If an employer dismisses an employee without good reason and/or without following an appropriate process, the employee can potentially raise an Employment Tribunal claim for either wrongful or unfair dismissal. However, in order to raise a claim for unfair dismissal, the employee will be required to satisfy a Tribunal that:-

• they were an employee, whether part time or full time;
• they had the necessary continuity of service (normally two years' continuous service) to bring a claim for unfair dismissal;
• they were dismissed.

There are certain circumstances where employees’ with less than two years' service can bring a claim for unfair dismissal. An example of an exemption is dismissal for health and safety reasons, as a result of whistleblowing.

The UK Government is due to implement the Consumer Rights Directive (2011/83/EU) with effect from 13 June 2014 when the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 will commence.

What does this mean for the Retail Motor Industry?
The changes will potentially have the least impact on Dealers who have been used to consumers being able to cancel contracts completed at a distance for several years.

However Dealers would be advised to review policies to ensure they are compliant with the new Regulations.

Probably the biggest changes will be felt by Mechanical Service and Repair outlets and Body Repairers where customers regularly telephone and enter into contracts for services at a distance.
These contracts are cancellable and certain information must be provided to the customer in order to comply with the Regulations.

Failure to comply with the Regulations is a criminal offence with the potential of a £5000 fine for each offence committed. 

An agency worker was left with life-changing injuries when his leg had to be amputated after he was crushed by a moving vehicle.

The 32-year-old from Great Ayton, North Yorkshire, was trapped for almost an hour before being freed by emergency services at the premises of Con Mech Engineers Ltd in Stanley, County Durham, on 26 January 2012.

The worker was in hospital for a month. His right leg had to be amputated below the knee, and then later above the knee, while his left leg also suffered a fractured femur and severe crush injuries.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Con Mech Engineers Ltd at Peterlee Magistrates’ Court for serious safety failings.

From the 6 April 2014 employees will generally only be able to bring an employment tribunal claim if they have referred the issue to Acas first.

Sweeping changes to the Tribunal system will mean that from 6 April early conciliation will be available, and for tribunal claims lodged on or after 6 May, conciliation will be compulsory.

The reforms, when viewed in conjunction with the recent introduction of tribunal fees, are an attempt to move from an adversarial process to a conciliatory legal process.

These changes will surely result in less tribunal claims and more mediated settlements which should benefit both employees and employers.

Andrew Moody of Retail Motor Law said, ‘I believe these changes will place greater importance on the employer obtaining advice prior to taking any action to ensure the appropriate procedure is followed.’ Moody went on to say ‘The mediator is likely to consider whether the correct procedure has been followed during the conciliation process and if the employer has followed a fair procedure they will be in a much stronger negotiating position.’

We wait to see how Acas will act in order to ensure early conciliation is a success