Legal Updates

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Employees not paid on time?

Payroll has a glitch, staff receive their wage one day late. It doesn’t happen often but if it does happen it can be chaos. But, what happens if an employee states they have incurred bank charges as a result of the delay and wants you to reimburse them for the cost.
Published: 05 Sep 2017

Pulling a sickie can lead to dismissal

The case of Metroline West v Ajaj 2015 was heard before the Employment Appeal Tribunal. A (Ajaj) was employed by Metroline (M) as a bus driver. In Feb 2014 he reported to have slipped on water in the toilets and suffered a injury. Whilst A was signed off sick, M was concerned about the authenticity of the alleged injuries. M therefore arrange for covert surveillance of A when he attended one of the sites for a sickness absence interview.
Published: 05 Sep 2017

Invoice the correct way

When providing an invoice, there are certain requirements that need to be included. First, the word ‘invoice’ must be stated on the document. An invoice number is required which needs to be a unique identification number as well as the name of the company, address and contact information. The customer’s details are also required, their full name and their address.
Published: 25 Aug 2017

Right to work checks

This is not a brief question that we can just answer sufficiently in a couple of para’s. It’s a complex matter and the variation of the right to work  in the UK has a number of elements to look at to ensure the applicant does actually have a right. The documentation ranges from each category of applicant so really, the employer should check the table provided on the government website.

Published: 25 Jul 2017

Mental Health

There is now becoming more of an awareness regarding mental health, in the UK mental health problems cost employers £30 billion a year. This is through the loss of production, recruitment and absence. Statistics state one in four will suffer from mental health problems during our lives.
Published: 25 Jul 2017

Employee or self employed?

Employee or self employed?

Published: 12 Jul 2017

Explosive stuff

Workshops contain a number of flammable materials but if you store fuel on your premises as well, this is also a risk. So when an employee causes an explosion or an accident which has created a dangerous situation on the premises it needs to be dealt with appropriately. 

Published: 21 Jun 2017

Employers ‘named and shamed’

The government has published a list of over 350 employers who have underpaid their employees the national minimum wage (NMW) or national living wage. The scheme was introduced in January 2011.
Published: 04 May 2017

Fire Training Responsibilities

It is important that the basic fire instructions are carried out, just going over this the once when the employee starts is not sufficient. 

Published: 04 May 2017

Storing Petrol Cans

If you store cans of petrol on your premises then please be alert as to the possible dangers and ensure steps are taken to reduce these risks.
Published: 20 Apr 2017

Failure to provide evidence or settle the matter leaves our client winning their case…

Our client was the Defendant in the matter, the consumer quickly issued proceedings after believing there was a major fault with the vehicle. No evidence was provided in reference to the major fault. The consumer issued proceedings without allowing our client to inspect the vehicle nor provide a remedy.
Published: 06 Apr 2017

Gender pay gap reporting

The consultation for Gender Pay Gap reporting ceased in March 2016 and the legislation The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 is to be implemented 06 April 2017. The legislation will only be applicable to employers with 250 or more employees. ACAS have published the guidelines:
Published: 22 Mar 2017

Finance company ordered to pay client's costs

Another client recently won a case brought against them by a finance company. It is now becoming more frequent that a finance company is quick to allow the consumer to reject the vehicle after months of driving a vehicle.
Published: 09 Mar 2017

Make sure all's good before you let it go

If you’re a client then you will know how much the team (Legal Advisors) go on about carrying out due diligence checks before a vehicle is sold. If you have received a complaint in regards to a fault with a vehicle, then its highly likely some of the first questions you will be asked by us is what checks did you carry out before you sold the vehicle. Did the vehicle have a new MOT, did it have a PDI (pre delivery inspection) carried out and did It have any other relevant checks such as a RAC or AA inspection.
Published: 23 Feb 2017

Calling time - full or part

Both part time and full time workers who are doing the same or similar work need to be treated the same. As an employer you cannot treat one less favourably than the other.
Published: 23 Feb 2017

Work Experience

The company had the student on a placement within the warehouse. The student was allowed to help with some of the deliveries, in particular he was asked to hold a large electrical panel steady on a pallet. He was unable to do so and the pallet fell and trapped him against the forks of a fork lift truck.
Published: 23 Feb 2017

Slippy path to being sued…

Its winter and we are all feeling the cold. During such cold weather, when there is a risk of icy conditions remember to try and limit the risk of slipping for employees or visitors to your site.
Published: 09 Feb 2017

250+ Employees…Equality

The legislation is applicable to employers with 250 or more employees. They will be required to publish the figures on the company’s website and produce the evidence of the company’s compliance each year to the Government. A designated website by the Secretary of State will also be available to upload all gender pay reports which includes the name and job title of the person who signed the accompanying statement.
Published: 29 Jan 2017

How to handle a flexible working request

Every employee who has 26 weeks of continuous service has a statutory right to make a request for flexible working. Flexible working request is required to change the working hours or work arrangements. The employee does not need to have childcare or family responsibilities to be able to make this request. The request could be permanent or for a fixed period of time. Most requests are related to childcare, travel time or work life balance. Only one request in any 12 month period is allowed.
Published: 26 Jan 2017

Named keeper is different from the seller?

Sometimes the seller of a vehicle may be a different person than the registered keeper, what happens then.

Published: 13 Jan 2017

Another success for a Lawgistics Client

A Lawgistics client sold a vehicle which was over 10 years old and had covered almost 100,000 miles. It was therefore priced accordingly for £7,000.00 for a vehicle of this calibre.
Published: 12 Jan 2017

Coming up in April 2017…

If a company is not paying the minimum, HMRC officers have the authority to carry out checks at any time and request to see payment records. They can also investigate employers if a worker complains directly to them. If the HMRC find that the employer is not paying the minimum, then they can send a notice for the arrears owed as well as a fine. If this is still refused by the employer, HMRC can issue proceedings on behalf of the employee.
Published: 12 Jan 2017

Disciplinary when stress, suspension and a footballer are involved

For employees a disciplinary investigation is often thought to be a worrying process. They may feel the company believe their actions amount to misconduct or feel their job is at risk. If the company feels it is a strong case against the employee, it will want to proceed as quickly as possible but if an employee feels a outcome has already been determined, there is little incentive to engage with the process.
Published: 08 Dec 2016

Agency Workers

If you employ the use of agency workers then you will still have a responsibility for their safety but the agencies are obliged to assist.Once the worker is on your site, you must provide the induction training. Make it clear to the worker which tasks they are authorised to carry out and supervise them to ensure they follow the guidelines/rules.
Published: 08 Dec 2016

Is probation any use?

Some employers assume all their employee’s are on a probationary period when they first start the new role. We advise if you intend the new start to be on a probationary period, then this must be expressly written, ideally in the job offer and the contract of employment.
Published: 08 Dec 2016

Another Lawgistics client has a County Court claim against them dismissed!

Whilst there is no evidence to suggest the paintwork was defective or fault at the time of purchase or had been caused from the previous smart repair the seller offered to incur the cost for the repair to be carried out by a company in the interest of maintaining good relations as a gesture of goodwill. 

Published: 24 Nov 2016

Sick whilst on holiday

If an employee is sick whilst on annual leave, have they still used their holiday entitlement or are they automatically still owed the entitlement? From previous cases, it is true employees can have this right but it is not an automatic one. Currently, the law states if an employee falls sick or is injured whilst on annual leave, they are entitled to discontinue their annual leave and convert it to absence due to sickness.
Published: 10 Nov 2016

Benefits during maternity leave?

A pregnant woman is entitled up to 52 weeks of maternity leave, this is applicable from the first day of her employment, it is irrelevant the hours of work and length of service. But what about any other contractual benefits?
Published: 10 Nov 2016

Instant dismissal

In cases where you feel the actions are gross misconduct such as fighting, theft or fraud in the workplace, the advice would be to suspend the employee on full pay whilst you carry out a investigation and gather evidence! Contrary to popular belief, there is no situation that gives you the automatic right to sack an employee on the spot. If you did so, the employee may be able to claim unfair dismissal.

Published: 28 Oct 2016

Driver Safety

Driving is covered by the Health and Safety at Work Act 1974 which means as an employer, you must do what is reasonably practical to protect your employees and others from harm. This will include carrying out risk assessments of all work activities and implement risk control measures which the assessment has been shown to be necessary.
Published: 28 Oct 2016

WeRe Bank update

A case surrounding the use of cheques from WeRe bank was recently reviewed in the case of Evans v Santander UK Central London CC 2016.
Published: 30 Sep 2016

National Minimum Wage rising – October 2016!

From 1st October, the National Minimum Wage will rise so ensure your employee’s are being paid the correct amount.
Published: 30 Sep 2016

Winning

Another successful Defence found our client leaving the Court room a winner.
Published: 15 Sep 2016

Do as the Court tells you

A Claimant (consumer) issued proceedings against our client, although  we were advising and assisting our client before proceedings were issued, the Claimant was not happy with the answer they had received, so they issued further proceedings which we again assisted with defending the claim.
Published: 15 Sep 2016

Job offer no longer

You’ve advertised for a job, an interview has been undertaken and you have offered the job but something has arisen and you now wish to withdraw the offer, can you do this?
Published: 31 Aug 2016

Change to employment contracts

As an employer, you may wish to alter the employment contracts that you have in place, perhaps a change in opening hours/days. This is not as straight forward as you would perhaps like it to be, as it is a contract between you as an employer/the company and the employee both parties should agree the change
Published: 31 Aug 2016

Lawgistics client wins at County Court

We had been working on a case for some time and recently it was time for the hearing. The Claimant purchased the vehicle and reported some minor faults within 30 days after purchase. Initially a rejection was sought, however our client offered to inspect the vehicle and remedy the faults. This was agreed by the Claimant and the car was inspected.
Published: 16 Aug 2016

Avoid test drive troubles

What checks do you carry out before you allow a potential customer to take a vehicle for a spin?
Published: 16 Aug 2016

County Court Win

A case we have been working on recently finally got to the hearing date. The Consumer Rights Act 2015 is the applicable legislation as the vehicle was purchased after October 2015 therefore it is good to see how the Judges are interpreting the legislation.
Published: 04 Aug 2016

Summer is here! Is SPF required?

The Institution of Occupational Safety and Health (IOSH) have identified approximately 50 people die each year as a result of being exposed to the sun at work. 250 cases of malignant melanoma (skin cancer) are registered each year by those working outside.
Published: 05 Jul 2016

Work experience

Its approaching that time of year whereby you may have agreed to have students in the workplace as part of their work experience. If you are a placement provider (employer) then it is yourself that has primary responsibility for the health and safety of the student and should be managing any significant risks.
Published: 05 Jul 2016

Faked Sickness…Football Flu

The Euro’s are on! How can you miss it. However, as an employer you may be concerned if members of staff call in sick at the time of a big match – could this possibly be a fake sickness?
Published: 23 Jun 2016

CAUTION regarding WeRe Bank

Recently our members have contacted us regarding concerns over a bank called WeRe Bank. Prospective customers are trying to pay for vehicles using a cheque by WeRe Bank.
Published: 23 Jun 2016

Diesel v Petrol

It’s widely considered over the years diesel vehicles are a green alternative to petrol however diesel engines have higher emissions of nitrogen oxide (a harmful pollutant that causes environmental damage but also health concerns).
Published: 08 Jun 2016

Injured staff back to work

Before allowing a member of staff to return to work, the employee would seek a medical opinion on whether it is safe to do so. On their return, the employee should present you with a fit note to confirm it is safe.

Published: 08 Jun 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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