Be Aware - February 2016
This is the first is a series of articles rounding up recent developments and common legal issues that affect motor traders, from the RMI legal team.
Unfair Dismissal Following HR Overly Influencing Disciplinary Investigation
The Employment Appeal Tribunal (EAT) has allowed an appeal against the original Employment Tribunal’s decision that an employee had been fairly dismissed in circumstances where the Investigating Officer’s recommendations had been unduly influenced by input from Human Resources.
Carrying Over Holiday Pay When Sick
The EAT has confirmed that a worker on sick leave can carry forward untaken leave (the four weeks’ leave granted by regulation 13 of the Working Time Regulations) into a new holiday year under the Working Time Regulations even if the worker was capable of taking annual leave. However, EAT says that such untaken leave cannot be carried forward indefinitely.
Contacting non-responsive vehicle owners
The DVLA can release details of the registered keeper of a vehicle if you can satisfy them that you have a legitimate need for the information. As a company you need to contact the DVLA and request V888/2. You will be required to confirm your details and provide a quick explanation as to why the information is required.
More information and an electronic version of the form can be found at https://www.gov.uk/request-information-from-dvla
This advice is general in nature and it will need to be tailored to any one particular situation. As an RMI member you have access to the RMI legal advice line, as well as a number of industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.
Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.