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.
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.
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.
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.
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.
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
Drink Driving – the morning after the night before
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.
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.
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.
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.”
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.
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.
‘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.
Lawgistics Christmas Break Closure 2015
Our office will be closed from 1.00pm on 24 December 2015, until Monday 4th January 2016.
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.
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.
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.
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).
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.
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.
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.
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.
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?
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.
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