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.
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.
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
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).
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.
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.
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.
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.
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.
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.
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.
It was announced last week, that the Government plan to extend the new
‘Shared Parental Leave’ Rights, to
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
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
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
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!
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.
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.
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
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.
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.
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.
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.
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.
Bangers for BEN2015. Please Help
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.