, the Financial Ombudsman Service, will give rise to motor retailers who ‘push’ finance coming under the spotlight. 


Published: 04 Aug 2014

Finance/Credit Advertising – a timely warning

We see a number of dealer advertisements including credit deals which have not yet picked up the 'need to declare' how independent the dealer is when offering credit from one or more credit suppliers.


Published: 04 Aug 2014

Consumer Rights Bill

On 1 July the Bill got its second reading in the House of Lords which means that it’s getting late in the proverbial day now for too many amendments to be made. 


Published: 04 Aug 2014

Spot the spelling errors

From time to time we see spelling by consumers that are as wayward as their complaints are.

Published: 04 Aug 2014

Indication that obesity may become a form of disability

The UK has recently referred a case to the European Court of Justice for a ruling to be made, as to whether an obese employee may be afforded discrimination protection if they receive unfair treatment as a result of their obesity.


Published: 04 Aug 2014

Faking sickness – how not to get found out

A funny case which hit the news this week regarding the Commonwealth Games.

Published: 04 Aug 2014

Training your staff….a financial investment….what return will you get from it?

It is commonplace within the motoring industry for employers to pay for training for their staff, either to begin their career as a mechanic, or accountant, or to enhance or refresh the skill base of more experienced staff.

Published: 04 Aug 2014

ACAS Early Conciliation - what impact will it have on Employers?

-    Any claim lodged with the Employment Tribunal after 06 April 2014 will now automatically be subject to something called Early Conciliation.  This is a service run through ACAS, which expands the scope of the service previously provided by them.



Published: 04 Aug 2014

Car Dealer prosecuted by Trading Standards

Dorset County Council’s Trading Standards recently prosecuted a car dealer within their area.

Published: 21 Jul 2014

Fake vehicle diagnostic equipment lands supplier in court

York Trading Standards have prosecuted a supplier of counterfeit vehicle diagnostic equipment and fake car key rings.

Published: 21 Jul 2014

That’s another “fine” mess you got me into!

We recently had cause to challenge the imposition of a traffic penalty imposed on one of our clients by London Borough of Bromley Council.

Published: 21 Jul 2014

Holiday pay – but at what rate?

There has been continuous debate in the courts as to whether holiday pay should also include a proportion of commission an employee could have earned had they not been on annual leave.l





Published: 21 Jul 2014

Changes to Distance Selling

On 13 June 2014, the Distance Selling Regulations were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

Published: 21 Jul 2014

Too sick to come in, but not too sick to work at home…

If an employee calls in sick, but says they can work from home, so that they still get paid, what should you do?

Published: 21 Jul 2014

Lawgistics New Offices - Moving with the times...

Over the past few years Lawgistics have experienced an increased demand for their legal services. The company has steadily grown to become the Motor Trades favourite law firm.
Published: 08 Jul 2014

eBay Fraud – Lawgistics Lucky 7

Many clients use eBay to purchase and sell stock. The process is quite easy but like all online transactions it is open to fraud. 

Published: 20 Jun 2014

REASONS DVSA (VOSA) CAN WITHDRAW AUTHORISATION

MOT Authorisation can be withdrawn according to MOT Guidelines on the subject, for a single instance of any one of the following circumstances:-

Published: 20 Jun 2014

Non payment of Minimum Wage – Enforcement Action taken against Martins Group

This car dealer group were found guilty of not paying two workers the correct minimum wage, to the sum of £806.37.

Published: 20 Jun 2014

Changes to Flexible working – New rules finally Published

We have mentioned previously that flexible working rights for parents will be changing this year. Last week the government finally passed the new legislation through Parliament under the  Flexible Working Regulations 2014.

Published: 06 Jun 2014

Stricter compliance with Court Deadlines and Orders required

Following a Court of Appeal decision last year, the Courts are clamping down on missed deadlines or failure to comply with Orders of the Court, the Civil Procedure Rules and their connected Practice Directions.


Published: 06 Jun 2014

Consumer Rights Bill 2013-2014 (and probably 2015!)

The much anticipated Consumer Rights Bill is continuing to meander its way through the UK law making machine known as Parliament.

Published: 06 Jun 2014

Boris Johnson’s Office Ordered by Court to pay Compensation of £75 million for August 2011 London Riots

And that is just for one claim! The destruction through arson of a Sony warehouse during those Riots some three years ago. 



Published: 06 Jun 2014

Moving a Hearing to another Court

We are currently assisting one of our clients in a dispute involving £4,000. 


Published: 06 Jun 2014

“Scrappage” Scheme for “Dirty” Diesels?

Interesting reading is the RAC’s recent demand that the government introduce a “scrappage” incentive for old diesel cars in an attempt to clear the environment of life-shortening particulates.


Published: 06 Jun 2014

Company Insolvency

The Court of Appeal has recently determined that a company was “in any commercial sense” insolvent, if it is only able to pay off its debts by taking new deposits and by using those deposits to pay off those debts.

Published: 06 Jun 2014

Is that Lewis Hamilton in your rear view mirror – or the Traffic Police?

I honestly think that if this had appeared on the Top Gear website on April the 1st, I just would not have believed it!


Published: 06 Jun 2014

New rights for expectant fathers from October 2014

Under the new Children and Families Act 2014, which was passed by Parliament in March 2014, the expectant father will be able to, from 1 October 2014 be able to claim for time off to attend antenatal appointments.



Published: 06 Jun 2014

Considering past misconduct of an Employee

In a recent case Employment Appeal Tribunal the panel were asked to consider whether an employee’s previous warnings for misconduct, could be considered should a further act of misconduct be committed.


Published: 06 Jun 2014

Holidays and Sickness

It is now coming into the holiday season, and as such annual leave will already have been agreed and taken from an employee’s annual entitlement.

Published: 06 Jun 2014

World Cup Fever…… Are you game?

The World Cup starts this week and as such this usually creates a few issues in the workplace. So How should an employer deal with this?


Published: 06 Jun 2014

New rules for payments to wrong accounts – but don’t hold your breath!

If you pay money to a wrong account there is no guarantee you will get it back. 

Published: 12 May 2014

Warranty – 3 month engine and gearbox only – Dangerous!

Do you like writing blank cheques? 




Published: 12 May 2014

Selling an unroadworthy car – it can be expensive with the loss of your Consumer Credit Licence

In a recent article from the ‘Honest John’ newsletter, he referred to the 'Good Garage Guide to Passing an MOT'.

Published: 12 May 2014

Fast driving of customer vehicles can lead to accidents...

There is sometimes a culture with service technicians to over-rev customer cars and travel at dangerous high speeds.

Published: 12 May 2014

HSE Guidance on Occupational Disease

A new occupational disease webpage and online community site has been launched.

Published: 12 May 2014

Card fraud and re-imbursements

We are currently helping several of our clients who have sold cars or had repairs allegedly paid for by stolen cards or transactions not authorised by the card-holder.


Published: 12 May 2014

Porsche “bore-scoring” – defect or wear and tear - case has been to court

One of our clients was being sued for £7000 for the alleged cost of a replacement engine in a Porsche that was suffering from “bore-scoring”.  


Published: 12 May 2014

Thousands of cars stolen via technology

I was alarmed to read this recent report on the Sky News website which highlighted the extent and ease of being able to steal a high performance, high value vehicle in a matter of seconds without the need to even touch the car.

Published: 12 May 2014

Consumer spelling test - monthly award

Regular readers will know that last month I shortlisted three of the best/worst examples of spelling in some of the letters of complaint received recently.




Published: 12 May 2014

Expression of Religion in the workplace – How far is too far?

In a recent Tribunal decision, a discussion was had in relation to religious expression.


Published: 12 May 2014

Funds to tackle ‘copycat’ government websites

In the latest TS Today it is reported the National Trading Standards Board has received £120,000 to tackle those websites which often appear of government origin, but exaggerate what they can provide.

Published: 17 Apr 2014

Toyota to recall 6.4 million vehicles worldwide

Some 35,000 recalls are in the UK with vehicles being affected by no fewer than up to FIVE problems!



Published: 17 Apr 2014

Health and Safety – time to post your poster!

HSE have issued a reminder that it is a legal requirement to display the new approved poster

Published: 17 Apr 2014

Working at Height – HSE guidance

HSE report that a million British businesses and 10 million workers are estimated to work at height each year, and falls are one of the biggest causes of death/serious injury at work (40 deaths/4,000 major injuries per year).



Published: 17 Apr 2014

Work related stress

From time to time many employers will be faced with a situation of stress either for themselves or their employees.

Published: 17 Apr 2014

Are the “Whiplash Reforms” lowering Insurance Premiums?

“Yes” is the answer to that question, say certain analysts of latest confused.com motor insurance price index. 


Published: 17 Apr 2014

MASSIVE increase in County Court claim fees on the horizon!

Certainly for those claims that are between £5,000 and £10,000 which applies to most of the Claims that we see.


Published: 17 Apr 2014

Aggravated features – what are they?

If an employer breaches workers' rights, Tribunals may now award a fine in the region of  £100 and £5,000, known to be a payment for aggravated features.'


Published: 17 Apr 2014

Sick pay reminder

It appears to be the time of year when employees start having all wonder of mysterious bugs, flu and illnesses meaning sporadic days off work.

Published: 17 Apr 2014

Lincolnshire garage prosecuted for failing to replace cambelt

The Lincolnshire Echo reports a female motorist used the services of H&H Motors in Lincolnshire to change the cambelt on her vehicle. 

Published: 01 Apr 2014

Compensation for Damaged Credit Record

Mr Durkin of Aberdeen bought a laptop priced at £1499, which he was intending to pay on a finance agreement. 




Published: 01 Apr 2014

FCA Plan Crackdown on Add-On Insurances

The Financial Conduct Authority (FCA) takes control of Consumer Credit licensing from 1 April 2014. 

Published: 01 Apr 2014

New Regulations relating to Contract law

June 13th 2014 will see a number of significant changes to the law in relation to contracts.

Published: 01 Apr 2014

No More Compensation For Whiplash Claims?

It would appear that the motor insurance industry will attempt to kick start a public debate on whether it is prudent for insurers to remove giving direct compensation for low value personal injury claims such as whiplash.

Published: 01 Apr 2014

Changes to Statutory Rates from April 2014

As per standard practice the following statutory amounts will be raised from 06 April 2014:

Published: 01 Apr 2014

Facebook - Beware of the #Selfie

Recent report from one of our clients suggested that they had received a complaint from an employee who felt they were being bullied in the workplace, and wished for the employer to deal with the issue.
 


Published: 01 Apr 2014

Disclosure of Criminal Convictions – when must an employee disclose them to you?

The time scales in which employees have to disclose criminal convictions to you is being reduced.

Published: 01 Apr 2014

Dangers of testing for leaks with compressed air

HSE report that a company in Kidderminster used compressed air to check for weld quality on a compressed air tank. 

Published: 17 Mar 2014

Decommissioning a fuel tank led to explosion

HSE reported a case whereby a company that decommissions fuel tanks committed safety failings leading to an employee being burned while cutting up a disused fuel tank.

Published: 17 Mar 2014

Teenage Apprentice crushed to death

Although not in the motor vehicle sector this case highlights the potential of a fatality when risk assessments are not carried out adequately when dealing with heavy items of equipment.



Published: 17 Mar 2014

The County Court system – do you know what the date is?!

When a County Court sends out a document with a date stamped on it, that date is known as the “Issue” date.

Published: 17 Mar 2014

The County Court system – A complete U Turn?

Sometimes a person involved in a county court dispute will need to make a straightforward written Application to a Judge to determine a side issue that is separate from the main dispute.
Published: 17 Mar 2014

The County Court System – Consistent in its Inconsistencies

Spot the difference:- 
Published: 17 Mar 2014

Nominations for “Worst Spelling in Letters of Complaint” Award

On a lighter note, I noticed a decline in the spelling contained in some of the letters that arrived on my desk this week.

Published: 17 Mar 2014

Tribunal Fees – Winner takes all?

In a recent Tribunal Appeal case, the issue of fees was again the subject of conversation.

Published: 17 Mar 2014

HSE Poster to be Updated

Many clients will have been contacted by HSE to inform them that their current Health and Safety Poster will require replacement in April 2014.

Published: 17 Mar 2014

Another Rise in Minimum Wage

It has been announced this week, that the minimum wage is set to increase again this year to £6.50 for workers aged 21 and over.

Published: 17 Mar 2014

Check your Health and Safety Law Poster

HSE have issued a reminder that the Health and Safety law poster issued in 2009 must be displayed from 5 April 2014.


Published: 03 Mar 2014

Former senior immigration officer prosecuted for selling vehicles with false mileages

In the recent TS Today magazine it was reported that a former Senior Immigration Officer Liaqat Ali, working for a Manchester Law Firm has been prosecuted and fined £1200 plus costs for selling cars that have been ‘clocked’.



Published: 03 Mar 2014

Consumer Rights Directive – Single repair only?

Contrary to much common belief, a car seller cannot insist that a consumer has to bring a car in to them to repair it if there is a problem.

Published: 03 Mar 2014

February’s Most Optimistic Complainant Competition – The Winner.....

Along the lines of “I bought a car from you 2 months ago.

Published: 03 Mar 2014

Porsche bore-scoring. A defect or fair wear and tear?

Could we be about to get a ruling from a court? 

Published: 03 Mar 2014

Taking an award of compensation after a complaint to the Financial Ombudsman prevents taking legal action

The Court of Appeal has, by reversing a lower court’s earlier decision, made it clear that in England and Wales a consumer is prevented from going to the courts for compensation if they have already accepted an offer of settlement by the Financial Ombudsman.



Published: 03 Mar 2014

Religious Discrimination Case Won

Two Muslims who worked for a supermarket chain, have recently won a Religious Discrimination case because they were restricted as to when they could use their designated prayer room.


Published: 03 Mar 2014

A joke too far?

In a recent Employment Tribunal, a lesbian worker was able to claim discrimination on the basis that her employer and fellow colleagues had made crude comments to her because of her sexual orientation.


Published: 03 Mar 2014

Consumer Rights Bill

Summer/Autumn 2014 could see the biggest change in consumer rights in over a decade.

Published: 17 Feb 2014

Toyota Recall 1.9 Million Prius Hybrids

This is a precautionary measure due to a potential software problem that could see the car suddenly slowing down to a stop.

Published: 17 Feb 2014

Use of Trade Marks and domain names similar to established businesses

We are seeing more and more complaints against clients who register domain names that the public are likely to believe have a connection with an already existing established business. 

Published: 17 Feb 2014

Age Discrimination: what are the odds?

A recently reported case regarding a high profile Racing Pundit caught our attention this week, as it makes some clear distinctions as to what a Tribunal will consider when judging an age discrimination case.

Published: 17 Feb 2014

Sleeping on the Job....do they still get paid?

It was recently discussed whether workers who are required to sleep at work, are entitled to be paid whilst they sleep.  It was ruled that in some cases, yes they are.

Published: 17 Feb 2014

Dangerous Counterfeit airbag caps for BMW cars

A recent article in TS Today highlighted the danger of certain airbag caps showing the BMW emblem.

Published: 03 Feb 2014

IMPORTANT! New regime for regulation of finance sales

From 1 April 2014 the previous Office of Fair Trading credit broker licences will not be valid and motor dealers will have been required to apply for interim permission to carry on such a business from the new FCA. 

Published: 03 Feb 2014

Reversing van leads to fatal accident at Car Care business

HSE have reported a case whereby the business owner of Complete Car Care of Berkshire inadvertently reversed into a customer.

Published: 03 Feb 2014

Money Claim Online- the £ has to go!

Modern technology means that it is now very quick and easy (perhaps a bit too quick and a bit too easy) to submit a county court claim form online via Money Claim Online.


Published: 03 Feb 2014

Mid contract price increases within landline, mobile and broadband contracts

From 23 January 2014, consumers and small businesses who receive unexpected hikes to their monthly charges are now able to opt out of the contract without penalty.



Published: 03 Feb 2014

The “Houblon” £50 banknote to be withdrawn in April

Clients should be aware that £50 notes featuring Sir John Houblon (no, I’ve not heard of him before either*) are to be withdrawn from circulation from 30 April 2014.

Published: 03 Feb 2014

21st January 2014 – a bad day for Cockney Car Clocker(s)?

This is the day that Trading Standards, the Metropolitan Police and Transport for London officers came a knocking for those thought to be a clocking!


Published: 03 Feb 2014

Another minimum wage increase?

With the Government announcing that they feel that minimum wage should rise to over £7.00 per hour from 2015, we ask what effect this will have on small businesses, as their costs in other areas will not be reduced to compensate for this extra cost.

Published: 03 Feb 2014

Updates on Non payment of Minimum wage fines

The government has now confirmed that the fines that companies could face if they fail to pay minimum wage to their employees (including apprentices) will increase from February 2014. 


Published: 03 Feb 2014

Trading Standards raise an alert on rogue traders offering repairs for flood damage

On the Kent Trading Standards website they are raising an alert that rogue traders, far from being the good guys in times of need, are out and about using the recent flood damage to line their pockets


Published: 20 Jan 2014

Home Office provides useful guidance for SMEs buying CCTV

A useful guide to CCTV

Published: 20 Jan 2014

Diesel Particulate Filters (DPF) – now part of the MOT test AND an offence not to have one

We get lots of complaints from customers who have failed to “regenerate” their DPF causing it to block with soot and thus preventing it from working. 

Published: 20 Jan 2014

Magistrates fine parents for taking children on holiday during term time

Like many of us, taking the family holiday during the school holiday periods can add considerable amounts to the travel and accommodation costs.


Published: 20 Jan 2014

Don’t get done – get Dom to provide you with a highly misleading and legally inaccurate letter instead

One of the writer’s biggest gripes in his working life is the constant mis-interpretation of the Sale of Goods Act, especially around the so called “reverse burden of proof” also known as the “six month rule”. 



Published: 20 Jan 2014

Judge tells man that although he is alive, he is legally dead!

Every now and again a legal decision is so surprising that it is hard to believe it came from a sane source! 


Published: 20 Jan 2014

Flood Risks

A number of our clients have experienced issues since the flash floods that occurred just before Christmas.


Published: 20 Jan 2014

Case law to look out for in 2014

The end of 2013 left some interesting tribunal decisions which are now in the process of being appealed. The key ones we will be watching will be:



Published: 20 Jan 2014

Customers increasingly using mobile phones to buy online – but beware

In a recent article by 4D Hosting it is estimated that 40% of online traffic is coming from mobile phones, and whilst it is a modern way of buying online it is also another avenue where fraudsters seek to take your hard earned cash. 


Published: 06 Jan 2014

HSE Consultation on Petroleum legislation

Some clients operate businesses which have petroleum sales or storage as part of their business.


Published: 06 Jan 2014

No need to produce insurance document when taxing vehicle and SORN change

Recently it was announced that there will be, starting in October 2014, the beginning of no tax discs in windscreens. 

Published: 06 Jan 2014

Re-think by Financial Conduct Authority (FCA) over their charges for having a credit licence

The FCA held its first “webinar” recently (and It was evident that it was their first!) where I was able to log in and watch staff from the FCA discuss how they are handling this role, previously undertaken by the Office of Fair Trading.



Published: 06 Jan 2014

On the 10th day of Christmas my true love scammed me by...

Clocking my car apparently!

Published: 06 Jan 2014

Bulgarian and Romanian Employees

New rules in relation to the employment of  Bulgarian and Romanian migrants came into place on 01 January 2014.

Published: 06 Jan 2014

Challenging a Redundancy Dismissal – What Defence does the Employer have?

A recent Employment Appeal Tribunal examined if a Tribunal can assess if a Redundancy dismissal is unfair, if they do not plead that the Employer failed to follow correct procedure?
Published: 06 Jan 2014

Lawgistics Christmas Break Closure

Our office will be closed from 1.00pm on 24 December 2013, until Thursday 2 January 2014.  We would like to wish all clients a very Happy Christmas and New Year.
Published: 18 Dec 2013

Lawgistics ANNUAL membership – or pay up to £850 an HOUR instead?

The Independent ran an interesting report recently, which stated that partners at law firms are now charging clients up to an amazing £850 an hour! They report that even newly qualified lawyers are charging up to £425 an hour.  Just 10 years ago it was “only” £185.

Published: 09 Dec 2013

Child’s car seat recalled over safety concerns

I dare say many people are not aware of the publically available online list of product recalls made by retailers and manufacturers.

Published: 09 Dec 2013

Hot sausage roll “evidence” that car is faulty?

Ridiculous as it seems, it has been alleged that a car was defective in that whenever it was parked outside the owner’s home its alarm was seemingly being set off at random times.  It was then established that it only did so whenever the user operated his microwave!

Published: 09 Dec 2013

Beware of buyers claiming to be from Botswana

A car advert was placed in a motoring publication for sale by our client. Nothing unusual with that or unique about the car – it was a fairly mundane model up for sale for about £3k and advertised with an unknown minor problem with the engine.


Published: 09 Dec 2013

Report a friend for £200

A seasonal initiative from West Midlands Police is for people to report a friend who has been drink-driving and, if that person is arrested and prosecuted then the “friend” who reported them could receive a £200 reward.


Published: 09 Dec 2013

“Golliwog” – racist or not?

The Court of Appeal is currently considering whether racial discrimination existed in a situation where a white manager, whilst talking about Roberston’s jam, used the word “golliwog” in the presence of a black African-Caribbean colleague.

Published: 09 Dec 2013

Good riddance to the tax disc!

I hate the tax disc.  I’m glad it’s going.  I’ve never managed to remove it from its perforation without putting at least a 2 inch tear right through the day, month or year of renewal.
Published: 09 Dec 2013

Payday lending costs to be capped (allegedly!)

The government has declared that it will introduce law to cap the cost of credit that payday lenders will be allowed to charge borrowers.
Published: 25 Nov 2013

Loan sharks to have to hand over £300,000 worth of assets

And on the topic of loan sharks.....
Published: 25 Nov 2013

Car dealer imprisoned for “clocking”

A car dealer based in Ballymena (County Antrim Northern Ireland) has been sentenced to 14 months in prison. 
Published: 25 Nov 2013

National Consumer Week – Buying a used car

November is the month of the “mo” (growing a moustache for charity) and also of National Consumer Week. 

Published: 25 Nov 2013

Financial Ombudsman interpretation of “ Market Value” of car

An interesting complaint to the Financial Ombudsman here.

Published: 25 Nov 2013

“Small Claims” limit for personal injuries NOT being increased

In April 2013, the general limit of claim within the “Small Claims” track of the County Court system was increased from £5,000 to £10,000. 


Published: 25 Nov 2013

Slips and trips in the winter months

We don’t need reminding that winter is around the corner however the HSE are making a number of recommendations to minimise the chance of customers and employees falling over in wintry conditions.

Published: 25 Nov 2013

Road Safety week 18-24 November 2013 - Avoid Distractions

It would be a rare person who has not been guilty of some distraction while driving which is an admission that we are not fully focussing on our driving.

Published: 25 Nov 2013

Warning! Don’t commit to contracts over the telephone! – make sure you know what is offered and your liabilities

We have all received calls both at home and work with offers of goods and services often made under pressure to “sign up now and receive a huge discount!”
Published: 08 Nov 2013

Chorley car mechanic receives severe burns in inspection pit

HSE have reported how a Chorley based car mechanic received severe burns whilst removing fuel from a van due to the fuel fumes settling in the pit and then igniting.

Published: 08 Nov 2013

Young people’s employment – Health and Safety

HSE has issued new guidance on employing young people. 

Published: 08 Nov 2013

Terms and Conditions – can verbal or discretionary agreements become binding?

In a recent Court of Appeal Case, it was discussed whether a group wide policy of enhanced redundancy payments could become an implied term of an employee’s contract of employment, if that employee worked in a subsidiary branch of that group.

Published: 08 Nov 2013

Pensions – Are you planning ahead?

We have previously mentioned the auto enrolment plans that have already been implemented into larger companies.


Published: 08 Nov 2013

Compensation awarded to individual was who offended by racist jibes aimed at a colleague, but not them!

An employee has been awarded £27,000 in compensation on the grounds of constructive dismissal and racial harassment, as they left employment due to the Company making continual racist remarks to a fellow black colleague.

Published: 25 Oct 2013

The devil is in the detail – Lawgistics Tip!

It may seem an obvious Lawgistics tip but make sure all the detail is accurately entered onto business documents eg Order Forms/Invoices.

Published: 25 Oct 2013

Don’t misdescribe inadvertently – Lawgistics Tip!

We have experienced two potential misdescriptions recently which could lead to problems.

Published: 25 Oct 2013

Credit card fraudsters are still out there

We have had another client suffer at the hands of a fraudster who used a stolen credit card to arrange the purchase of a car over the telephone. 

Published: 25 Oct 2013

Huge Cut Planned in Trading Standards Funding

The very nature of the work that we do here at Lawgistics means that we occasionally have to “do battle” with Trading Standards officers.

Published: 25 Oct 2013

Not Declaring “Category D” Write Off Lands Car Dealer in Court

A Belfast car dealer obtained a car from salvage which was a “Cat D” write off. 

Published: 25 Oct 2013

Going to Court – Another Tale of the Unexpected

In a quite frankly ludicrous decision by the County Court we have learnt that it is possible to have one’s cake and be allowed to munch it too.

Published: 25 Oct 2013

Sexual Harassment… a costly business

A recent case has been reported in relation to a call centre worker, who was dismissed from employment on the grounds that she refused her bosses sexual advances.


Published: 25 Oct 2013

Sickness Absence and Holiday Pay

It has been widely reported that holiday pay does continue to accrue during periods of absence, and that the accrued amount can be carried over into the next leave year.

Published: 25 Oct 2013

Heat of the Moment resignations…..How to react.

In a recent tribunal case, it was dismissed how an employer should deal with resignations which are made in the heat of the moment and further,  ambiguously worded.
Published: 25 Oct 2013

Trainee solicitor found guilty in car-clocking scam

Here at Lawgistics, the law and the motor industry are intertwined.  This could also be said to have applied to the 24 year old recently found guilty by a jury at Wolverhampton Crown Court of conspiracy to defraud.
Published: 14 Oct 2013

“Car-matching” scam bosses imprisoned

This was a common complaint to Trading Standards.  A private seller of their car would advertise in a newspaper or specialist publication and be telephoned by someone offering (for a fee of course) to put that seller in touch with someone locally they knew wanted a car of that type.


Published: 14 Oct 2013

Crack down on Petrol Thieves

The CPS has today announced that they will be releasing new guidelines allowing for harsher prosecution against those who steal fuel
Published: 14 Oct 2013

Hire Purchase - do finance companies actually know the law?

The writer has noticed this several times and was recently challenged on a finance companies’ interpretation of a consumer’s rights when receiving a car on hire purchase (and this article should be restricted only to hire purchase).

Published: 14 Oct 2013

More about Minimum Wage

It was reported last week that 3 in 10 apprentices are still not being paid the correct wages, and thus are being paid below the national minimum wage.

Published: 14 Oct 2013

Calculating Holidays

It is always a burdensome subject, which can leave employers in hot water.


Published: 14 Oct 2013

Minimum wage increase – October 2013

A reminder that the National Minimum Wage will be increasing again from October 2013.


Published: 30 Sep 2013

Investigating Gross Misconduct…. How far do you have to go?

In a recent court of appeal case, it was discussed how far an employer is reasonably expected to go when undertaking an investigation into allegations of gross misconduct.

Published: 30 Sep 2013

Redundancy and Parental Leave

In a recent ECJ decision, it was held that Employees, who have taken parental leave, can be made redundant during the course of their employment providing this is not a part of the criteria which singles them out from the rest of the pool.

Published: 30 Sep 2013

Financial Ombudsman says Finance Company does not have to pay for wear and tear

Customer takes delivery of a car with 90000 miles on the clock.  5000 miles later he claims there to be a fault with the clutch. 

Published: 30 Sep 2013

Parking – an end to fining by covert means?

We have enquires from time to time in relation to the legalities and enforceability of Penalty Charge Notices  for parking on private land and occasionally from those who have received parking fines from local councils. 

Published: 30 Sep 2013

Log Book Loan scam – be on guard!

One of our clients has been the victim of a scam where they sold a second hand car only for the customer to point out shortly afterwards that there were a number of issues with it that he was not happy about. 

Published: 30 Sep 2013

Washing Cars – Health and Safety Considerations

It is important that washers/valetors have the appropriate gloves to avoid frequent contact with water and detergents.

Published: 30 Sep 2013

Latest complaints published by Financial Ombudsman Service

From 1st January 2013 to 30 June 2013 a record number of 327035 complaints were dealt with, an increase of 15% on the previous 6 months. 

Published: 13 Sep 2013

HSE RIDDOR changes apply from 1st October 2013

Just a reminder that the new requirements come into play from 1st October 2013. 

Published: 13 Sep 2013

Trading Standards Officers prosecute suppliers of fake golf clubs, accessories and equipment on eBay

Following a complaint to Havering Trading Standards Offices in 2005 by a member of the public, about the quality of golf clubs he had purchased, an investigation was launched to find a ten strong gang operating between mid 2003 and 2008

Published: 13 Sep 2013

Northern Ireland car dealer prosecuted for selling clocked cars

Michael Gahan formerly of Limivady admitted three charges under the Fraud Act 2006 and ten under the Consumer Protection from Unfair Trading Regulations 2008. 

Published: 13 Sep 2013

Lawgistics Envelope in Court to Save the Day!

One of our clients was expecting to receive County Court papers but they were seemingly not forthcoming. 


Published: 13 Sep 2013

Debt Recovery - When Do 'Reminders' Become 'Harassment'?

The Court of Appeal recently agreed with the initial court to award a compensatory sum of £7500 to be paid by a bank to a customer where it had attempted to make a number of calls to a customer in relation to their accounts.

Published: 13 Sep 2013

Photocopying - Seemingly a Thorny Issue for the County Courts

One of our clients was a defendant in a Small Claims case. 


Published: 13 Sep 2013

Tribunal Rules - SIFTS

Following from our previous update, here are further highlights of the key changes to the Employment Tribunal Rules.

Published: 13 Sep 2013

Reminder - The importance of Employment Contracts

Having spoken with a number of clients recently, it is apparent that employers are still taking some time to issue contracts out to new employees. In some cases, no contracts are being issued across the board.


Published: 13 Sep 2013

Lawgistics successfully remove defamatory postings

We have had a recent spate of clients have issues with consumers posting reviews, forum blogs or websites that defame their company name. Having made contact with the individuals in question and the organisation that hosts the website where the posts have been made, we were able to successfully have the offending posts removed.


Published: 02 Sep 2013

Update - Sale of Goods Act and the CAB website

The bane of this writers life is the incorrect interpretation and application of the so called six month rule of the Sale of Goods Act.

Published: 02 Sep 2013

Applying for Summary Judgment - is there any point?

The purpose of applying for Summary Judgment is to ask the court to dismiss a Claim or Defence on the grounds that it is so weak and incapable of succeeding that Judgment should be granted without the need for a full hearing.


Published: 02 Sep 2013

Tesco in a Jam over Misleading Strawberry Prices

Tesco failed to price their strawberries (in 2011!) at 3.99 for long enough to justifiably advertise them for sale at half price.

Published: 02 Sep 2013

Employment Tribunal Procedure changes - Timescale Changes

Rule 4 discusses timescales for responding to directions or case management orders. 4(1) makes it known that parties will have until 12am (midnight) of a deadline day to comply with the relevant direction.

Published: 02 Sep 2013

Car Dealership forced to pay out for dismissing employee deemed �too old�

In a recent case at the Employment Tribunal, a car dealer was made to pay over £10,000 to an ex employee that they had dismissed.

Published: 02 Sep 2013

The Hidden And Growing Costs Of A Credit Licence

We reported in our last legal update on the urgent need to BEFORE 1st September make sure your Consumer Credit Licence is fully up to date and with all relevant categories on it.

Published: 20 Aug 2013

Lawgistics more than just legal consultants.....

We are dealing with a case whereby because of our clients geographical remoteness he has difficulty in being located by the postman.  This has resulted in him not receiving important court documents. 

Published: 20 Aug 2013

Office of Fair Trading suspend car dealers consumer credit licence

Im afraid the OFT havent disclosed the precise reasons why and it is certainly not our wish to name and shame the individual or his business here.



Published: 20 Aug 2013

The Postman Only Knocks Once but seemingly not at all at Northampton County Court!

Once is possible.  Twice is coincidence. Three times is worrying. 

Published: 20 Aug 2013

Fees, fees, fees!!

After the launch of the new Employment Tribunal fees system, there are further interim fees that some parties may not yet be aware of:



Published: 20 Aug 2013

Passwords necessary so dont get hung up

A recent article from the small business advice and information service is4profit offered some very useful tips when choosing passwords for the various serves we need to keep secure. 


Published: 06 Aug 2013

HSE report fall in fatal injuries

HSE recently reported on annual drop in fatal injuries for year end March 2013 to 148 compared with 172 the previous year.

Published: 06 Aug 2013

Check your Consumer Credit Licence urgent!

In a report by Automotive Compliance, it is suggested (by them) that up to 75% of car dealers do not have the necessary accreditation to transact under changes to the Consumer Credit Licence system.

Published: 06 Aug 2013

New Tribunal Procedure Regulations

Further to our last legal update, here is the second revised rule

Published: 06 Aug 2013

New Tribunal Procedure Regulations COME INTO FORCE NEXT WEEK.

The government have revised the Employment Tribunal Procedure Rules once again.

Published: 23 Jul 2013

Financial Ombudsman Service uphold complaint for quality of vehicle over one year after sale

A case recently reported by the Financial Ombudsman Service shows how traditional court cases may be increasingly bypassed using the Financial Ombudsman Service ombudsman route. 


Published: 23 Jul 2013

HSE changes to RIDDOR

HSE have provided guidance on the changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) which will be introduced on 10 October 2013.

Published: 23 Jul 2013

Trading Standards Officers prosecute ebay trader for sale of unroadworthy vehicle

A fine of 5515 and legal costs of 5000 was given to AR Motors of Warwickshire when selling an unroadworthy Skoda Felicia on ebay as reported by TS Today.


Published: 23 Jul 2013

The Sale of Goods Act 6 months rule explained (briefly!)

Time and time again we get them.  Template letters stating that a consumer wants to get all their money back on a car purchase and that because something has gone wrong within the first 6 months

Published: 23 Jul 2013

135 pages may be excessive but 0 pages is worthless

In a previous legal update we mentioned how we were assisting one of our clients who had been given Congestion Charge fines on a vehicle that they had given to a customer on a courtesy basis whilst their own was being repaired.

Published: 23 Jul 2013

Reminder: Key changes in Employment Law coming into place from 29th July

From Monday 29th July 2013 the following changes will be taking effect in the employment law sector:

Published: 23 Jul 2013

3.4million Tribunal payout!

A Cambridgeshire businessman was awarded an astronomical 3.4 million award at an Employment Tribunal recently.

Published: 23 Jul 2013

Update of BS 5306 for Fire Extinguishers

There have been some small updates to the British Standard BS 5306 for Fire Extinguishers.
Published: 08 Jul 2013

Payment Protection Insurance or a Debt Freeze product?

The Financial Ombudsman Service (FOS) has recently brought to light the next generation of financial product misselling in the form of debt freeze plans. These, when activated e.g. due to unemployment, ill health etc, freeze the internet on an account balance and suspect late payment charges.
Published: 08 Jul 2013

30 Days to return faulty goods for a full refund?

The proposed Bill of Consumer Rights is making its progress through the legislation process. Wording in place now may change before it becomes law in the form of an Act of Parliament.
Published: 08 Jul 2013

Rolls-Royce challenged in America over the alleged non-disclosure of engine defects

A quick look through the BBC website today (5th July) sees an article whereby it is alleged by two former employees, that Rolls Royce used parts intended for scrap only.
Published: 08 Jul 2013

The wheels on the judicial bus go round and round, round and round but ever so slowly

As a lawyer, I have to look to legal matters regardless of topic and I read with interest recently the Court of Appeals recent decision in a personal injury claim against a local authority. The detail is not relevant here but the dates are.
Published: 08 Jul 2013

Judgment in County Court

A word of advice based upon a few recent issues we have experienced with the County Court.
Published: 08 Jul 2013

What to do if you cant attend Court

If you cannot attend a hearing for any reason, you must contact the Court directly as soon as you are aware that you are unable to attend and request an adjournment.


Published: 08 Jul 2013

Setting Aside Default Judgment or Setting Aside Common Sense?

When a defendant does not lodge a defence in the County Court in response to a claim made against him/her within a strict timescale, the claimant in the action can obtain from the Court a Judgment in Default.

Published: 24 Jun 2013

Are Payday Lending complaints the next PPI headache for the Financial Ombudsman Service?

Last year the Financial Ombudsman Service dealt with 378,669 new complaints about mis-sold Payment Protection Insurance (PPI) and PPI matters presently constitutes 74% of the Ombudsmans workload. 

Published: 24 Jun 2013

Beating the many options of automated call centres

An IT manager has developed shortcuts to beat some of the major companies that drive you mad ploughing through menu after menu to channel your call. 

Published: 24 Jun 2013

Falling tyres lead to serious injury of teenage worker

in a recent case reported by HSE a tyre collection and recycling company were prosecuted for failing to have a safe system of stacking tyres of varying sizes and shapes. 

Published: 24 Jun 2013

HSE launches Bad Air Day for welders

Any clients who carry out welding operations where welding fumes could be an issue should check out the Bad Air Day website.


Published: 24 Jun 2013

New Tribunal Fees Will Come Into Place from July 29th 2013

A definitive date for Tribunal fees has now been set in stone.

Published: 24 Jun 2013

Paying by card sir? That will be an extra 10%.....

Well, maybe not 10% but card providers often make a charge to the business for card payments and clearly a business may wish to cover that cost by passing it onto customers.


Published: 10 Jun 2013

So, who am I contracting with?

A question: Mr Lee signs a letter, and under his signature are the words Mountain Problems...

Published: 10 Jun 2013

And for our Derbyshire clients........

If you receive a letter claiming to be from Derbyshire County Council, which demands electronic payment to them of over 1000


Published: 10 Jun 2013

Standing every day - is this a day to day activity?

An employee recently brought a case of disability discrimination against their employer. 


Published: 10 Jun 2013

Lawgistics Discuss: Checkout number 4 please!

Having seen the recent news article regarding the controversy a Morrisons employee caused on Facebook this week, a discussion was had in the office in regards to the merits of both sides case in this dispute.

Published: 10 Jun 2013

Road Traffic Offences Failure to identify the driver

We periodically hear of clients finding problems when they cannot identify a driver of a vehicle who has committed an offence, usually speeding. 

Published: 28 May 2013

Distance Selling Regulations eBay

We receive queries concerning eBay sales and whether the Distance Selling Regulations (DSRs) apply. 

Published: 28 May 2013

Motorhouse 2000 Ltd fined for chemical injuries to boy on work experience

A 16 year old boy suffered burns from remnants of toxic paint stripper when assisting another employee refilling a wheel stripping tank according to a recent HSE report. 

Published: 28 May 2013

New Consumer Bill of Rights proposed in Queens Speech

Minister for Consumer Affairs, Norman Lamb, is to consult on ways to simplify, strengthen and modernise the consumer law framework. 


Published: 28 May 2013

A Guide to Representing Yourself in Court (and Employment Tribunals)

Not much to add to that really.  The Bar Council has produced a user friendly guide running to some 74 pages, the link to which is below. 

Published: 28 May 2013

Article on Cam-Belt Breaks all Records Known to Man (maybe not) and results in unwanted honour...

Clearly the first bit is somewhat exaggerated/an outright lie although I guess it might have broken one record if there was a category of most call-back requests that can be placed on one desk in any 5 day period. 

Published: 28 May 2013

When Staff Make a Pigs Ear of Horseplay

Conversation is never dull here but one lunch-time earlier in the week focused on the Employer liability and Employee obligations that were presently facing a certain Premiership football club. 

Published: 28 May 2013

Thou doth Tweet too much information!

The resignation last month of Paris Brown following racist and homophobic tweets posted on her profile raises questions for Employers as to what can be defended by employees in regards to their private social media accounts.


Published: 28 May 2013

Judge rules against dealer who didnt replace timing belt pre-sale

It is often put to us that timing belts are wear and tear items that the seller cant be held responsible for should one snap after purchase. 

Published: 13 May 2013

The cost of enjoying music in the workplace. Silence is golden and an awful lot cheaper than the radio

The Performing Rights Society (PRS) grant annual licences to establishments that play radio/TV music in their workplaces - dealer showrooms, garage workshops, staff canteens etc. However, you are encouraged to read any new licence renewals bills carefully.

Published: 13 May 2013

Got CCTV? If you dont register it you could be fined!

Our attention was recently drawn to the Information Commissioners website (www.ico.org.uk) whereupon we read quite an alarming story. 


Published: 13 May 2013

Watch what you write on an invoice:

BBCs Watchdog, on 01 May 2013, discussed the second hand car market.

Published: 13 May 2013

Unpaid parental leave extended to 18 weeks

The Parental Leave (EU Directive) Regulations 2013 SI 2013/283, which implement the revised EU Directive on Parental Leave (No.2010/18), came into force on 8 March 2013

Published: 13 May 2013

Changes to Automated First Registration and Licensing system (AFRL)

Dealers are set to have a quicker and easier system in place to get RFL tax discs on new vehicles when they are registered. 

Published: 29 Apr 2013

HMRC/DVLA link up to tackle VAT avoidance for car imports

A change in the law means that vehicles imported into the UK permanently, must be notified to HMRC within 14 days and any VAT owing must be paid.  If this does not happen the vehicle cannot be registered/licensed with DVLA. 

Published: 29 Apr 2013

The law to become clearer on unfair contract terms (maybe....)

We often get asked to look at contractual terms and to give an opinion as to whether they are enforceable or not. 

Published: 29 Apr 2013

Optimistic purchasers clutching at straws.....

We sometimes wonder if we should compile an annual Top 10 of the most optimistic complaints we have received for those purchasers who give somewhat interesting reasons and justifications for demanding a refund or cost of repair.

Published: 29 Apr 2013

London Congestion Charge an Olympic sized problem for hire firms

When a company hires out a car, the hirer should sign to say that they accept parking, speeding and the London Congestion charges.  But that may not be enough! 

Published: 29 Apr 2013

A legal point worthy of consideration

Did you know that if a car dealer simply swaps or exchanges a car with a customer, with no actual cash (or other forms of money payment) being paid by the customer for the swap, the Sale of Goods Act doesnt apply?

Published: 29 Apr 2013

Interim Hearings

During the small claims process, you may receive notification that an interim hearing has been scheduled, such as an allocation hearing, an application hearing, or a case management hearing.


Published: 29 Apr 2013

Another planned Minimum Wage increase

The government announced last week that Minimum Wage will be increasing again from October 2013.

Published: 29 Apr 2013

Covert Recordings

A recent case at the Employment Tribunal has ruled that covert recordings made by Claimants to use as evidence will not be admissible.

Published: 29 Apr 2013

New rules for Consumer Insurance

Up to now, when you purchase personal insurance it has been the consumers duty to disclose all material facts to the insurer without the insurer necessarily specifying what they want to know.


Published: 15 Apr 2013

OFT relinquishes Codes of Practice approval and management to Trading Standards

The vehicle industry will be aware of a number of OFT approved Codes of Practice applicable to their sector including Robert Bosch Ltd (Bosch Car Service), Vehicle Builders and Repairers Association Ltd and the two Motor Codes Ltd codes for New Cars and Car Service and Repair. 


Published: 15 Apr 2013

Forint it rather a cheek.....?

The Forint is the currency of Hungary and to an interesting case weve recently had to consider.  A client sells a car in the UK whereupon 18 days later the buyer has driven it all the way to the land of the Goulash and alleged father of Granville from Open All Hours.

Published: 15 Apr 2013

Check for outstanding recalls a cautionary tale

A client takes a car in part exchange and (youll be pleased to know!) sold it shortly afterwards.  Not so pleasingly, a defective component caused the timing belt to snap causing 4000 worth of damage. 


Published: 15 Apr 2013

Reminder Small Claims Limit change

A quick reminder that the monitory limit for the small claims track rose to 10,000 from this month.


Published: 15 Apr 2013

New ACAS Guidance on collective redundancies

As the new shorter consultation period for large scale redundancies came into effect on 06 April 2013, ACAS have produced a new guidance booklet.

Published: 15 Apr 2013

Proof read before sending! Employer Bound by Mistaken Job Offer

In a recent case, an Employer was forced to honour the written pay grade stated on an employees offer letter.



Published: 15 Apr 2013

Give A Car raise money for charity when scrapping cars

Not the usual legal information but did you know that you can scrap or sell an old car for charity and it's free!

Published: 28 Mar 2013

Signs advertising your business a guide from the Government

We recently advised a client who had concerns over an area of land next to his business, which was empty and up for sale. 


Published: 28 Mar 2013

Ive spoken with Trading Standards and......

And the first thing to remember is that your customer probably hasnt spoken with Trading Standards at all they just think they have!  We read this in letters all of the time but its not always accurate so do take it with a pinch of salt.



Published: 28 Mar 2013

You have 7 days to respond or else!

Its a fact of life for car dealers that components within second hand cars will fail at some point.  Sometimes this is due to an actual defect, other times through wear and tear alone. 

Published: 28 Mar 2013

Be Ready for More Employment Law Changes

The following changes will come into effect at the start of the tax year, 6th April 2013.



Published: 28 Mar 2013

46,000 fine for Bedfordshire dealer selling unroadworthy cars and a string of other offences

In a recent article in TS Today it was reported that Shaah Brothers t/a SB Motors of Dunstable, Bedfordshire not only sold unroadworthy vehicles but also were prosecuted for many other offences under the Consumer Protection from Unfair Trading Regulations (CPRS).

Published: 18 Mar 2013

A tall fire safety story about smart clothes

The popular clothing supplier Jack Wills Ltd was recently prosecuted regarding a dangerous fire escape situation at a store in York.

Published: 18 Mar 2013

Changes to local authority Health and Safety inspections

If you have been on a regular inspection list by the local authority or Health and Safety matters then you will probably find this change over the immediate future. 

Published: 18 Mar 2013

Facebook Friends.a Danger post Employment?

We have discussed previously the dangers that social media can cause with Employees in the workplace.


Published: 18 Mar 2013

Real Time Reporting Are you ready?

As of 6 April 2013, Employers will have to report to HMRC in a different way. This will affect all employee wages that are subject to the PAYE system.

Published: 18 Mar 2013

Small Claims get bigger!

From April 2013 the County Court Small Claims limit is to be increased from 5,000 to 10,000. 

Published: 04 Mar 2013

First Aid at Work

The Health and Safety Executive (HSE) have issued draft guidance on amendments to the Health and Safety (First aid) Regulations 1981 which will be amended in 1 October 2013 (subject to parliamentary approval).

Published: 04 Mar 2013

Personal Protective Equipment (PPE)

HSE have also published a brief guide to PPE including safety helmets, gloves, eye protection, high visibility clothing, safety footwear, safety harnesses and respiratory protective equipment.

Published: 04 Mar 2013

OFT has new powers to suspend licences

Guidance has been published on new OFT powers under the Financial Services Act 2012, to suspend consumer credit licences where there is an urgent need to protect consumers from harm.

Published: 04 Mar 2013

HSE re-launches metalworking fluids website

Many garages will benefit from looking at the new updated Frequently asked Questions section of this website. 

Published: 04 Mar 2013

Juries Do they have a clue?

In light of the recent Vicky Pryce Trail, whereby Mr Justice Sweeney felt it appropriate to disband the jury on the basis of incompetence, we ask, what does this mean for the future of a Jury?

Published: 04 Mar 2013

Mercedes Benz - Too Much Competition?

It was released on 21 February 2013 that the OFT has prosecuted Mercedes Benz and three of its commercial dealerships, Ciceley, Road Range and Enza for infringement of competition law. Fines are reported to be in the region of 2.6 million.


Published: 04 Mar 2013

Why a Court of Appeal decision regarding furniture removals affects you...

At first glance, you might think that the recent Court of Appeal decision in Robertson v Swift concerning a contract for furniture removals to be of no consequence to the motor industry. Feel free to think again!


Published: 18 Feb 2013

When is a contract not a contract?

There are some situations that you must be aware of when a person can withdraw from or cancel a deal and these restrict your ability to sue for breach of contract.   Two of the most common are here...


Published: 18 Feb 2013

OFT and Anti Money Laundering

The OFT have recently prosecuted an IPS Estate Agents in Leicestershire to the sum of 11,844.

Published: 18 Feb 2013

Gross Misconductinvestigation is the key

A recent Employment Appeal Tribunal case, has re-highlighted to Employers the importance of thoroughly investigating all disciplinary issues before definitive action is taken.


Published: 18 Feb 2013

Snow Update: If your business is open and operational then all employees are expected to come into work

This always causes issues for employers as to how to deal with the absence of staff in these conditions. Absence from work is paid where it is deemed to be pre booked holiday, or authorised sickness. If your business is open and operational then all employees are expected to come into work.


Published: 11 Feb 2013

Haulage company fined 300,000 when driver killed by runaway lorry

HSE recently reported the above case.  A driver used the practice of not applying the handbrake or turning off the engine when coupling the trailer to the vehicle.  

Published: 05 Feb 2013

Baby seats and courtesy cars

We recently had to advise on a case involving the loan of a courtesy car to a customer whose car was being serviced. 


Published: 05 Feb 2013

Windermere Auto Centre ordered to pay over 11000 for employee burnt after cutting drum top off

HSE reported a 26 year old employee used a propane torch to remove an oil drum lid so the drum could be used to store scrap metal. 

Published: 05 Feb 2013

Cold Weather Working

The recent cold snap highlights the need to look after the workforce in such conditions.  HSE offer advice.

Published: 05 Feb 2013

The Cost of Banter In the workplace

In a recent Employment Tribunal Case, Evans Halshaw have been found guilty of Age Discrimination. 

Published: 05 Feb 2013

British Heart Foundation: Health at Work Scheme

The British Heart Foundation has launched a new scheme, the Health at Work Project trying to encourage employer to have a happier, healthier and ultimately more productive workforce. 

Published: 05 Feb 2013

New Year Tip Dont sell cars over the phone with a credit card!

Increasingly criminals (who to you and me seem genuine Joe Public) are still conning car dealers into parting with a car on the basis of credit card details of someone they have stole from or cloned the card.


Published: 22 Jan 2013

Phone a friend

This is a fraud that Lawgistics have experienced recently.  A very friendly voice rang the office phone and asked for one of the Directors by name.The coversation started with them telling us what a good company we had been in supporting a local childrens charity.
Published: 22 Jan 2013

VAT Returns

Its the time of year when many businesses and individuals have to submit their tax return. Many have already had to submit these and as many as 50,000 have failed to do so.

Published: 22 Jan 2013

Changes to Employment Law 2013

As is the case each year, there are some legislative changes that Employers must be aware of for 2013.
Published: 22 Jan 2013

Stormy Weather?

As Snow has fallen on the ground across the UK this week, we have received a number of enquiries about Employee rights when adverse weather conditions hit.

Published: 22 Jan 2013

Accidents and Apprentices

Apprentices are prone to accidents in the workplace as much as any other employee. In a recent court ruling an apprentice lost 4 fingers whilst aiding another member of staff to operate a poorly guarded tube expanding machine.

Published: 22 Jan 2013

Thinking of a holiday abroad? Check whats in the car including the parcel shelf!

A UK customer hired a car in Spain and when he had returned home noticed he had been charged 256 Euros on his credit card because the parcel shelf was missing! 

Published: 04 Jan 2013

PPI Complaints - Whats happening?

We have dealt with many PPI customer complaints on behalf of clients. In the latest Financial Ombudsman News it is stated they have received over half a million PPI complaints during the last year and are still receiving over 1000 PPI complaints EACH DAY!

Published: 04 Jan 2013

Employee status comes into question again

In a recent appeal case of Stringfellow Restaurants Ltd V Quashie, the topic of employee status was again discussed at length.
Published: 04 Jan 2013

Beware of kind businesses offering services which can be carried out free

The OFT has recently warned (again) about certain businesses offering, albeit at a relatively low fee, to carry out a service via the internet which could be carried out at no charge on an official government site.  The first hurdle to cross is that such businesses will often arrange for their services to appear higher on search engines than the no fee government site.  OFT quote a recent concern about services offering to apply on your behalf for a European Health Card and offering to book a driving test.  The website addresses are deceptive, so for instance for a European Health Card the letters NHS are included in the website address.  Dont get caught out.


Published: 14 Dec 2012

Yorkshire Trading Standards prosecute Chequered Flag Car Sales

In a recent report in TS Today, it was revealed how a number of Yorkshire Trading Standards Officers and the Police had followed up many complaints by customers of Chequered Flag Car Sales in Hipperholme, West Yorkshire. 

Published: 14 Dec 2012

Nottinghamshire van dealer found guilty of clocking

A Nottinghamshire van dealer Maxwell Alvey has been prosecuted (reported in TS Today magazine) for clocking mileometer readings on 55 vans bought at auction.

Published: 14 Dec 2012

Lawgistics Christmas Break Closure

Our office will be closed from Friday 21 December 2012, until Wednesday 2 January 2013.  We would like to wish all clients a very Happy Christmas and New Year.

Published: 14 Dec 2012

Feeling Merry this Christmas?

As staff Christmas Parties and numerous social gatherings commence, employers must think about the morning after the night before! In an industry where most staff will be expected to drive vehicles, or operate machinery it is imperative that staff are fit and ready for the working day.

Published: 14 Dec 2012

Vehicles damaged by winter weather

With the recent flooding, and now snow that is spreading across the UK, car dealers need to be wary that consumers may wish to trade in vehicles which have been damaged by such adverse weather conditions.


Published: 14 Dec 2012

Tips on how to spot fraudulent consumer behaviour

We have numerous enquiries regarding traders that have been the unfortunate victims of fraud. The most common form being that goods are purchased on a stolen credit card before the card has been reported as stolen.

Published: 14 Dec 2012

The cost of a heat of the moment decision

In a recent case, an employee won 10,000 in compensation against their employer on the basis of unfair dismissal.

Published: 14 Dec 2012

And it wasnt Friday the 13th

A report last week on Mail Online (15.11.12) showed a rather sad faced Andrew Mitchinson when he crashed a 220,000 Lamborghini Murcielago whilst driving it for a customer to test the brakes during an MOT test. 

Published: 26 Nov 2012

Tax implications for renting out storage space

A recent article by Smith and Williamson, Tax Consultants, suggests many owners of premises may not be aware of a new piece of law starting on 1 October 2012 in regard to VAT implications for people renting out space to third parties. 

Published: 26 Nov 2012

Distance Selling and Hyperlinks

As many clients still struggle with compliance with Distance Selling Regulations the European Court of Justice has ruled that it is not adequate to direct consumers to the necessary information to be provided in a durable medium by way of hyperlink. 

Published: 26 Nov 2012

New EU tyre labelling rules

From 1st November 2012 if you retail new tyres they must be marked with information about fuel efficiency, wet grip and noise levels. 

Published: 26 Nov 2012

Facebook Dismissals

With Social Media sites such as Facebook and Twitter now being an entrenched part of everyday life, we are often asked how employer can act if an employee posts negative comments about them on Facebook.

Published: 26 Nov 2012

Payment of Holiday Pay What is included in an employees normal remuneration?

Should employees receive only their basic wage when taking annual leave, or should they also be paid performance related bonus/additional supplements that they would be paid but for their annual leave?

Published: 26 Nov 2012

How approximate is approximate?

A recent case (Norfolk County Council Trading Standards Service v Bycroft and others 2012), involved an estate agent approximating the size of gardens. 


Published: 12 Nov 2012

Its a slippery slope on ice and leaves

This time of year there are two main hazards which can lead to employees slipping over outside your premises.  

Published: 12 Nov 2012

How to reduce staffing costs temporarily

It is common at this time of year that trade is not as frequent as businesses would like. As such, employers often have to look at ways of reducing the wage bill, without resorting to making unnecessary redundancies.


Published: 12 Nov 2012

PRS, PPL and TV Licences?

If you have a TV in a customer waiting area or staffing area that broadcasts radio or music channels, you may also be required to have a PRS and PPL Licence as well. 

Published: 12 Nov 2012

Bio-fuel - Chipping In

A recent query about the premature failure of a diesel injector pump highlighted the growing problem of drivers looking for cheaper fuels to offset the rising costs at the pumps.  

Published: 25 Oct 2012

Proposed new power for OFT to immediately suspend Consumer Credit Licences

Consultation has begun on the way the OFT can shut down businesses by suspending their Consumer Credit Licences in certain circumstances.  

Published: 25 Oct 2012

Sale of imported goods being challenged under copyright laws

In a recent article (Market Watch The Wall Street Journal 12-10-12) it was revealed that there is a challenge in the US Courts to the resale of products made and imported from outside the US. 

Published: 25 Oct 2012

How do Without Prejudice Discussions work?

Such discussions are normally saved for when there is a dispute with an employee or you are discussing the particulars of an employees departure. 


Published: 25 Oct 2012

Can a contract be binding without a signature?

Can the terms of an unsigned contract still be binding on an employee? 


Published: 25 Oct 2012

Employees avoiding a disciplinary hearing at all costs what can you do?

Employees are partial to trying to delay inevitable proceedings in a number of ways. 

Published: 25 Oct 2012

Health and Safety inspectors time is money

Health and Safety inspectors will now be charging 124 per hour for their time when investigating any material breaches of the law. 


Published: 25 Oct 2012

Exposed electric cables on hoist leads to Health and Safety prosecution

Health and Safety inspectors banned a Barking garage M&K Autos Ltd from using a two post vehicle hoist when electric cables were noticed exposed.  


Published: 25 Oct 2012

HSE Proposal to exempt some self employed workers

HSE is looking at proposals to exempt health and safety law from those whose work poses no potential risk of harm to others.  


Published: 25 Oct 2012

Log Book Loans reappears

The OFT have allowed another company, Hermes Property Services Ltd to use the trading style of Log Book Loans. 

Published: 15 Oct 2012

So what is special about Log Book Loans?

A Log Book Loan is a loan agreement generally secured on a car.  The specific name Log Book Loan is the trading name of Hermes Property Services Ltd but this article refers to all similar types of loan. 

Published: 15 Oct 2012

More Employment Law Reform from George Osborne

It was announced last week at the Conservative Party Conference that further reforms to employment law would be implemented in the coming months.

Published: 15 Oct 2012

New Wheel Clamping Laws come into forces

As of 1 October 2012, the Protection of Freedoms Act 2012 will come into force.  S54 of this act deals with the much discussed issue of illegal wheel clamping.  The Section looks to ban such activity.


Published: 15 Oct 2012

Equality Act Reform

It was announced last week that changes would be being made to the Equality Act 2010, regarding third party harassment. The Reform proposes to remove these provisions (Section 40(2)-(4)) altogether.

Published: 15 Oct 2012

National Minimum Wage Increase

A quick reminder that the minimum wage is set to rise again from 01 October 2012. Whilst the rise will only effect certain age groups employers should be reviewing all wages at this time to insure that employees are working for at least the minimum wage for their age.

Published: 01 Oct 2012

Liability - Betterment / Wear and Tear

Its a fact of life that some cases cant be defended or perhaps its just simply not worth going on with the agreement.  

Published: 01 Oct 2012

Liability Mitigation

There is a duty of anyone making a claim to mitigate their loss.  This means they should keep their claim to a minimum.  


Published: 01 Oct 2012

Customer Services whats that?

Its not the usual area of legal articles, but it is worth a mention since it has a big bearing on the legal outcomes for many of our clients.  

Published: 01 Oct 2012

The Communications Act 2003 - If Tweet Trolls arent being prosecuted then what is the point?

After the announcement last week that Daniel Thomas will not be being charged under the Communications Act 2003, we ask, what this piece of legislation actually covers.

Published: 01 Oct 2012

Working Time for Under 18s

Employers who are of school leaving age (16) but are under 18 cannot work as many hours in a week as those over 18. 


Published: 01 Oct 2012

Cutting Electricity and Gas Charges

We get a lot of bombardment by price checking sites to cut down our domestic utility bills but did you know that www.energyhelpline.com/business will do the very same service for energy suppliers to business.  


Published: 17 Sep 2012

New powers to shut down business offering credit

The Office of Fair Trading is to be given powers to shut down finance of businesses with a Consumer Credit Licence with immediate effect, where needed to protect consumer interest.  


Published: 17 Sep 2012

The New Laws on Squatting

It was announced on 01 September 2012, that squatting in the England and Wales had become an illegal act.  Looking into the Ministry of Justice Guidance, we can shed a little more light on the ins and outs of the new rules. 

Published: 17 Sep 2012

Penalty for not paying at least minimum wage

The Department of Business, Innovation and Skills (BIS) has recently published the details of an employer who has been recently prosecuted for failing to pay their staff the correct minimum wage. 


Published: 17 Sep 2012

National Minimum Wage Increase

A quick reminder that the minimum wage is set to rise again from 01 October 2012. Whilst the rise will only effect certain age groups, employers should be reviewing all wages at this time to ensure that employees are working for at least the minimum wage for their age. age range. 

Published: 17 Sep 2012

Hidden Website terms may not be binding on a consumer

In a recent case (Spreadex Ltd v Cochrane 2012) a Defendant was successful in arguing against payment of 50,000 of debts allegedly run up by his girlfriends young son who, without his knowledge or permission, has accessed his account.  

Published: 03 Sep 2012

Intellectual Property Warning

The Intellectual Property Office (IPO) have issued a warning that some companies have received unsolicited visitations from organisations who will ostensibly protect Intellectual Property Rights such as copyright, designs, know how etc in return for a fee.


Published: 03 Sep 2012

When is a Speed Six Bentley not a Speed Six Bentley?

In a recent case a buyer of a car described as a 1930 Speed Six Bentley pursued a case for breach of contract when it was discovered the vehicle had had many components changed, including the engine since new.  

Published: 03 Sep 2012

West Yorkshire business prosecuted for unacceptable working conditions

A Keighley lighting firm was prosecuted when a HSE inspection revealed appalling working conditions, and exposure of workers to defective equipment and welding fumes.  


Published: 03 Sep 2012

Holiday Pay and Sickness Pay

In a recent ECJ decision of ANGED v FASGA, the matter of sickness during periods of booked annual leave was discussed.  It has now been widely discussed and accepted that holiday continues to accrue during periods of long term sickness however this case discussed that happens if an employees falls sick during a period of holiday? 

Published: 03 Sep 2012

Pregnancy and Redundancy

ACAS have published new guidance regarding Redundancies for pregnant workers.  As you will be aware, pregnant women are protected from suffering less favourable treatment as a result of their pregnancy.

Published: 03 Sep 2012

Am I still liable if a customer complains the spare wheel wont fit after more than a year?

We dont use spare wheels very often and hopefully not at all.  It is therefore entirely possible the first time a customer checks the spare wheel is when he/she has a puncture.  

Published: 20 Aug 2012

Motor Factors Are you getting the deal you deserve?

A recent client query demonstrates the problems that can arise when using Motor Factors.  A very large and well known supplier of motor parts was used by our client to supply a glow plug. 

Published: 20 Aug 2012

Bailiff Beware.

What to do when a Bailiff turns up at their premises. Here are a few tips as to how to deal with the situation in the first instance:


Published: 20 Aug 2012

The Importance of HPI / Experian Vehicle checks

HPI / Experian has for some time now has been working alongside the OFT to encourage car dealers to research a vehicles history.  This is a check that the majority of dealers will undertake when selling a vehicle to a consumer.  

Published: 20 Aug 2012

Deposits over the phone

Quite often consumers will see a vehicle online, and want to put a deposit down over the phone to take it off the market before collecting it. T

Published: 20 Aug 2012

Reduction in Employees hours may lead to Redundancy

What are the implications when an employee refuses to work a reduced number of hours, when the business dictates that it is necessary? 

Published: 20 Aug 2012

Corporate Manslaughter Revisited

The Corporate Manslaughter and Corporate Homicide Act of 2007 came in with a blaze of glory heralding a new start and greater accountability for individuals who through gross negligence cause the death of a third party or by unlawful conduct or act, involving danger or harm, causes the death of a third party.

Published: 06 Aug 2012

Director of warranty firm Motorcare Elite received jail sentence

The Director of the warranty insurance firm Motorcare Elite is reported to have been given a 9 month jail sentence 

Published: 06 Aug 2012

Government Review of Sale of Goods Law

The Government is seeking to review Sale of Goods Law.  The proposals are trying to make the law clearer for all concerned and includes:-

Published: 06 Aug 2012

Uniform Policy

Now that the summer has finally arrived (for the moment) here is a quick reminder as to employee uniforms.  Whilst employers can be flexible in allowing clothing for warmer temperatures, clothing should still be appropriate for the working environment. 



Published: 06 Aug 2012

A Jolly Holiday?

As the holiday season approaches, we are often asked about liability when vehicles are taken on Holiday, at home or abroad.


Published: 23 Jul 2012

Employing under 16s:

Under 16s have many more rights than 16-18 year olds as they are not yet really classed as young workers. They will still be classed as children and therefore you must always err on the side of caution when employing workers of this age. You therefore must make sure that you are following the rules accordingly.


Published: 23 Jul 2012

Another European Retirement Decision:

The CJEU upheld a recent decision that a retirement age of 67 in Sweden did not breach the Equal Treatment Directive, and thus was a lawful age for retirement.


Published: 23 Jul 2012

Employment Tribunal Fees Announced:

It has now been released as to what fees Claimants will have to pay to issue an Employment Tribunal Claim. The fees will be implemented from Summer 2013

Published: 20 Jul 2012

Debt Collection Legal Right to Interest for Late Payment

Although this has been around for some time there does not seem to be a large take up of its use in the motor trade sector. 

Published: 09 Jul 2012

HSE Proposal to change First Aid Legislation

There has been concern for some organisations about the requirement to have a qualified appointed first aid person appointed for some low risk workplaces.  

Published: 09 Jul 2012

New Tribunal Stats released

The Government has released the new statics for the last 12 months. In essence the figures show...

Published: 09 Jul 2012

Procedural errors can lead to an unfair dismissal

A recent Court of Appeal decision has reaffirmed that procedural errors made during a dismissal process can amount to an automatically unfair dismissal. 

Published: 09 Jul 2012

Victory for dealer evicted from internet car purchase

A client noticed a keen priced Freelander for sale from a main dealer on the Autotrader website. 

Published: 22 Jun 2012

Number Plate Suppliers Registration

As long ago as 2003 the Register of Number Plate Suppliers scheme was introduced.  The legislation was designed to put control over the supply of number plates to reduce crime.  

Published: 22 Jun 2012

Health and Safety Policy How aware are your staff?

A recent survey undertaken by HSE shows that a shocking low number of employees are actually aware of their companies health and safety policy. As such as 73% of the employees surveyed claimed to be unaware of any health and safety procedures. 


Published: 22 Jun 2012

Sick whilst on Holiday? Where do you stand in regards to pay?

A recent decision from the European courts suggests that once an employee falls ill during a period annual leave, they may transfer to being on sickness leave.  This will infer that the annual leave will then be unused and therefore are able to be retaken at another time.

Published: 22 Jun 2012

Pensions Again!

Further warning has been issued by the government that employers who encourage employees to opt out of the new auto enrolment pension plans will face a penalty.

Published: 22 Jun 2012

TRADE SALES Where do you stand?

It is a common grey area, as to what constitutes a Trade Sale.  Trade sales can only be made to persons who are not a consumer. 


Published: 11 Jun 2012

Pensions Auto Enrolment Update

The implementation timetable for Pensions Auto Enrolment has changed once again,

Published: 11 Jun 2012

Interviewing Tips and Hints

Interviewing for new staff can seem like a daunting and time consuming process, but by taking a little time to prepare and plan what you wish to achieve from an interview situation will save issues at a later date.
Published: 11 Jun 2012

Dealing with staff illness

It is a common issue faced by all employers at some stage, how to deal with staff illness, whether it be short or long term. 

Published: 11 Jun 2012

PAT Testing

The HSE has released new guidelines in relation to PAT testing in relation to small electrical equipment.

Published: 11 Jun 2012

Making a Living on eBay and Amazon? New Taxation Rules to be introduced.

It was announced earlier this month that HMRC are beginning to crackdown on sellers who are making substantial earnings by selling items on eBay and Amazon as at present they pay no tax on such earnings.
Published: 28 May 2012

Reminder: The Queens Jubilee Bank Holiday Where do you stand in regards to Holiday Pay?

The Jubilee weekend just around the corner, questions will arise in regards to payment of holiday pay. 
Published: 28 May 2012

Olympic Sunday Trading Hours

On 1 May 2012 a Bill to suspend temporarily the Sunday Trading laws on opening hours received Royal Assent.  

Published: 14 May 2012

You might think you are just helping but beware

A surprising number of cases pop up on our desks as a result of the business trying to be helpful then ending up facing a legal claim.  It is sad but true.  
Published: 14 May 2012

HSE surprising report on compliance (or not) with Employers Liability (Compulsory Insurance) Act 1969

Most employers are well aware of the legal duty to take out compulsory insurance to cover Health and Safety accidents arising at work with employees.  

Published: 14 May 2012

Fines for not paying minimum wage Where do you stand?

Pendragon, the UKs largest car Dealer has been prosecuted by HMRC and made to pay out compensation totalling 35,000 for underpayment of minimum wage to around 40 members of staff. 

Published: 14 May 2012

Apprentice Wages

We have had a few enquires recently into payment of wages to apprentices. Dependent on age and their level of training apprentices are paid the following;



Published: 14 May 2012

The importance of Risk Assessments

A company have recently faced fines following an employee accident at work which had arisen as a result of a lack of any adequate risk assessment. 

Published: 14 May 2012

Electrifying! How to deal with Electric Shocks:

HSE Investigations into an electric shock suffered by an employee, whilst checking new cables that had recently been maintained on a machine, showed the employer to be at fault. 

Published: 14 May 2012

Who is liable for the accidents of a Manager?

In a recent Scottish case, involving a Tyre Services Outlet, in which debate was had over who was liable for an accident which occurred at work, due to the actions of a manager? 



Published: 14 May 2012

Another change in court procedures!

We have received notification today that courts will no longer be sending out paper copies of Allocation Questionnaire to represented parties. This is in an attempt to save on the cost of printing and distributing. 

Published: 30 Apr 2012

Defamation on Twitter

The recent High Court case of Cairns v Modi demonstrates that social media such as Twitter is by no means free from litigation if someone is defamed. 
Published: 30 Apr 2012

HSE prosecute fuel injection specialists after worker set on fire

A recent prosecution of Swadlincote Diesel Fuel Injection Services Ltd highlights again the damages of fuel flammability.  
Published: 30 Apr 2012

Vehicle repairer prosecuted over the death of an employee

A 76 year old man died after falling through a fragile garage roof having fixed a new advertising sign for Quality Exhaust Supplies and Fitting Service Ltd.  
Published: 30 Apr 2012

Soon be time to go topless! Topless tip!

Although the weather isn't very summery at the moment it wont be long before the sun is out and the sun seekers look for the convertibles to ride around in.  

Published: 30 Apr 2012

Jerry Cans, Jam Jars What are the rules for petrol storage?

The recent debacle arising from a possible fuel tanker strike led to totally unnecessary queues and shortages at garages.  Here are the rules for safe storage should you or your customers need to know:-

Published: 30 Apr 2012

Government scheme to create a new National Trading Standards Board and consumer information moves from Consumer Direct to Citizens Advice

New measures announced by BIS will mean consumers will be getting advice from Citizens Advice instead of Consumer Direct and the setting up of a new National Trading Standards Board (NTSB).


Published: 30 Apr 2012

New Consumer Bill of Rights

As part of the Governments Red Tape Challenge, BIS are working to provide legislation in clear simple English to make things easier for businesses and consumers. 

Published: 30 Apr 2012

OFT Guidance for Car Dealers acting as Credit Brokers

Following on from the changes under the Consumer Credit Directive regarding advertising and providing information to customers buying cars on credit, the Office of Fair Trading (OFT) has published additional guidance for credit brokers.  

Published: 13 Apr 2012

Changes to RIDDOR

As of 6th April 2012, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), have been amended. Particular attention has been paid in regards to the three day reporting requirement, which has now been extended to seven days.

Published: 13 Apr 2012

Prosecuted for saying sold as seen and failing to check mileage history

A Dunstable based dealer Zain Ul Abadin has recently been convicted for using the expression the car is being sold as seen, because it has the effect of deceiving customers about their rights. 

Published: 13 Apr 2012

Garage mystery shops reveal problems

Devon Trading Standards have carried out a mystery shop of a number of garages in their area.  
Published: 13 Apr 2012

Heavy fines and costs for Backworth Motor Group in North Tyneside leaves them 30,000 down

Three individual parts of Backworth Motor Group, DAJ (North East) Ltd, Michael John Howarth (jnr) and Darren Atkinson have been taken to task by North Tyneside Trading Standards for many offences regarding the descriptions and quality of cars sold, as well as their checks (or lack of) on vehicles for sale.
Published: 13 Apr 2012

BMW recall - Your liability as a Used Car Retailer

It has been announced this week that BMW are recalling all 5 and 6 Series models built between 2003 and 2010, due to a number of reports of the same defect with the vehicles battery, which may cause it to set alight. 

Published: 02 Apr 2012

New Rates of Statutory payments from April 2012.

From 09 April 2012 the following Statutory payments will increase. 

Published: 02 Apr 2012

Insurers will turn down claims for theft when security features are thief proof

The financial Ombudsman agreed with insurers that a claim should be turned down when a car was apparently stolen, and then set on fire,  given the car had an intelligent programmed key.


Published: 02 Apr 2012

Claims for car hire in accident claims

Recent appeal cases (Vasant Pattni v First Leicester Buses Ltd/Darren Bent v Highways and Utilities Construction Ltd and Allianz Insurance) have put sensible limits on what credit hire companies can charge when they innocent driver takes out a loan car to cover the period his or her car is off the road waiting for repair.  

Published: 02 Apr 2012

Cutting Overheads - Short Term Working

Employers that are facing a down turn in trade, may wish to temporarily reduce their wage bill. This can be achieved with Short Term Working. 

Published: 19 Mar 2012

Auction buying which game rules are you playing?

The Lawgistics rough guide to auctions is very simple.  If you buy from an auction you are governed by the terms and conditions in the small print of the auction but if you buy outside of the auction then it depends what terms you have agreed before you buy with the seller. 


Published: 19 Mar 2012

Customer Complaints - Be helpful but beware

When you get a complaint from a customer dont automatically rush into saying Yes.  Small repairs like changing a bulb, fuse, doing up a clamp, bracket etc then fine.  

Published: 19 Mar 2012

PPI claims continue to come through

Although there has been a slight reduction in PPI claims arising there is still a steady stream coming through.  
Published: 05 Mar 2012

The Green Deal - Are you as green as you think...

This article is not directly addressed to the Motor trade but, as we deal with a lot of peripheral business/consumer problems for clients it seems worthwhile spreading the word on this one.  
Published: 05 Mar 2012

Sale of Goods Act

When the Claimant is arguing a breach of Section 14 of the Sale of Goods Act 1979 (as amended), who holds the burden of proof? 

Published: 05 Mar 2012

County Court Claim Forms


If you receive a County Claim form from Court, make sure you undertake the following steps:-


Published: 05 Mar 2012

Why consultation during redundancies are so important

It was announced in January, that the high street chain Woolworths, who went into liquidation in 2008 have lost their employment Tribunal against the Trade Union USDAW, awarding compensation of 67.8 million to be shared between 24,000 workers.



Published: 21 Feb 2012

Case Study: Disability Discrimination and Reasonable Adjustments

In the recent case of Salford NHS Primary Care Trust V Smith, the Employment Appeal Tribunal (EAT) discussed the issue of what is considered to be reasonable adjustment under Section 4 of the Disability Discrimination Act 1995. 


Published: 20 Feb 2012

Unfair Dismissal Changes - NEW employees only

Just a quick reminder, that from 06 April 2012 the qualifying period for unfair dismissal will change from one to two years. 

Published: 20 Feb 2012

Further convictions on lease stitch ups

At least one of our clients was previously caught in a leasing scam by representatives called Business Telecom Ltd.  


Published: 20 Feb 2012

Yes, stereos fall under Sale of Goods law too

There seems to be misconception with dealers that if something goes wrong with music equipment, immobilisers and aftermarket equipment then they can walk away from those problems if they breakdown.  


Published: 20 Feb 2012

PRS and PPL Licences

We receive a burst of enquiries periodically when these organisations, Performing Rights Society (PRS) and Phonographic Performance Ltd (PPL) have a purge on motor traders using music in the workplace/customer areas.
Published: 06 Feb 2012

Dealer selling illegal number plates fined 40,000!

A dealer in number plates who had failed to register with DVLA as required by law, and who had used trade marks on the plates without authority of the owners, was fined 40,000 and had to pay more than 25,000 costs in Aylesbury Crown Court in December.
Published: 06 Feb 2012

The OlympicsTime off for volunteering?

As the Olympics draw ever closer, it is mindful for employers to consider how to deal with staff who wish to have time away from work to volunteer at the Olympics.

Published: 06 Feb 2012

Unfair Dismissal:

A quick reminder that as of 06 April 2012 the qualifying period of Unfair Dismissal Claims will rise from one to two years. However this will not be retrospective and will only to apply to employees taken on after this date.

Published: 06 Feb 2012

Acceptable Workplace PracticeWhat does it mean?

Whilst it is encouraged that the workplace is a happy place where all employees get along with one another, there are limitation as to how well or in what manner they choose to get along. More and more cases are arising out of actions that are acceptable in the workplace which actually are not.


Published: 06 Feb 2012

Trading Standards Officers prosecute Motorshop/Motormarket/Motorplace car matching scam

Four Defendants, Paragoitis Christofi, Craig Brannigan, Sam Dimmock, Cengiz Kernal were convicted in November 2011 for involvement in a car matching scam for private customers seeking to sell their cars.  
Published: 23 Jan 2012

Carcraft gives undertaking to OFT about concerns over business practices

As a result of customer complaints the Office of Fair Trading (OFT) has taken enforcement action against the car supermarket Carcraft, which has 11 car supermarkets across England and Wales.  

Published: 23 Jan 2012

Another Lawgistics client wins case against Carlyle Finance attempting to claw back commission

Again, a client has won a claim against Carlyle Finance who were seeking to reclaim commission by way of claw back.
Published: 23 Jan 2012

Redundancy and Offers of Reasonable Alternative Employment

In the recent Employment Appeal Tribunals case of Readman V Devon Primary Care Trust, it was ruled that when measuring reasonableness in regards to the alternative employment offered, Tribunals must assess the reasonableness of the employee and not the reasonableness of any employee.
Published: 23 Jan 2012

Reminder: SELF ASSESSMENT TAX RETURNS DUE BY 31 JANUARY 2012!

If you havent already done so, dont forget to submit your tax returns by the end of the month, otherwise you will be fined, starting at 100.


Published: 23 Jan 2012

PPL and PRS LicensesDont get caught out.

We have recently received a number of cases from clients who have fallen victim to PPL Licensing laws and are having to pay out as a result. PPL Licensing was introduced to protect artistic works covered under the Copyright Designs and Patents Act 1998.
Published: 23 Jan 2012

Financial Ombudsman Service Update PPI fees to increase

Increasingly the Financial Ombudsman Service, (FOS) are getting involved in more complaints concerning financial products.  A new report from FOS indicates that
- the estimated first line consumer enquiries will increase in the next financial year to 1.4 million compared with 1.2 million this year
- the number of new actual cases will rise to 285,000 compared with 259,000 this year

Published: 06 Jan 2012

Time for a holiday? Check where you get your travel money

At this time of the year many people begin thinking about holidays.  Following a super complaint from Consumer Focus the Office of Fair Trading have reached agreement with banks and money providers to make charges for purchasing foreign money clearer.
Published: 06 Jan 2012

London Olympics Brand Protection

We have received enquiries from clients regarding the use of words and images connected with the upcoming Olympics events.


Published: 06 Jan 2012

TUPE can not be avoided despite administration of a Company.

In the recent ruling of Key2Law (Surrey) LLP v De'Antiquis the Court of Appeal, ruled that a company in administration was not exempt from the rules of TUPE. As administration is a more stepping stone to insolvency or bankruptcy proceedings, it cannot trigger the relevant exemptions under Regulation 8 (7) of the 2006 TUPE regulations.
Published: 06 Jan 2012

Methodist Minister...Employment Status?

In the recent case of Moore V President of the Methodist Conference , argued as to what their employment status was. The Respondent had to date treated them as a non employee, claiming that as there was no intention to contractually create a legally binding working relationship with God, Ministers were not employees and thus not entitled to the rights employees are afforded, such as unfair dismissal rights.
Published: 06 Jan 2012

Sex Discrimination on the grounds of marital status

In the recent Employment Appeal case of Dunn V The Institute of Cemetery and crematorium Management, it was held that Section 3 of the Sex Discrimination Act (SDA) (as now amended and integrated into Section 8 of the Equality Act 2010) applied to less favourable treatment received because she is married to a particular man?
Published: 19 Dec 2011

Fees for employment Tribunals?

As discussed throughout 2011, the government have now issued two proposals as to the fee structure that will be introduced to employment tribunals from next year. Consultation will take place between now and March 2012, upon which a formal structure will be reached and implemented from 2013.
Published: 19 Dec 2011

2012 What to expect

There has been much discussion towards the later part of the year regarding the reform of Employment Tribunals and Employment Law in general. However Vince Cables speech of 23 November gave many ifs and bits but not any definitive answers, so we ask what should we expect in 2012?
Published: 19 Dec 2011

Reminder about new Agency Worker Rights

For any employers who may have taken on Agency workers over the run up to the festive period, will need to remember that after 12 weeks work they will be entitled to the same rights as other employees.
Published: 19 Dec 2011

Enterprising yes. Naughty yes

A recent article in the Trading Standards Today magazine revealed how a door to door salesman managed to sell homemade stickers stating we do not buy at the door for 1.50 each.  Ouch!
Published: 19 Dec 2011

Mileage adjusted Sir? No problem!

For some years, it has been a thorn in the side of Trading Standards that certain people have blatantly offered their services to clock a car.  Such an action has been difficult to prosecute under existing law but the new Consumer Protection from Unfair Trading Regulations (CPRs) have given more scope for making it an offence.
Published: 19 Dec 2011

Altering contractual terms after a TUPE transfer

In the recent Tribunal case of Smith and Ors V Trustees of Brooklands College, the issue of making amendment to employees after the completion of a TUPE transfer was discussed.
Published: 05 Dec 2011

Sick Leave and Holiday Entitlement

It was ruled in 2009 in the cases of Stringer v HMRC and Pereda v Madrid Movilidad SA, that employees on long term sickness still accrued their holiday entitlement whilst on leave and could carry the entitlement over to the next holiday year, should the employee have been too ill to take it.
Published: 05 Dec 2011

Credit Card Fraud Beware

We are seeing an increase in credit card fraud so be extra vigilant.  We had a recent case where a customer made an enquiry over the phone about a vehicle, didnt give credit card details and then came to view the car. 


Published: 02 Dec 2011

Internet Auctions / Trade Sales. Timing is everything

One of our clients recently bought a successful claim against a large franchise dealer with our assistance, for selling a poor quality car via an internet auction site.  The franchise dealer gave a glowing description of the vehicle on the internet site but when our clients took delivery the engine immediately showed a serious fault which would have proved an expensive repair.
Published: 02 Dec 2011

Bad Weather Ahead?

As we are all aware, Christmas is not far away, and while we may all still be enjoying decent temperatures at present, it is predicted that temperatures will fall dramatically in December. This always causes issues for employers as to how to deal with the absence of staff in these conditions.
Published: 02 Dec 2011

OFT New Action Plan

The OFT has now published its action plan for 2012/13.  They have suffered a 25% budget cut and so their proposed action is targeted on specific problem areas and focuses on high impact enforcement influencing the change of behaviour, and improving consumer, credit and competition regimes.
Published: 02 Dec 2011

webuyanycar.com valuations taken to task by the OFT

An OFT investigation found an abnormally high 95% of customers selling their car to webuyanycar.com received less for their vehicle than the original website valuation.  In some cases this amounted to hundreds of pounds.
Published: 18 Nov 2011

References to ex employees - Beware when writing.

In the recent case of Jackson V Liverpool City Council, the court of appeal overturned the county courts ruling that a reference had been given negligently because it contained unverifiable accusations as to the employees performance whilst in their employment.

Employers currently have no obligation in statute to give employees a reference when they leave their employment, unless stated in an employees contract of employment or further agreed as part of a compromise agreement or redundancy package.


Published: 18 Nov 2011

Used cars still the OFTs number one complaint

A recent report from the OFT, showed used cars were the number one topic of complaint by members of the public.

Published: 18 Nov 2011

Consumer Credit Licence: Company & Individual Controllers

All applications for Consumer Credit Licences or their renewal ask whether or not the Company has a Controller.  This is defined by the Act as a person in accordance with whose directions instructions the Directors are accustomed to act,  OR a person who is entitled to exercise control over one third or more of the voting power at a General Meeting.
Published: 18 Nov 2011

DIY Credit Licence not allowed!

An individual, a Mr Clements, held a Consumer Credit Licence in his own name.  Mr Clements decided to form a Limited Company and amended the licence to reflect that change, he unfortunately forgot to seek the Office of Fair Tradings permission for that change and submitted the amended licence to Carlyle Finance in order to ensure continuity of business while he sought a new licence.
Published: 18 Nov 2011

The case of potential religious discrimination: Cherfi vs G4S Security Services

This case discusses employers justifications when looking to refuse an employees request for a certain working pattern.

Published: 04 Nov 2011

The case of the self employed car valeters and their treatment as employees

This case relates to the employee status of 20 self employed car valets, who were employed on a self employment basis at a client site of the company Autoclenz Ltd.

Published: 04 Nov 2011

VAT Information on Invoices

In a previous article we looked at what company/business information is needed on invoices
Published: 04 Nov 2011

Distance Selling Regulations Beware

If you, as a motor dealer, are prepared to sell cars over the telephone or internet then it is likely you will be caught by the Distance Selling Regulations.  The danger for the dealer is that if you have not provided the necessary information as laid down in the legislation then you can end up with the customer having 3 months and 7 days to cancel the deal and give you back the car FOR ANY OR NO REASON! 
Published: 04 Nov 2011

Company Information required on websites, emails and text messages

In a previous article we reviewed what information is needed on business stationery.  As a result of changes in the Companies Act and under the Electronic Commerce (EC Directive) Regulations there are now several pieces of information that must be included on company and business websites and emails.  It is not restricted to those businesses which buy and sell from the Website.
Published: 04 Nov 2011

Ofcom confirms ban on rollover contracts from December 2011

We receive a continual trickle of complaints about utility companies holding businesses to ransom over the abusive process of rollover contracts or Automatically Renewable Contracts (ARCs). 
Published: 21 Oct 2011

Lid off the practice of registering cars with pseudo buyers to reach sales targets

It was reported recently (AM Online 23/09/11), during an Employment Tribunal case, how a company boss revealed how his company had broken the rules of Supply of New Cars Order 2000 so that targets were reached on new car sales and manufacturers bonuses were paid. 
Published: 21 Oct 2011

Company and Business Names on Business Stationery


In this first article we will look at what information you need to have printed on your letterheads, and other business stationery.
Published: 21 Oct 2011

Vehicle Safety Recalls how it affects car retailers

A client recently raised a query about the position of used motor retailers and VOSA safety recall information.  Firstly the legal position. 
Published: 21 Oct 2011

Social Networking Sites: Whats your policy?

It has been a discussion point for some time as to the influence of social networking sites such as Facebook, and Twitter. Can these really be detrimental to your business if your employees have a bad day and decide to tell the world about it?
Published: 21 Oct 2011

Pension reform; Are you ready for 2012?

From 2012, Pensions will change as all employees will need to automatically be enrolled in a pension scheme by their employer. It is planned that implementation will be phased over a possible 4 years but some larger employers will face changes from 2012.  Large businesses will begin to be enrolled from September 2012, following though to those with under 50 employees by July 2014. So there is some way to go yet.

Published: 10 Oct 2011

The Motor Industry and Legal Services Act

This act will come into force in October 2011 which will change the way in which legal advice is available to the public. This nicknamed Tesco Law means that ordinary business models such as banks. Limited companies and supermarkets will be able to further branch out into the supply of legal services.

Published: 10 Oct 2011

Full Service History what is it and how much is it worth?

Its a bit of an old chestnut as to what Full Service History actually means.  If we look at the literal definition, if a car at 100,000 miles had just one service at 50,000 miles comprising an oil and filter change and there was document which recorded this then that would be the full service history.  It is the only history of servicing that car.

Published: 10 Oct 2011

Netcars.com a new kid on the block

We have noted a new car stock testing website has just started up which will compete with some other big players in this market. 
Published: 10 Oct 2011

Consumer Protection for Unfair Trading Regulations: Further guidelines

In this article we look at a further section of the Office of Fair Trading guidelines for adhering to the Consumer Protection for Unfair Trading Regulations (CPRs).  As we have said before the new regulations are wide reaching and take the law much further than you might imagine.
Published: 10 Oct 2011

Changes to the Employment Tribunal System Breaking News!

It has been announced this afternoon by the Chancellor George Osborne that the proposed changes to the Employment Tribunal System will come to fruition in April 2012.

Published: 03 Oct 2011

The Agency Worker Regulations 2010

From 01 October 2011, rules in relation to the employment of agency workers will be changed, as The Agency Worker Regulations 2010 will come into force.

Published: 28 Sep 2011

Case Study: Application of the Knowledge of Defence

In the recent case of Wilcox V Birmingham CAB Services Ltd the Employment Appeal Tribunal discussed an employers liability towards a disabled employee. The argument lay on the basis that if they had no knowledge of the employees condition, the employer could not have known that reasonable adjustment was needed to that employees working conditions.
Published: 28 Sep 2011

The powers of an Employment Tribunal

In the recent Employment Appeal Tribunal case of Lyce Franais, Charles de Gauelle V Delambre, it has been highlighted that a Tribunal is not only able to make awards for compensation, but also to act as an advisory service to employers.
Published: 28 Sep 2011

How much Compassionate Leave are employees entitled to?

This is an area we have numerous queries about. To clarify, an employee who suffers the death of the specific relative are entitled to compassionate leave from work. Under section 57(1) of the Employment Rights Act 1996, "an employee is entitled to be permitted by their employer to take a reasonable amount of time off, during the employee's working hours, in order to take action which is necessary.... in consequence of the death of a dependant."
 

Published: 28 Sep 2011

Important News - Changes to the National Minimum Wage as of October 2011

We remind all employers that from 01 October 2011, minimum wage will increase for all categories of employee.
Published: 23 Sep 2011

Judge and Jury: The Case of the Chipped Windscreen

A customer purchased a vehicle after spending an hour looking round the car and taking it for a test drive. The next day, the customer rang to say there is a chip in the windscreen and claimed that Autoglass has said the chip was old and likely to spread and that a replacement windscreen was the only option costing 150.
Published: 19 Sep 2011

Social Networking Websites - Lawgistics join Facebook and Twitter

We have set up a Facebook and Twitter account where you can like/follow us to receive instant legal updates and discuss legal matters with other motor trade professionals.


Published: 05 Aug 2011

Still confusion over accumulation of holiday during sick leave

A recent European case (KHS AG v Schulte 2011) on how long an employer needs to allow untaken holiday leave to accrue during sickness  still leads to an unsatisfactory legal problem. 
Published: 05 Aug 2011

When can discussing sexual orientation amount to discrimination?

In a recent case (Grant v HM Land Registry 2011) an employee moved from one branch to another and found out that his homosexuality had been discussed at the new branch. 
Published: 05 Aug 2011

Inadvertent text message can be costly

In the case of Paulicka v Pier Trading Company an employee had received a text message from a manager which should have gone to another person. 
Published: 05 Aug 2011

The need for first hand witness evidence in disciplinary hearings

An appeal case (R(on application of J P Bonhoeffer v General Medical Council 2011)) emphasised the need for first hand evidence wherever possible in disciplinary proceedings and avoiding hearsay evidence. 
Published: 05 Aug 2011

Capability Dismissals

Recent case law suggests that dismissals based on capability must be subject to the same standard of proof as a conduct case, applying 3 Steps:
Published: 05 Aug 2011

Discrimination

In Cherfi v G4S Security Services Ltd, it has been determined that if an employer can show genuine and justifiable reasons based on costs that a company has chosen to implement a particular policy, that would but for the cost implications be seen as direct discrimination, it will not be.


Published: 05 Aug 2011

Dismissal

Failure to accept a decrease in pay may be a legitimate reason for dismissal.
Published: 05 Aug 2011

Beware of lookalike websites which charge for government services

In a recent statement the OFT has said it is investigating a number of case where companies are deceiving consumers by charging for information which is free on government sites. 
Published: 05 Aug 2011

Corporate hospitality Bribery Act

The Serious Fraud Office (SFO) has published factors to be taken into consideration when considering whether corporate hospitality becomes a bribe.  Firstly the SFO look at company policy regarding gifts and hospitality.
Published: 05 Aug 2011

Complying with the Consumer Protections from Unfair Trading Regulations 2008 (CPRs)

In this eighth article we look at further guidance issued by the OFT in complying with the CPRs.  This section will look at after sales service.  The first step is to have a procedure to deal with customer enquiries in an honest, fair, professional and reasonable manner.
Published: 05 Aug 2011

Lucy Bonham Carter @ Dealerclub.co.uk PLAGIARIST OR ACTRESS?

If imitation be the sincerest form of flattery, plagiarism must be the sincerest form of theft. Of course it is really the sincerest form of laziness.

Published: 28 Jul 2011

Transferring Confidential Information

In Brandeaux Advisers (UK) Ltd and ors v Chadwick, it was ruled that an employee who transfers large amounts of an employers confidential information could be dismissed for gross misconduct, regardless of if they divulge the information to another or misuse it. 
Published: 06 Jun 2011

Constructive Dismissal Cases

Constructive dismissal is usually defined where by an employee terminates their employment in response to a fundamental breach by the employer.   Despite the employee terminating the employment, it is classed as a dismissal by the employer.
Published: 06 Jun 2011

Parental Leave

This has become a very prominent issue for business as new fathers are now able to undertake up to 26 weeks paternity leave, after the birth of a child, now known as Additional Paternity Leave (APL). 
Published: 06 Jun 2011

Consultation on Modern Working

Further to the proposed amendments to APL this consultation proposes to amend the following:
Published: 06 Jun 2011

Changes to RIDDOR reporting to HSE

From 12 September 2011 a business wishing to report an incident under the RIDDOR scheme will for the most part be required to only report it online. 
Published: 06 Jun 2011

Closure of HSE Infoline

From 30 September 2011 the HSE Infoline telephone service will close as part of a cost cutting exercise. 

Published: 06 Jun 2011

HSE Health & Safety Law Poster - transition

Did you know the old Health and Safety Poster was published in a new format and more colourful design in 2009.   HSE set a timescale of 5 April 2014 for the posters to be replaced.  They can be purchased from HSE Books 01787 881165 for £6.38 + VAT or a more sturdier version for £10.22 + VAT. 
Published: 06 Jun 2011

HSE Reforms at HSE and Local Authority levels

In the Government plan to ease the burden of the bureaucracy a number of measures are proposed including the level of enforcement.  The new proposals seek to shift the focus from businesses that do the right thing with more focus on enforcement at high risk areas and dealing with serious breaches of the legislation. 
Published: 06 Jun 2011

Insurer and warranty do battle - Templeton Insurance Ltd v Motor Care Warranties Ltd 2010

A dispute arose between the sellers of mechanical breakdown insurance, Templeton Insurance Ltd and the UK agents Motorcare Warranties Ltd. 

Published: 05 May 2011

Paternity Rights

Many small businesses are concerned at the prospect of increasing leave arrangements for fathers being talked about at the moment.

Published: 05 May 2011

Workplace Pension Reforms

The provision of pensions in the future is something that is on the mind of many employers.Small employers need not be overly concerned at this stage.   It is the intention of the Pensions Regulator to write to employers both at 12 months and 3 months before enrolment in the scheme as necessary. 


Published: 05 May 2011

Easter Sunday Trading

Under the legislation you cannot open for business on Easter if you are classed as a large shop (more than 280 square metres). 
Published: 20 Apr 2011

Bribery Act Guidance

On 31 March 2011 the Government published guidance on what procedures businesses must put into place to offer as a defence if accused of failure to prevent bribery. 

The legislation will come into force on 1 July 2011.


Published: 20 Apr 2011

Trade to Trade website auctions/sales

We have experienced a number of queries from clients in regard to misdescription of vehicles sold on the various web based sites now operating. 

Published: 20 Apr 2011

Employment Law Legal Changes in April 2011

Standard Maternity, Paternity and Adoption Pay has increased form 124.88 to 128.73...

Published: 20 Apr 2011

Newsflash Flexible Working Rights

Flexible Working Rights will not be extended to parents with children under 19 as was originally proposed. (NB those parents with disabled children can, as is the case now). 
Published: 20 Apr 2011

Newsflash - Agency Workers

Agency Workers Regulations will come into force on 1 October 2011.  The Legislation will provide agency workers the right to the same employment terms and conditions as permanent staff. 
Published: 20 Apr 2011

Finance commission claw backs Lawgistics client wins case against finance company claim

Recently a number of finance companies have been seeking to claim back finance commission payments.  In many cases some smaller dealers have been dropped with little or no notice by the finance companies and are then expected to write a cheque for several thousands of pounds which the finance company believe is owed.

Published: 08 Mar 2011

Complying with the Consumer Protection for Unfair Trading Regulations 2008 (CPRs)

There is some confusion in the motor trade about the nature of Warranties in the sense of a written document, usually a booklet, which sets out what you or a third party insurer guarantees to happen in the case of a breakdown and Sale of Goods law. 

Published: 01 Mar 2011

Right to request time off for training

The government has just announced that the right for employees to request time off for training will NOT be extended to small and medium sized businesses (less than 250 employees) as was originally planned for April 2011.

Published: 01 Mar 2011

Clocking is still alive but perhaps not so well!

A Mr Gavin Seragg, t/a Mayfair Car Sales, Hall Street, Offerton was prosecuted for clocking a number of vehicles and offering credit without a licence by Stockport Council.

Published: 01 Mar 2011

Redundancy consultation should include consideration of bumping

A recent case Fulcrum Pharma (Europe) Ltd v Bonassera and another 2010) emphasises the need for giving an employee facing redundancy a full consultation to consider all eventualities. 
Published: 01 Mar 2011

Is the employer liable for theft by its employees?

A recent case (Brinks Global Services Inc and others v Ignox Ltd and others 2010) suggests that the employer can be liable where the employee effectively made the theft during the normal course of duties.

Published: 01 Mar 2011

Notification for returned using DRA cannot be given on or after 6 April 2011

If retirements due to fall after 1 October 2011 have let to employees giving notice more than the six months minimum then that notice is deemed invalid since 1 October 2011 will be the strict cut off point. 

Published: 01 Mar 2011

Important Question for Employees your trainees/apprentices?

Training Provider organisations such as Remit Training may well approach you or you approach them to assist in helping technicians get a qualification and on the job training.


Published: 01 Mar 2011

Complying with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs)

In the sixth article we are looking at further guidance from the Office of Fair Trading on complying with this legislation.


Published: 11 Jan 2011

Increase in Employment Tribunal Claims

From 1st February 2011 the maximum awarded for unfair dismissal rises to 68,400 (from 65,300) and the maximum for a weeks pay eg in redundancy cases rises to 400 from 380.

Published: 11 Jan 2011

Will the new Consumer Credit legislation be the next rich pickings for claims management companies?

When there is a rigid legal framework to be followed then it is relatively straightforward to make a claim against motor retailers and finance companies for failing to adhere to the letter of the law.
Published: 11 Jan 2011

New Finance Regulation from 31st January

It is less than one month before the European Consumer Credit Directive becomes the law when selling vehicles on finance.
Published: 11 Jan 2011

Happy New Year!

We would like to take the opportunity to wish clients a very happy and prosperous 2011.  To help you ease into the New Year here are some Lawgistics Top Tips to make your lives a little less stressful.
Published: 11 Jan 2011

Christmas Party Tips

The works Christmas Party should be a happy event for all concerned and with a little thought and preparation it can be.  At a difficult trading year it is a time, also when you can say thank you for the efforts put in by all employees. 
Published: 09 Dec 2010

TOP TIP Cold weather what if an employee can't get in due to bad weather

As with many contentious areas it is always a good idea to set down in words ie make a policy of what happens if employees can't get to work in the snowy/icy conditions.
Published: 09 Dec 2010

Complying with the Consumer Protection for Unfair Trading Regulations 2008 (CPRs)

In the fifth article we are looking at the Office of Fair Tradings guidelines for compliance with the CPRs.
Published: 08 Dec 2010

Gross Misconduct still needs to be a fair dismissal procedure

It is important to realise that even when an employee commits an act of gross misconduct eg fighting, theft, fraud, serious infringement of health and safety rules etc, it is important to still follow a procedure including a dismissal hearing. 
Published: 08 Dec 2010

Cost may be awarded to serial employment law litigants

The Employment Appeal Tribunal (EAT) recently dismissed our appeals by John Berry who on a number of occasions had scoured internet sources for job advertisements seeking recent school leaver or similar.
Published: 08 Dec 2010

Health and Safety clearing snow and ice

We are frequently asked about the legal liabilities in clearing snow and ice from walkways.
Published: 08 Dec 2010

Late invoice bill payments get closer regulation

Companies paying companies will be subject to a 60 day limit for payment after which, if they havent paid, they will face a penalty of 40 euros plus interest at 8% above the European Central Banks referent rate.  The 60 day limit only applies if companies agree it.  If not, it will take hold at 30 days.  The only exception is where it is expressly agreed in the contract and is not grossly unfair to the creditor.  This new law must be brought into UK law by 2013. 

Published: 09 Nov 2010

Proposal to increase Unfair Dismissal period to two years employment

The Government have announced they might increase the limit on unfair dismissal claims (non automatic unfair cases) to a two year employment requirement from the current one year. 

Published: 09 Nov 2010

Dismissal can be classed as reasonable even without gross misconduct

In a recent case (Weston Recovery Services v Fisher) the employee had returned a company mini bus which had been loaned for a holiday, in an unsafe condition.  The rear step was missing and seats insecure.   Although not classed as gross misconduct it was held to be a reasonable response by the employer to dismiss the employee.  The only part of the claim that the employee succeeded on was the payment of a notice period since he should not have been instantly dismissed. 

Published: 09 Nov 2010

Redundancy Scoring important decision

Clients are aware that where there are a number of potential candidates for redundancy in a pool then it is necessary to apply the system of scoring to ascertain who will be the one(s) chosen to be made redundant.   In a recent case (Pinewood Repro Ltd t/a County Print v Mr G Page) it was held to be an unfair dismissal if the employer would not give the employee an explanation of the scoring and a meaningful chance to comment on the scores as part of the fair consultation process. 

Published: 09 Nov 2010

New Pension Scheme will put up employers costs

From October 2012 the largest companies (1250 employees plus) will be required to enrol into a pension qualifying scheme being either a private occupational defined benefit or defined contribution pension scheme, group personal or stakeholder pension schemes, group self invested personal pension scheme or a new scheme referred to as NEST (National Employment Savings Trust).
Published: 09 Nov 2010

Phasing out of default retirement age of 65

The Government is proposing to phase out the default retirement age of 65 from 6 April 2011.
Published: 09 Nov 2010

European City Guide still features with our clients

It appears the European City Guide (ECG) is still causing concern for our clients.  We thought the activity had gone quiet but some complaints have started again.
Published: 09 Nov 2010

Finance Companies still seeking Debit Back of Commissions Top tip

We are still seeing many claims for debit back of commissions by finance companies and in particular, Black Horse, Carlyle and Santander.  There are different approaches to the claims by such companies and as a Top Tip as always, we say contact us at the earliest opportunity for assistance. 

Published: 09 Nov 2010

All change with the new Consumer Credit Directive

There has been much talk about the implementation of the EC Consumer Credit Directive and there is only three months before it will become the law through UK legislation.
The Department of Business Innovation and Skills (BIS) have produced a 111 page guidance booklet so get one on your Christmas list now!!

Published: 09 Nov 2010

Complying with the Consumer Protection from Unfair Trading Regulations

In this fourth article we look at the Office of Fair Trading guidance for Pre Sale Checks on vehicles and what is expected of you.


Published: 12 Oct 2010

Are the OFT and Consumer Direct on borrowed time?

In a recent Radio 4 programme Money Box, mention was made that the Citizens Advice Bureau are being lined up to take over Consumer Direct.  In addition the Office of Fair Trading may be merged with the Competition Commission.  The criminal consumer activities may be passed to Trading Standards Departments but given the squeeze on their budgets, there would seem to be little activity 

Published: 12 Oct 2010

Equality Act 2010 How it affects recruitment

The New Equality legislation comes into force on the 1st October 2010 and will affect the way you recruit personnel.
Published: 12 Oct 2010

Fake brake pads in Northern Ireland

The Trading Standards Officers in Northern Ireland have seized a quantity of fake brake pads destined for VW/Seat/Skoda/Audi vehicles. 

Published: 12 Oct 2010

Dismissal is dismissal mistake or not

In the recent case of Willoughby v C F Capital plc the employer was experiencing financial difficulties and told the employee that to move over to self employed and receive a retainer plus commission would be beneficial.  After requesting more details the employee was sent a letter with an agency agreement to move to self employed status, claiming also that it had been mutually agreed and the existing employment contract would be terminated.On challenging the employer they noted it was a mistake but it was decided she had been dismissed unfairly. 

Published: 12 Oct 2010

Loss or Theft

The distinction is important and a recent case highlights the necessity to be clear when carrying out dismissal procedures.

Published: 12 Oct 2010

Stress at Work

 The CIPD in conjunction with ACAS and The Health & Safety Executive have produced a useful guide on stress at work entitled  Work-related stress What the Law says. 
Published: 12 Oct 2010

Employment law changes in October

a)           Introduction of the Equality Act 2010

b)           Minimum Wage

Published: 12 Oct 2010

Complying with the Consumer Protection from Unfair Trading Regulations

As the third article we will look at some further Office of Fair Trading guidance on complying with these Regulations.

Published: 06 Sep 2010

Employment Tribunal claims Employers ability to pay

In a recent case in the Employment Appeal Tribunal (Tao Herbs & Acupuncture Ltd v Mrs Y Jin), it was held that the Employment Tribunal had not been wrong not taking into account the employers ability to pay when faced with an Employment Tribunal claim.
Published: 06 Sep 2010

A weeks pay inclusive of discretionary bonus

In a recent case of CIBC v Beck there was an argument that a discretionary bonus should be included in the calculation of a 'weeks pay' for the purpose of calculating compensation.

Published: 06 Sep 2010

Tribunal finds in favour of employer even through principles of natural justice appear to be missing

In the case of Bashir and Bashir v Sheffield Teaching Hospital NHS Foundation Trust, Mr and Mrs Bashir made grievances to NHS grievance panel

Published: 06 Sep 2010

Who is a worker?

In the case of Community Dental Centres Ltd v Sultan-Darmon, Dr G Sultan-Darmon, a dentist made a claim for unlawful deductions from his wages
Published: 06 Sep 2010

Purchase schemes by salary sacrifice are VATable

The European Court of Justice has given a wide ruling that most schemes where employees can take salary sacrifice to receive beneficial vouchers eg retail vouchers attract VAT.

Published: 06 Sep 2010

Complying with the Consumer Protection from Unfair Trading Regulations

As the third article we will look at some further Office of Fair Trading guidance on complying with these Regulations.
Published: 06 Sep 2010

Equality Law How it affects recruitment

The New Equality legislation comes into force on the 1st October 2010 and will affect the way you recruit personnel.
Published: 06 Sep 2010

Complying with the Consumer Protection for Unfair Trading Regulations (CPRs)

As the second article on this new chapter for second hand car dealers we will look at some of the practical steps given in the Office of Fair Trading guidance.
Published: 05 Aug 2010

Health and Safety and Disability

The Health and Safety Executive (HSE) have produced information on their website drawing attention to the fact that 'Health and Safety' is sometimes used as an excuse for not employing someone with a disability when in fact it is unfounded.
Published: 05 Aug 2010

Employment Tribunal 3 month rule effective date of termination

In a recent case (Wedgewood v Minstergate Hull Ltd) an employee was allowed to leave work before his end of employment notice date.  When he started a claim at the Employment Tribunal it had gone more than three months past his last day 'at work'.

Published: 05 Aug 2010

Trade Mark infringement for competitor advertisements appearing from search engine abuse

The European Court of Justice (ECJ) has ruled that companies can legally stop other companies using its trade marks when an internet user cannot easily tell which company is behind the advertisement.
Published: 05 Aug 2010

Complying with the Consumer Protection for Unfair Trading Regulations (CPRs)

As the second article on this new chapter for second hand car dealers we will look at some of the practical steps given in the Office of Fair Trading guidance.
Published: 05 Aug 2010

Government to scrap Default Retirement Age of 65

The Government has announced it will scrap the 65 default retirement age from April 2011 to be phased in over six months until October 2011.

Published: 05 Aug 2010

How heavy can you lien on someone

Vehicle repairers have a very useful tool in their armoury which can allow them, in certain circumstances to withhold the release of a vehicle if payment for the repair is not made.  This in legal jargon is called exercising a lien.
Published: 05 Aug 2010

The loneliness of the long distance internet trade sale

We have recently come across a number of problems when dealers purchase cars on trade websites.

Published: 05 Aug 2010

Second Client wins case against finance company claw backs

A second client has successfully defended a claim by Carlyle Finance seeking claw backs of commission
Published: 16 Jul 2010

Claim for compensation for stigma thrown out at Employment Tribunal

A recent case (Brown v Careham Hall) looked at the possibility of making a claim for an employee finding difficulty in getting new employment as a result of the stigma arising from dismissal.
Published: 16 Jul 2010

OFT Guidance for second hand car dealers

The OFT has published guidance on practical interpretation of:

Published: 16 Jul 2010

Latest Employment Tribunal Statistics

The latest statistics for Employment Tribunals have just been published covering 2009/10.

Published: 16 Jul 2010

Collective Agreements

For some clients there may be collective agreements for employees in place.

Published: 16 Jul 2010

Health and Safety for young people

We are reaching the start of the summer holidays and employers are perhaps looking for/being pressured to employ young people.
Published: 16 Jul 2010

Constructive dismissal by proxy?

In a recent case (Hunter v Timber Components (UK) Ltd a Director of the employer was intimidating and arrogant towards employees in general.
Published: 16 Jul 2010

Police involvement when dealing with misconduct

A recent judgment (Secretary of State fot Justice v Mansfield 2010) indicated that it is reasonable to postpone a disciplinary hearing when police investigations are underway.  In this case it was an issue of allegations of planting drugs and the disciplinary matter related to the same facts 
Published: 08 Jun 2010

Reasonable Adjustments under the Disability Discrimination Act 1995

In a recent case (Chief Constable of South Yorkshire Police v Jelic 2010) it was held that it would be considered a reasonable adjustment to swap the role of a disabled employee with that of another employee.  Secondly the retirement of an employee on medical grounds and reemployment in a new role could be considered a reasonable adjustment.

The findings show that it is necessary to think wide when reviewing such cases, and always seek advice.
 

Published: 08 Jun 2010

World Cup Sickness

With the World Cup starting on this month it is important to be thinking now of how you will be playing the World Cup game.
Published: 08 Jun 2010

World Cup Ticket Scams

While we are on the subject of the World Cup the Office of Fair Trading have issued a warning about scam ticketing websites.  Savvy surfers are urged to check
Published: 08 Jun 2010

PPI complaints a growing concern for businesses

We have seen increasing numbers of clients receiving enquiries from businesses set up to deal with insurance principally PPI (Payment Protection Insurance).  There is no point in shelving the enquiry into a bin and hoping it will go away.
Published: 08 Jun 2010

An even handed approach to all workers during World Cup

It is vital for employers to consider carefully how they apply concessions that they may allow football fans during the world cup. 
Published: 08 Jun 2010

Software suppliers get out clause was unreasonable

We have had a number of complaints regarding management systems purchased by clients which have performed very poorly, leaving the dealer to suffer the pain and anguish of trying to work round it. 

Published: 08 Jun 2010

Conduct Dismissals

A recent case (Salford NHS Trust v Roldan) set down a number of propositions, in cases of dismissal for poor conduct. It is important to bear these in mid when handling such cases.
Published: 08 Jun 2010

Statutory Maternity Pay

This increases form 1st April 2010 form 123.06 to 124.88 per week 

Published: 11 May 2010

Minimum Wage

Following the recent Budget the hourly minimum wage from 1st October 2010 will be:          

- Workers aged 21 or over increased form 5.80 to 5.93 (NB adult rate presently only applies to 22 and over but will decrease from 1st October 2010) 

-          Workers aged 18-20 increased from 4.83 to 4.92

-          Workers aged 16-17 increased from 3.57 to 3.64

Published: 11 May 2010

Beware of a deal carried out on the trust of a customer

A lot of transactions involving a part exchange can leave the dealer high and dry when the part exchange is a 'pig in a poke'. 

Published: 11 May 2010

The Bribery Act

A new piece of legislation due to be enacted is the Bribery Act.  It has wide implications for motor dealers since, in dealing with a relatively high value commodity, it would not be surprising that a few back handers did not happen from time to time from employees who can influence the buying position particularly in areas of fleet sales.
Published: 11 May 2010

Sale of Goods Law Rights

The rights and remedies for consumers under Sale of Goods law is in need of an update since it is confusing both for the customer and the dealer.  Originally, the customer, if they established there was a fault had the choice of either:-
a)     getting a full refund (rejecting the goods) providing they opted for this within, usually, a few weeks of finding the vehicle was faulty when sold. 
Or 
b)     getting compensation which had to be kept to a minimum (mitigated) and, of course, frequently involved the dealer repairing the fault.

Published: 11 May 2010

Sick Note becomes Fit Note

After 6 April 2010 you will see employees providing a statement of Fitness to Work (Fit Notes) instead of the previous sick notes.
Published: 11 May 2010

The Bribery Act

A new piece of legislation due to be enacted is the Bribery Act.  It has wide implications for motor dealers since, in dealing with a relatively high value commodity, it would not be surprising that a few back handers did not happen from time to time from employees who can influence the buying position particularly in areas of fleet sales.
Published: 11 May 2010

Sale of Goods Law Rights

The rights and remedies for consumers under Sale of Goods law is in need of an update since it is confusing both for the customer and the dealer.  Originally, the customer, if they established there was a fault had the choice of either:- 

a)     getting a full refund (rejecting the goods) providing they opted for this within, usually, a few weeks of finding the vehicle was faulty when sold. 
Or
b)     getting compensation which had to be kept to a minimum (mitigated) and, of course, frequently involved the dealer repairing the fault.

Published: 11 May 2010

MOT advisory sheets and other paperwork

Under the Consumer Protection for Unfair Trading Regulations it is an offence to hold back information which could affect a customers decision to buy or not to buy. 
Published: 11 May 2010

Insurance Warranty News Insurance Premium Tax (IPT) on Administration Charges

The Pre-Budget Report (PBR) announced changes to outlaw avoidance of IPT on certain fees charged to individuals separately to insurance as a premium of IPT purposes.

The change follows the loss of a case by HMRC regarding the charging of IPT on insurance administration contracts.


Published: 12 Apr 2010

VAT Registration/De-registration thresholds

Under the recent Budget the VAT registration and de-registration thresholds have been increased to 70,000 and 68,000 respectively. 


Published: 12 Apr 2010

Paternity Leave

Under new regulations, which will have effect in relation to children whose expected week of birth (or matched for adoption) falls on or after 3 April 2011, new rights for fathers have been introduced.

Fathers can take up to 26 weeks (minimum two weeks) additional paternity leave if the mother has returned to work.  If taken during the 39 week Maternity Pay Period it will be paid leave (paid at the same rate as Maternity Pay).  It will not be permitted until 20 weeks after the birth or adoption.  It must end not later than 12 months after the birth/adoption and can only be taken in multiples of one week.


Published: 12 Apr 2010

Holiday v Sickness leave transfer of holiday leave to following year

As we have previously reported there has been a discrepancy between our national law and decisions made in Europe regarding the issues of sick leave and holiday leave coinciding.


Published: 12 Apr 2010

Reset Finance and other lead generator and price comparison sites subject to strict requirements

Some clients may come across finance companies like Reset Finance which offer a large amount of sub prime finance to customers.  Among the products on offer are Payday loans (eg borrow 100 and repay 125 on the next payday) with a 1737% APR, Wonga Case on Demand (eg borrow 100 for 10 days and repay 110) with a 2334% APR.
Published: 08 Mar 2010

Constructive Dismissal Breach of Contract cannot be cured

In a recent case (Buckland v Bournemouth University 2010) it was held that if an employer commits a fundamental breach of contract which could warrant a constructive dismissal then if the problem is put right before the employee leaves, it doesnt cure the problem and a claim for constructive dismissal can still be made. 


Published: 08 Mar 2010

SORN declarations and trade plates for motor dealers

We periodically get queries about the necessity or otherwise to apply for SORN for motor dealers.

Published: 08 Mar 2010

Beware of using Poetic Licence also when describing cars Jail sentence for Cornwall car dealer

A Cornwall motor dealer was jailed for four months (later reduced to two months on appeal) for selling an insurance write off Toyota Yaris described as lovely and safe to a disabled customer.


Published: 08 Mar 2010

BEWARE Lawgistics Top Tip on the description One previous owner

Over the last few months we have had clients reporting customer complaints about the description one previous (or former) owner (or two etc previous owners).  It appears that many motor traders use this description because the Vehicle Registration Document V5 shows one (or two etc) former keeper(s).  The use of the description by the motor trader is dangerous and open to prosecution by Trading Standards.
Published: 08 Mar 2010

Change to 65 as the default retirement age

Latest government information suggests any default retirement retirement age will be abolished, rather than increase it to a higher age. 
Published: 08 Feb 2010

New Paternity Leave Rights

At the moment fathers are entitled to two weeks paid paternity leave.  Draft legislation has now been drawn up to allow mothers to transfer their second six months of maternity leave to the father.

It is expected the new law will apply on or after 3 April 2011.

Published: 08 Feb 2010

Alcohol related problems at work

HSE provide useful information on dealing with alcohol issues at work.

The legal position is that an employer has the general duty to ensure the health, safety and welfare of its employees. By knowingly allowing an employer to carry on working when influenced by alcohol then the employer could be prosecuted.


Published: 08 Feb 2010

Payment in lieu of unused holiday beware what you say

In a recent case (Beijing Ton Reng Tang (UK) Ltd v Wang 2009) the facts were that Ms Wang was told by a Director of her employer that she was entitled to 30 days annual leave but would be paid in lieu of any untaken holiday at the end of her employment. In fact she only took very little of holiday and when she was dismissed she had accrued 131.5 days of untaken leave. 

The tribunal awarded her payment for this amount.

Published: 08 Feb 2010

Fit Notes to replace Sick Notes from 6 April 2010

The Government are to introduce Fit Notes from 6 April 2010 or to give them the correct title a Statement of Fitness for Work
Published: 08 Feb 2010

Work experience the legal position

The previous article considered the position of apprentices but it is not uncommon, again in the motor repair sector   that people are allowed to come in and achieve work experience to establish what the world of work entails and perhaps to see if a particular career is of interest to them.
Published: 08 Feb 2010

Apprenticeships the legal position

It is likely that current Government thinking will see a rise in the number of apprenticeships on offer for suitably qualified young people.

Apprenticeships are normally for a set number of years or until a particular qualification is gained.  They are a popular route to becoming a skilled motor technician/engineer.  An apprentice is classed as an employee and gains all the main legal rights including unfair dismissal claims, paternity/maternity rights and redundancy rights.


Published: 08 Feb 2010

I sold this little part ex

If there was 1 for every time the helpline hears those words we would be very rich.  Another opening phrase is I let him have it with 500 discount or something similar. 
Published: 08 Feb 2010

Slips on ice avoid unnecessary claims

As with all Health and Safety issues the first stage in dealing with potential problems is to assess the risk and then have a system to manage it.
Published: 11 Jan 2010

Employment Tribunal Compensation Limits First Time Drop

From 1st February 2010 the maximum compensatory aware drops from 66,200 to 65,300.  The level of a weeks pay for the basic awarded and redundancy stays at 380.
Published: 11 Jan 2010

Dress Codes short hair for men/long for women is ok

In a recent case (Darsie v Metropolitan Police) a male employee was required to cut shoulder length hair.  He made an Employment Tribunal claim under the Sex Discrimination Act alleging discrimination because women would not be so required.
The appeal tribunal laid down that the legal test was whether, applying contemporary norms as well as the specific needs of the profession, the dress code was seeking an equivalent level of smartness between the sexes.
Published: 11 Jan 2010

Website Advertising the pitfalls

Increasingly we are seeing problems for clients using data processing organisations to load car details on websites.
Published: 11 Jan 2010

Do your employees annoy you!

On hearing problems from clients it is quite obvious that workplace disputes become very personal and heated and the employer loses sight of treating the problem objectively.
Published: 11 Jan 2010

If its not broken dont fix it

Clients can sometimes be their own worst enemies when dealing with customer complaints.  BEFORE you do anything with an alleged problem on a car, check out whether there really is a problem!
Published: 11 Jan 2010

ACAS Code of Practice on Disciplinary Dismissal Procedures

The ACAS Code of Practice sets down guidelines to follow when dealing with disciplinary issues in the workplace.  It is prudent to follow the guidelines to be seen to have dealt with such issues fairly. 

Published: 11 Jan 2010

Long Term Sickness Absence

Sickness absence, whether too frequent short or long term can present a lot of difficulties for employers, particularly small businesses. 

The absence of an employee places a higher proportion of strain on other employees when there are not so many to distribute the extra work around.

Published: 11 Jan 2010

Lawgistics wishes you a very Happy New Year

We wish a happy, healthy and prosperous New Year. 

In this first bulletin of the year we have included a few topical issues that are already giving problems as the year unfolds!  Happy reading and keep warm!


Published: 11 Jan 2010

Lawgistics Christmas Break Closure

We will be taking our break from Christmas Eve to Monday 4 January 2010.  We wish all clients a very Happy Christmas and New Year.
Published: 04 Dec 2009

And a final practical Top Tip

It is not uncommon for those people who want to sue you to wait to issue County Court proceedings just before Christmas because you wont be around to answer the claim in the fixed time laid down. 

If you receive a County Court Claim over the Christmas/New Year break fill in the one sheet document headed up Response Pack/Acknowledgement of Service, take a photocopy and then send it by Recorded Delivery back to the Court where it was issued from by First Class mail and fax (if time is pressing). In this way you will gain time to be able to respond with a more considered Defence to the claim that by rushing something damaging off straightaway. 


Published: 04 Dec 2009

Climate Change - Religion/Belief for the purposes of Discrimination Legislation

In the case of Granger v Nicholson an employee was committed to a belief about man made climate change and the moral requirements associated with that. 
It was held to be a philosophical belief under the Employment Equality (Religion or Belief) Regulations 2003 and therefore a case of discrimination was valid.
Published: 04 Dec 2009

Whistleblowing when is information disclosed?

In a recent case (Cavendish Munro v Geduld), it was questioned when a protected disclosure is made as opposed to merely an allegation.

A protected disclosure must involve the disclosure of facts, eg he failed to record the accident in the accident book as opposed to saying the employer is failing to comply with Health and Safety legislation.


Published: 04 Dec 2009

Disability Discrimination Reasonable Adjustments

The issue of making reasonable adjustments can often be a difficult area when employees are faced with this employment issue. 
Employees do not need to make reasonable adjustments in certain circumstances.

 
In a recent case (DWP v Alam) this point was clarified.  Essentially two questions need to be asked.

 
1.            Was it known that the employee was disabled and that the disability was liable to put him/her at a disadvantage?

 
2.            If not, should the employer have known the situation under 1 above?

If both questions are replied in the negative then there is not duty to make reasonable adjustments.


Published: 04 Dec 2009

Employer fined for failure to have compulsory employers liability insurance

A Cambridgeshire retailer was fined 1000 for failing to have a current Employers Liability Compulsory Insurance certificate.  His employees would not be able to claim on the insurance if they experienced an accident at work.  A copy of the Employers Liability Compulsory Insurance certificate must be produced if requested by a Health and Safety Executive Inspector. 
Published: 04 Dec 2009

Recording monitoring telephone calls/emails

It is not unusual these days when telephoning businesses to be greeted by a legal message about quality control or training purposes.
Published: 04 Dec 2009

Christmas Party Tips

Its that time of year again when employers and employees are balancing having fun and keeping the right side of the law.  Remember if you as an employer, are putting on a Christmas party whether on your premises or at an outside location then you have responsibilities under employment and health and safety laws. 
Published: 04 Dec 2009

Health and Safety Guidance on tackling work related stress

The Health and Safety Executive have issued guidance entitled How to Manage Work Related Stress. 

The guidance explains the confusion by people between pressure and stress.  As is stated, we all experience pressure and it can be beneficial in motivating us to perform at our best.  Stress arises when we experience too much pressure and feel unable to cope.


Published: 02 Nov 2009

Trading Standards gives the Denver Boot to the car clampers

Slightly off the normal track but it has a feel good factor that Birmingham Trading Standards have successfully stopped a number of illegal car clampers in the city.  In one recent operation drivers complained of being clamped after making what they thought was a days parking.  The ticket machine allegedly appears to have been rigged to not register 2 coins and the drivers then had a 315 fine to release the cars towed away. 
Published: 02 Nov 2009

Beware of Internet and Real Price Differences

In a recent Trading Standards prosecution the Devon company Candlemine Shute Ltd and its Director Mark Hiscox were fined 8000 and 4000 respectively with further costs of 3000 (15000 in total!) for misleading customers by drawing them to a website and then topping up the price when they paid.  The additional charges included an Administration Fee. Clients should be aware of the dangers of such policies potentially when you see the penalties imposed and, of course, the potential problems it can lead to with keeping a Consumer Credit Licence and the inevitable bad publicity.
Published: 02 Nov 2009

Security Tip Removal of Directors Residential Address from Public Record

We have recently had an incident where a slightly deranged complainant visited a clients home having found the detail from Companies House.  For anyone becoming a Director from 1st October the forms will allow a service address and a usual residential address.  Whilst the same is permitted, of course, the residential address can only be accessed by Companies House.
Existing Directors can apply to remove their address from public record.
Published: 02 Nov 2009

Choosing a Company Name

There are new rules on what name you can choose for company.  The Business Names Act 1985 has been replaced by the Company and Business Names (Miscellaneous Provisions) Regulations 2009.
Published: 02 Nov 2009

Car Valeter Employment Contracts sham or not?

In the recent case (Autoclenz v Belcher) the question of the status of employee/worker/self employed was under review. 

The case highlighted a number of issues.  

Published: 02 Nov 2009

Security Tip Removal of Directors Residential Address from Public Record

We have recently had an incident where a slightly deranged complainant visited a clients home having found the detail from Companies House.  For anyone becoming a Director from 1st October the forms will allow a service address and a usual residential address.  Whilst the same is permitted, of course, the residential address can only be accessed by Companies House.

Existing Directors can apply to remove their address from public record.

Published: 02 Nov 2009

Choosing a Company Name

There are new rules on what name you can choose for company.  The Business Names Act 1985 has been replaced by the Company and Business Names (Miscellaneous Provisions) Regulations 2009.
Published: 02 Nov 2009

Car Valeter Employment Contracts sham or not?

In the recent case (Autoclenz v Belcher) the question of the status of employee/worker/self employed was under review. 


Published: 02 Nov 2009

Good news for business with delay of implementation of Agency Workers Directive

The Agency Workers Directive (AWD) which was due to be introduced as early as next Spring has been delayed to October 2011 to reduce the cost of business regulation at this difficult economic time.  The AWD will give temporary staff the same rights as permanent staff after 12 weeks work, including pay, working hours and holidays.  As businesses try to recover it is anticipated that many temporary posts will be employed to minimise the risk of taking on permanent staff too soon.


Published: 02 Nov 2009

Claims for interest on overpaid VAT on Demonstrator cars restricted

A recent ruling by the Upper Tribunal (a special higher tribunal in VAT cases) has restricted claims by dealers for interest lost in treating demonstrators

as non qualifying vehicles to simple interest as opposed to compound interest.  The VAT overpayments arose when demonstrator vehicles were sold under the margin scheme 


Published: 07 Oct 2009

Copyright Claims Warning over use of agencies photos

Beware if you are using photographic images in your marketing material.

Getty Images noted a removals firm were using a photograph that they had a contract to market for a photographer.  They requested a fee which went unpaid and in court were awarded almost 2000 plus legal costs.  


Published: 07 Oct 2009

Online Distance Selling Charges for Use generally unlawful

In a recent ruling under German law a consumer returned a laptop after nine months when the display failed (NB German law allows this extra timescale).  The retailer tried to charge for use of the laptop but this was not allowed.
Under UK law, if the online retailer does not give the required information then the right of cancellation can extend for three months and seven days.  Remember this right is cancellation for any reason and so a caring customer could effectively receive this period as free car hire.  It draws into focus the necessity for online retailers to get their act together in putting the right term and conditions for distance sales on their website.
 
Published: 07 Oct 2009

Sick leave does not count as holiday leave

In a recent case (Francisco Vicente Pereda v Madrid Movilidad SA) it was decided that if someone falls ill and decides not to take annual leave during a period of illness he/she must be granted equivalent replacement paid holiday leave. The philosophy is that a worker should be entitled to a period of rest, relaxation and leisure, and sick leave is to allow recovery from illness.  The principle applies whether the sickness occurs before or during the period of annual leave.
Published: 07 Oct 2009

Default Retirement Age 65 FOR NOW!

There was a recent further round in the challenge by Age UK that the governments default retirement age of 65 should be scrapped. 

It was only because the government announced it would review the particular retirement age in early 2010 that it was granted the current age was lawful

Published: 07 Oct 2009

Increase in compensation for injury to feelings in discrimination cases

A previous appeal case had set levels for compensation to cover injury to feelings when dealing with employment discrimination cases.  (Vento v Chief Constable of West Yorkshire Police 2005). 

Published: 07 Oct 2009

Health and Safety when is equipment covered by the Provision and Use of Work Equipment Regulations

It is a requirement under Health and Safety law to provide and maintain the equipment necessary for an employee to carry out his work. 
Published: 02 Oct 2009

Car retailer refused permission to be licensed for debt collection

The Office of Fair Trading has refused James Davenport of Davenport Motors, Manchester an extension of his credit brokerage licence to cover debt collection. 
Published: 10 Sep 2009

Increase in Minimum Wage and redundancy payments

From 1st October 2009 the National Minimum Wage for those aged 22 and above will be increased to 5.80 and 4.83 for those 18-21. The limit on a weeks pay for Employment Tribunal awards and redundancy increases to 380.


Published: 10 Sep 2009

Important changes for disclosure of Directors residential addresses

From 1st October 2009 there are several changes to the Companies Act 2006.  One of these is the requirement for a Director to have both a service address (for service of documents) and a residential address.  On 1st October 2009 unless advised otherwise, the residential address will be the Directors service address. 
Published: 10 Sep 2009

Increased restriction on employment of skilled foreign workers

The Migration Advisory Committee made a number of recommendations to make it more difficult for skilled foreign workers to get UK jobs under the points based system.
Published: 10 Sep 2009

Swine Flu revisited tips

The press has been fairly silent on Swine Flu for some time now but employers should remember that there is a prediction that it will be back in the Autumn. It was predicted that at the peak, up to 75% of the workforce may be absent from work.

Published: 10 Sep 2009

Motor Trade case law - Satisfactory quality

One of the biggest areas of enquire to the Helpline is in relation to this chestnut of a question.  And the answer?  It depends .
Published: 10 Sep 2009

Health and Safety Law Poster

Clients are reminded that a new version of the Health and Safety poster (required under Health and Safety Information for Employees Regulations (HSIER)) is available from HSE.  The existing versions are still acceptable until 5 April 2014.  

Published: 10 Sep 2009

Latest ACAS Report

The latest ACAS report for 2008/2009 has been published. 


Published: 10 Sep 2009

Beware of being helpful! Tips to avoid the pitfalls

It is not uncommon for clients to bring through cases where being helpful has jeopardised a case that could have been defended.

Published: 10 Sep 2009

Ex-employee passing on confidential information

In all avenues of business the protection of confidential information can be a problem particularly when an employee becomes dissatisfied with his work.
Published: 10 Sep 2009

Warranties/Sale of Goods Rights - tips and myths

Following on from the previous article there is still a lot of misconceptions about warranties and how they fit in the Sale of Goods rights.

Published: 03 Aug 2009

Trade Sales - tips and myths

Clients frequently question the validity of buyers complaints and it is not uncommon to hear that the buyer bought the car on Trade Sale terms so what are Trade Sale terms?
Published: 03 Aug 2009

Changes to First Aid at Work

From 1 October 2009 there will be new training courses for First Aid provision by employers. At the moment there are just two approved courses, the initial First Aid at work course (24 hours) and the refresher course (12 hours) required each three years. 
Published: 24 Jul 2009

Shareholder/Employee id is compatible under Employment Law?

The Court of Appeal has recently given rulings that are of major interest to business shareholders who are also employees when a business becomes insolvent and the person then makes a claim under The National Insurance Fund for redundancy pay, notice pay and holiday pay.  The case came before the Court of Appeal under the name Secretary for Sate for Business, Enterprise and Regulatory Reform v Newfeld and Howe. 
Published: 24 Jul 2009

Part Time Worker Discrimination. Who is the comparator?

In the recent case of Carl v University of Sheffield where a claim for discrimination was brought for less favourable treatment for a part time worker (Part Time Workers (Preventions of Less Favourable Treatment) Regulations) it was held that an actual comparator must be identified to give a measure of less favourable treatment.  The use of hypothetical comparator was not acceptable.
The case also made it clear that part time workers do not have to be the sole cause of the discrimination but must be the effective and predominant cause.
Published: 24 Jul 2009

Discrimination what is a Philosophical Belief?

The Employment Equality (Religion or Belief) regulations 2003 now prohibit discrimination on the grounds of religion, or belief.  In a recent case...


Published: 24 Jul 2009

Comprehensive Advertising Smell like/Look Like?

In a recent case involving perfumes (LOreal SA and others v Bellive NV and others Case C-487/07) it was held that where a supplier used comparison lists to be supplied to retailers which gave the name of the genuine perfume that the cheaper product was imitating then this was unlawful comparative advertising. 


Published: 06 Jul 2009

Rise in National Minimum Wage from 1st October 2009

The Government has announced that the following increases in National Minimum Wage will take place on 1st October 2009.
Published: 06 Jul 2009

Redundancy Pay Limit to rise in October 2009

It has been announced by the Government that the weekly limit of 350 will be increased to 380 on 1st October 2009.  So based on the maximum allowance of 1 weeks for 20 years, the maximum redundancy payment will rise to 11,400. 
The Government further announced that the payment will not rise again in February 2010 as is normal but will remain at 380 until February 2011. 


Published: 06 Jul 2009

Holiday Pay is accrued while on Sick Leave

The final judgement at the House of Lords in Stringer v HMRC ruled that employees still accrue holiday pay even when on sick leave. 

Published: 06 Jul 2009

Compromise Agreements Employment Tribunal Extension of Time Limits

In a recent case of Eagles v Pugged Systems Ltd it was decided that an Employment Tribunal Claimant would get an automatic extension of time to start a claim if, at the three month point, there was reasonably believed to be an ongoing process involving negotiations and legal advice over a compromise agreement.  It did not matter that an actual appeal or formal procedure was not under way. 


Published: 06 Jul 2009

Sun-Day Trading Tips

With the current spell of hot weather it is important to understand your employer duties under Health and Safety laws.    There are limits on how cold an office etc can be set down in legislation but curiously not in respect of upper temperatures.


Published: 06 Jul 2009

Tesco fined over selling short measure fuel

Caerphilly Trading Standards prosecuted Tesco for use of fuel pumps at the Ystrad Mynach store which were delivering short measure fuel after an incorrect modification to chip and pin readers.


Published: 05 Jun 2009

Employers failure to pay a tribunal award could be victimisation

In a recent case (Rank Nemo (DMS) Ltd v Coutinho 20/05/09 Court of Appeal Civil)) it was held that an ex-employee could begin a claim for victimisation when the ex-employer failed to pay an award of 72,500 for race discrimination and TUPE unfair dismissal.  


Published: 05 Jun 2009

Employer receives costs back when employee lies at Tribunal

In the ruling in Daleside Nursing Home v Mrs C Matthew (EAT 18/02/09) the Claimant Mrs Matthew was directed to pay substantial costs to the employer after evidence showed she had fabricated a lie including being called a black bitch by her manager. 


Published: 05 Jun 2009

What? Used Car Sales not top of the OFT problem lists?

It is pleasing to see that sectors other than second hand vehicles have attracted the most action under the new Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
Published: 05 Jun 2009

Google High Court decision on trade marks

Google users in the UK and Ireland are at a disadvantage over Googles policy on using other peoples trade marks as keywords to draw up competitors products.
Published: 05 Jun 2009

eBay High Court decision on trade marks

Many dealers now use eBay to sell vehicles.
Published: 05 Jun 2009

Raising grievances for some but not all incidents

In a recent case (Parsons v Butterworth Estates EAT 28.04.09) it was held that where someone raised a formal grievance for some but not all complaints then a constructive dismissal claim could proceed providing the complaints are substantial enough to support a constructive dismissal claim.


Published: 05 Jun 2009

First Corporate Manslaughter Prosecution

Although still to reach Court a prosecution by HSE has been mounted against Cotswold Geotechnical Services Ltd under the Corporate Manslaughter and Corporate Homicide Act 2007. 
Published: 05 Jun 2009

How far can you lien?

A somewhat curious feature of the law is the limited right to create a lien ie a legal right to retain goods belonging to another. 

Published: 05 Jun 2009

Are employers using drug testing to avoid redundancy payments and cut costs?


In a recent article in the Guardian (Diane Taylor 18/05/09) it was revealed from a charity organisation called Release (which focuses on drugs, law and human rights) they had received a four fold increase in calls about workplace drug testing during the first quarter of 2009 compared with last year.


Published: 05 Jun 2009

New Fit Note unveiled by Department for Work and Pensions

In its drive to get rid of Sick Note Culture and help people stay in employment rather than drift into long-term sickness, the new Fit Note has been launched. 

Published: 05 Jun 2009

Is there no safe haven for offshore bank accounts

(Jeff Millington of BTG Tax has kindly donated an article on this subject) The last six months has seen a steady build up in pressure against offshore banking secrecy and tax havens.


Published: 28 Apr 2009

Extension of Flexible Working Regulations

Employees whose children are under 16 year sold (previously 6) or disabled children under 18 years old can request flexible working hours. 

Published: 27 Apr 2009

New Statutory Payments from 5 April 2009

The rate for Statutory Sick Pay (SSP) rose to 123.06 per week...

Published: 27 Apr 2009

Controlling Shareholders can be considered employees

In a recent case of BERR v Newfield (April 2009) it was decided that a controlling shareholder can be considered an employee providing there is no evidence of the contract of employment being a mere sham.


Published: 27 Apr 2009

County Court pleadings cannot be considered a grievance

In a recent case Burns v Killgerm (February 2009 Employment Appeal Tribunal) an employee made a counterclaim in a County Court case brought by her employer for breach of contract...

Published: 27 Apr 2009

Irish Car Dealer in a pricing fix

Under competition law it is illegal to enter an agreement to agree prices for goods and an Irish Citroen dealer was fined 145000 for setting minimum prices with other local dealers in the same association.


Published: 27 Apr 2009

Business to Business or comparative advertising caught by the Business Protection for Misleading Marketing Regulations 2008 (BPRs)

Business to Business or comparative advertising caught by the Business Protection for Misleading Marketing Regulations 2008 (BPRs)  If a business advertises products to other businesses or if in advertising to another business or consumer comparisons are made identifying a competitor or products offered by a competitor then the Regulations will generally apply. 
Published: 27 Apr 2009

Beware if Trading Standards get a crush on you

Gloucester Trading Standards followed up a complaint against a business called Landranger 4x4 which supplied a Land Rover type vehicle to a customer which had been converted into a Bobtail type off road vehicle with roll cage and oversize tyres. 
Published: 27 Apr 2009

Dismissal Procedure a helpful decision for employers

In a recent case (Smith Knight Fay v Mc Coy 2009) an employer had announced an intention to dismiss before issuing the Step 1 letter and holding the Step 2 meeting. 
Published: 26 Mar 2009

Top Tips to help prevent card not present fraud

In the last bulletin the article on credit card fraud provided a lot of interest. 

Published: 26 Mar 2009

Customer complains to Financial Ombudsman Service Who pays?

You do even if the complaint is not proven!
Published: 26 Mar 2009

New P45s

It is timely to remind clients that the HMRC have introduced new P45 forms which must be used after 5 April 2009. 

Published: 26 Mar 2009

Forced retirement at age 65 is given thumbs up in principal

In a recent judgement it was held by the European Court of Justice that a retirement age of 65 is in theory justifiable providing it is a proportionate means of achieving a legitimate end.
Published: 26 Mar 2009

Block Exemption the future of Independent Garages

Independent service and repair outlets are aware that since 2003 the Block Exemption legislation has permitted independent garages to service vehicles and maintain the validity of manufacturers warranties. 
Published: 26 Mar 2009

Requirements for a Stress Policy

Whilst our resilience to stress at work varies greatly from person to person as a Health and Safety issue it is extremely important to firstly acknowledge there will most likely be sufferers of stress in any organisation and secondly to take steps to tackle the issues giving rise to stress.

Published: 09 Mar 2009

VAT Tax Queries

Lawgistics are able to support with VAT queries.  VATease, our previous contacts, have now joined with BTG Tax.  By using Lawgistics service, clients can get access to these experts who will give free initial advice.

Published: 08 Mar 2009

Even hands free phones wont exclude legal liability

A director of a business consultancy company Insights was convicted of a charge of careless driving and banned for driving for 12 months and fined 2,000 after being found not guilty of causing death by dangerous driving involving use of a hands free phone.
Published: 08 Mar 2009

Trading Standards prosecutes London Trader, motor dealer for supplying an unsafe tyre

The motor trader A1 Autocentres Ltd was fined 2,000 plus costs for supplying an unsafe tyre following a survey of tyre repairs to ensure they were compliant with BS AU 159f:1997 

Published: 08 Mar 2009

Credit Card Scams Tips to avoid being ripped off

We are receiving quite a number of problems where car retailers are finding rogues are trying to purchase goods over the telephone using a Cardholder Not Present CNP transaction.  Trust Lawgistics THIS PRACTICE IS HIGHLY RISKY.

Published: 08 Mar 2009

Be Scam Savvy TOP TIPS

The OFT have issued some evidence for businesses to avoid being victims of scams. 

Published: 08 Mar 2009

Warning for Distance Selling E-Traders

An Advocate General of the European Court of Justice recently ruled that a seller of goods under the Distance Selling Regulations cannot reclaim anything for the benefit a person has received from the use of a product even if it is several months after supply when the goods are returned.  
Published: 08 Mar 2009

OFT prosecutes first criminal offence under new Consumer Protection for Unfair Trading Regulations

The Office of Fair Trading carried out raids on premises in Bristol as part of an investigation into an illegal Pyramid Selling Scheme.
Published: 08 Mar 2009

Failure to comply with Health and Safety Improvement Notice

From time to time the Health and Safety Executive receive anonymous tip offs that breaches of Health and Safety requirements are occurring. 

Published: 08 Mar 2009

Harassment under Race Discrimination Legislation

Our perception of harassment may be clouded by other areas of law where the idea of harassment involves repetitive actions by the perpetrator. 

Published: 08 Mar 2009

Warning: Shame on you if the employment contract is a sham

In a recent case (Protectacoat Firthglow Ltd v Szilogy) it was held that an agreement, which on the face of it was suggesting a person was a partner rather than an employee, was in fact a sham.  In reality the person was an employee and should have employee rights.
Published: 08 Mar 2009

Invitation to Dismissal meeting must state the employer is contemplating a dismissal

In a recent case it was held that the Step 1 dismissal letter must state the employer is contemplating dismissal.  If not, then the dismissal will be considered unfair.
Published: 08 Mar 2009

Transition of Disciplinary and Grievance Procedures when will it take effect in practical terms

Regulations governing the transition from the old to the new system set out a timetable for employers and employees to understand when the new or old rules apply. 
Published: 08 Mar 2009

Disciplinary and Grievance Procedures as from 6 April 2009.

The new semi statutory Disciplinary and Grievance procedures are to commence from 6 April 2009.
Published: 08 Mar 2009

Paper VAT Returns to end

The HMRC intends to require online submission of VAT returns from 1 April 2010 for any newly registered  business and those with a turnover exceeding 100,000. 
Published: 08 Mar 2009

Computer viruses no petrol bugs

Some clients may also operate petrol filling stations...
Published: 30 Jan 2009

Non gay man taunted about being gay will still be considered unlawful

In a recent case Stephen English v Thomas Sanderson Ltd 2008 the employer was found to have acted unlawfully in subjecting an employee Mr English to taunts from fellow employees about being gay even though he was not gay. 
Published: 30 Jan 2009

VAT charges from fall in used car values

In a recent article by Trevor Jones Chartered Accountants, a VAT issue was highlighted for car deals involving part exchanges with negative equity customers. 

Published: 30 Jan 2009

Roller shutter doors HSE Best Practice Guide

As a result of investigating a number of serious incidents including deaths the HSE have endorsed a publication by the Door and Hardware Federation on the Best Practice for the Methods of Restraining Roller Shutter Door Barrels.

Published: 30 Jan 2009

Skin exposure risks at work

The HSE have published new guidance on managing skin exposure risks at work. 

Published: 30 Jan 2009

Points based system (PBS) for migrant workers suffering delays

Employers wishing to have foreign staff covered by Tiers 2 and 5 of the new points based system must have been approved as sponsors (Tier 2 is skilled workers with a job offer to fill gaps in the UK labour force and Tier 5 is youth mobility and temporary workers purely for non economic objectives). 
Published: 30 Jan 2009

Holiday entitlement is earned while workers are off sick

In a recent European Court of Justice ruling it was held holiday entitlement does accrue while an employee is on sick leave and they must be allowed to carry it over the next leave year if they cannot take it in the current year. 
Published: 30 Jan 2009

New Consumer Protection from Unfair Trading Regulations 2008 (CPRs)

- need more access to direct action from consumers.
Published: 30 Jan 2009

Change to law on negligence check contract terms

New EU rules (called Rome II) came into effect on 11 January 2009 which may have implications for cases involving negligence and other non contractual issues, called Torts. 
Published: 30 Jan 2009

Redundancy

Many employers and employees are looking constructively at how to ride the recession without losing employment in total.
Published: 30 Jan 2009

When an Inspector calls

Jeff Millington of BTG Tax advises that under new legislation coming into force from the 1 April 2009, officers of HMRC will have a right of entry into any premises or part of a premise where the taxpayer either conducts his or her trade or retains records of his or her trade.

Published: 30 Jan 2009

New Consumer Protection from Unfair Trading Regulations 2008 (CPRs)

- need more access to direct action from consumers.
Published: 30 Jan 2009

HSE Guidance on Vehicle Spray Bottles

The HSE have published new guidelines on the use of spray bottles, their commissioning and checking/maintenance.

Published: 12 Jan 2009

When can a car be rejected?

Although only a County Court decision the case of Bowes v J Richardson and Son Ltd (Rugby County Court 28 January 2004) is of interest
in showing motor retailers how to deal with such cases and the pitfalls.
Published: 12 Jan 2009

Not Age Discrimination if requirement for qualification

In the case of Chief Constable of West Yorkshire Police and others v Homer (2008) a 61 year old employee was rejected for the top salary grade because he didnt have a law degree. 
Published: 12 Jan 2009

Length of service criteria discriminatory BUT could be objectively justified

In the case of Rolls Royce plc v Unite the Union (2008) the Union made a claim for indirect age discrimination against young employees by Rolls Royce where the criteria for redundancy included a points scoring system for length of service. 
Published: 12 Jan 2009

Wearing of religious jewellery discrimination

In the case of Eweida v British Airways plc (2008) BA insisted that a cross worn by an employee dealing with customers should be removed or concealed in line with a policy of no visible jewellery. 
Published: 12 Jan 2009

Five top tips for managing sickness absence

With the widespread viral problems hitting a large number of people there are some important issues to tackle so that your employees know where they stand in regard to sickness absence.
Published: 12 Jan 2009

Lawgistics wishes you a very Happy New Year

We wish all readers of this bulletin an upturn in fortunes in 2009 and a speedy recovery if you are feeling under the weather with the various viruses circulating at the moment.  If there are particular legal queries you want more on then please let us know. 
Published: 12 Jan 2009

Rest breaks

In a recent case (Commissionaires Management v Hughes) the law on rest breaks was clarified.

Published: 08 Dec 2008

12-week rule for agency workers upheld

The agency workers EC Directive gives UK temporary workers equal rights to permanent staff after 12 weeks with an employer.  All other member states are required to do so from the first day of employment


Published: 08 Dec 2008

Claims for personal injury arising from stress

In a recent appeal case (Dickens v O2plc) some interesting points were made which should act as guidance for employees when dealing with potential stress cases. 
A previous case (Hatton v Sutherland) appeared to present some difficulties for employee claimants but this case suggests the difficulties may not be significant in proving the case. 

Published: 08 Dec 2008

Important changes in Vehicle Tax refunds and VAT implications

New legislation from 1 January 2009 will affect many motor dealers who have previously bought part exchange vehicles with a RFL tax disc. 

Published: 08 Dec 2008

Consumer Credit Licence

Many clients are dealing with Consumer Credit Licence renewals and are struggling to complete the new layers of documentation and new levels of fees.  Unlike the old system you cant simply apply for an all embracing licence for all categories now but must itemise separately the categories you require.
Published: 08 Dec 2008

Important new legislation selling at a customers home or workplace

New legislation called The Cancellation of Contracts Made in a Consumers Home or Place of Work etc Regulations 2008 has come into effect from October 2008. 
Published: 08 Dec 2008

Holding Money as Stakeholder or Trustee

In these financially turbulent times you need to review how you hold your money, particularly with regard to warranty claim pots.
 
Published: 08 Dec 2008

Health and Safety Reporting Injuries RIDDOR

There has been a slight change in the requirements for reporting deaths, major injuries/over three day injuries to HSE. 
Published: 08 Dec 2008

Economy downturn redundancies or is there an alternative

Our Helpline has dealt with many enquiries, as was expected, regarding redundancies.
Published: 08 Dec 2008

Unexpected dependent care

In a recent case (Royal Bank of Scotland plc v Harrison) a mother had to take a day off work when she was unable to make alternative childcare arrangements. 

Published: 08 Dec 2008

The Principals of the new ACAS Code of Practice (in draft)

The Code is aimed at disciplinary and grievance situations. Disciplinary situations include misconduct and/or poor performance. 

Published: 08 Dec 2008

New ACAS Code for Disciplinary and Grievance Procedures

It is planned that on 6 April 2009 a new framework for dispute resolution in the workplace will be introduced via the Employment Act 2008.

Published: 08 Dec 2008

Health and Safety the dangers of petrol and diesel vapour

As the weather is turning cold, space heaters are being wheeled out.
Published: 08 Dec 2008

Penalty for money laundering by motor dealer

A high quality motor dealer recently appealed a decision by HMRC to impose a 5,000 (later reduced to 1,000) penalty for failing to register as a high volume dealer (ie someone carrying out cash transactions of 15,000 euros or more). 
Published: 08 Dec 2008

HMRC (VAT) Officer tries to exceed the three year assessment cap

Our colleagues at BTG-VATEase recently advised a client who was being encouraged to pay underpaid VAT that was over three years old.  
Published: 08 Dec 2008

Increase in compensation limits for Employment Tribunal cases

After 1st February 2009 the following increases apply

Published: 08 Dec 2008

Five other top tips to save the hard earned cash

Follow the below tips to ensure you save your money...
Published: 08 Dec 2008

Save your cash be Trading Standards Savvy

News on the street is that service and repair garages are doing ok, all car sales are down and some are so far down that drastic cuts in labour or closure altogether is a serious possibility. 
Published: 08 Dec 2008

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