In This Issue

Spring 2019

The

VoiceThe OfficialNFDA magazine for the Industry

In this issue...

• Drive My Career • Dealer Attitude Survey • BEN - Your new best friend • HR - Quarterly Review Plus...... and more! The Voice interviews Clive Brook, Managing Director of Clive Brook Ltd. Welcome to the Spring Edition of the Voice

In March, we ran a successful (Electric Vehicle Approved) target audience continues to round of regional meetings scheme have now been improve. across the country. Your audited. During the pilot, There are still few spaces feedback is vital in setting which was endorsed by the available for the NFDA Spring the direction of our work in Government’s Office for Low Ball taking place on 11 May key industry areas such as Emission Vehicles (OLEV) and at the luxurious Grove Hotel new and used car market, the Energy Saving Trust, we in Hertfordshire. Get your aftersales, manufacturer have received positive and tickets, we look forward to relationships, and F&I. Please Sue Robinson constructive feedback from celebrating automotive retail Director, NFDA find dates and venues for the members involved. The excellence with you! June’s regionals below. official launch and opening of Dear Colleague, NFDA is your trade March saw also the the scheme will take place in Despite the challenges posed association: we represent, publication of the latest NFDA May. by a number of external you benefit. If you would like Dealer Attitude Survey. It factors, the automotive In February, Drive My Career to discuss any of the issues was encouraging to see that retail sector continues to celebrated its first anniversary. in the magazine, please do retailers’ satisfaction levels demonstrate its resilience. This unique, industry-first not hesitate to contact our with the relationship with their Over the past months, I have employment initiative has member helpline at 01788 manufacturers continued the met with NFDA’s European achieved a number of 538 303 or email positive trend. Please find counterparts to ensure a key milestones during its [email protected]. more details in this issue of joint approach to overcome first twelve months. There The Voice. common obstacles and are now more than 1,000 pursue shared goals. More The dealerships that took part participating dealerships details will follow. in the pilot phase of our EVA and engagement with our

NFDA 2019 REGIONAL MEETINGS: DATES & VENUES NFDA’s quarterly regional meetings take place across the UK to provide franchised retailers with an opportunity to discuss the most topical industry issues facing their businesses. Topics usually include new and used car market, manufacturer relationships, aftersales, F&I as well as HR and employment, with a focus on Drive My Career.

MIDLAND SOUTHERN NFDA COMMERCIAL Hilton Northampton Hilton, Cobham VEHICLE COMMITTEE • Tuesday 11 June • Tuesday 12 June* 201 Great Portland Street, London • Tuesday 10 September • Tuesday 17 September • Wednesday 5 June • Tuesday 10 December • Tuesday 17 December • Thursday 19 September • Wednesday 4 December SOUTH WEST NORTH EASTERN

Holiday Inn, Bristol Holiday Inn, York *This meeting will take place at CDX 2019 • Thursday 6 June • Wednesday 19 June (Car Dealer Expo 2019) at the Farnborough • Tuesday 5 September • Thursday 12 September International Conference & Events Centre. • Thursday 5 December • Thursday 12 December If you would like to attend NORTHERN NMDA COMMITTEE a meeting, please contact: Park Royal, Warrington 201 Great Portland Street, London [email protected] • Tuesday 25 June • Thursday 20 June • Tuesday 24 September • Thursday 26 September • Tuesday 3 December • Wednesday 18 December

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NFDA 2019 REGIONAL MEETINGS: DATES & VENUES

SAVE 7th THE NOV DATE 2019

automotivemanagementlive.co.uk@AMLIVE2019 #AMLIVE 3 Drive My Career MARKS FIRST ANNIVERSARY WITH KEY MILESTONES

Drive My Career has celebrated its first successful year achieving a number of key milestones. This is a unique employment initiative which was launched in February 2018 to address franchised retailers’ concerns that young people do not consider the automotive retail sector as an option for their professional careers.

Drive My Career is not a job site. It uses highly-targeted Drive My Career to retailers’ career pages every month. digital marketing campaigns to reach a target audience of 16 to 24 years old potential candidates. The campaigns Every month, about 700,000 people hear about Drive My run across several, different digital channels to make young Career and working in the automotive industry people aware of the variety of roles available in the industry #DMCApprenticeTakeover and the rewarding sides of a career in automotive retail. These often challenge misconceptions of our sector and During the National Apprenticeships Week and National promote diversity and transparency. Careers Week, which took place from 4 to 8 of March, Drive My Career ran a campaign which encouraged its Drive My Career engages with a community of active users on key social media platforms, in particular, Facebook, members to hand over their social media channels to their Instagram, YouTube and Twitter. apprentices. The ultimate goal is to connect young people with dealers Apprentices from companies including Marshall Motor in their local area. On the website, users can enter their Group, JCT600, TrustFord and Lookers, took to Twitter and postcode and see what retailers work in their locality other social media platforms to share insights about their through the dealer-finder map which shows all the apprenticeships. dealerships of the dealer groups across the UK that have joined the initiative. TrustFord @TrustF... • 06 Mar > Congratulations to Rob, our semi-skilled Drive My Career has achieved several key milestones in its technician who won our wheel change first year: challenge at Cribbs Causway with a winning time of 2 minutes & 37 seconds - Well done In less than six months, Drive My Career’s YouTube channel Rob #NAW19 #DMCApprenticeTakeover has reached over 200,000 views In September, the first manufacturer joined the initiative: Groupe Renault UK signed up all its NFDA member Renault and Dacia dealerships in the UK The most recent organisations to join the initiative are Sytner Group, the largest overall automotive retailer in Europe, BCA and Hendy Group. There are now more than 1,000 dealerships and 65 businesses involved More than 1,800 potential candidates are redirected through

4 JCT600’s vehicle technician apprentice Jessica Lookers @Lookers... • 07 Mar > Suffield won the best tweet. Her description of the two Are the skills that we learn in our leisure time Lookers years with the company, alongside a great choice of for you, for life transferable to roles at Lookers? According to imagery, got the most engagement on Twitter. Sam McLaughlin, #Apprentice Technician at @ Camberley Audi, the answer is: YES! 3 JCT600 Careers @JCT600... • 04 Mar > After joining JCT600 over 2 years ago to start my vehicle technician apprenticeship I’ve enjoyed every second! From the amazing people I get to meet and the opportunities the job brings! #DMCApprenticeTakeover #NAW2019 #NCW2019

By using the hashtag #DMCApprenticeTakeover, the apprentices entered a competition for the best campaign. The #DMCApprenticeTakeover reached over 200,000 people, along with over 1 million impressions in only five days! Marshall Motor Group was the overall winner as they participated with the accounts of numerous dealerships across the UK using multiple social media outlets.

Marshall Audi @MarshallAudi - 6d> The winning apprentices for the best campaign and the best Marshall This is Oliver Webb, Year 2 Technician tweet received respectively a £100 and £50 voucher. #Apprentice at #Newbury #Audi! Oliver is always cheerful and fancies himself as @ During the week, Drive My Career used its own accounts MarshallGroup’s future CEO! Watch out to focus on promoting all the job sectors and roles available Daksh! #NCW2019 #NAW2019 within the automotive retail industry. Sue Robinson, NFDA Director, said, “Today’s retail automotive sector is transparent, innovative and exciting. It is vital that we communicate to the new generations outside the industry how rewarding a career in our sector can be. Going forward, we will continue to follow our members’ directions to ensure that Drive My Career keeps growing”.

Drive My Career would like to thank all the companies that took part in the #DMCApprenticeTakeover campaign for their outstanding support! Oliver Webb, a year two apprentice technician, was the winner. Oliver confessed ‘he fancies himself as Marshall’s future CEO’ and even got a response from Marshall Motor Group’s CEO Daksh Gupta who said he always likes a ‘little Powered by competition’ and he will try to ‘keep the company in good shape until he takes over’. Marshall’s CEO also sent him a book titled ‘How To Become A CEO’ following his tweet!

5 SUMMARY OF FCA’S FINDINGS ON MOTOR FINANCE

In March, the Financial Conduct Authority (FCA) released This hypothesis is strengthened because of the absence of this the final findings from its work on the motor finance market. trend when studying scaled and flat structures. This suggests The findings are based on a study of consumer credit data, that other factors, such as consumer credit rating, are influencing commission structures and a mystery shopper survey of 122 interest rates for products sold under these structures. motor retailers. FCA also noted the differences between the average and highest The FCA was primarily concerned with commission structures commission plans were significantly higher under DiC (around (increasing and reducing Difference in Charges - DiC - in £2,000) compared to flat fee (around £700). particular). The FCA’s view is that there is a significant conflict of interest associated with these structures and that they break the “DiC models appear to break the link between credit risk and link between consumer credit risk and interest rates. interest rate” The mystery shopper exercise also found that regulated 2) Where a correlation between consumer credit score activities such as pre-contract information disclosure may not be and interest rates was expected, this was not the case for conducted early enough in the buying process, and where that products sold under DiC. information was disclosed, it was not always complete or clear. FCA’s expectation is that low credit risk consumers should FCA has however acknowledged that “the sample size was receive lower interest rates to reflect their reliability, whilst high small and biased towards independent retailers offering PCP or credit risk consumers pay higher interest rates. This relationship other forms of Hire Purchase”, and that the findings cannot be appeared to exist when flat fee structures were used and, to extrapolated to the wider market. some degree, when scaled plans were used. The report found no evidence of unfair business practices but When studying trends between commission structure, consumer nonetheless issued a reminder to regulated firms on the kinds credit risk and interest rates, the above correlation was not of activities they should continue to avoid, such as offering identified when increasing and reducing DiC was used. This incentives to enter a contract immediately, or securing a higher again indicates that commission structure, rather than credit interest rate than requested where this does not benefit the rating, is the more influential factor in determining the interest rate customer. a customer is assigned for their product. FCA intends to consult on ways to intervene on commissions, suggesting that they could ban DiC or similar structures, as well Next Steps – Broker Commission as limiting brokers’ ability to adjust interest rates. FCA estimates that the total cost to consumers of commission Commission Arrangements models which allow brokers to set interest rates is around £300m per annum. There are two correlations which support the FCA’s position, these are: “It is not clear to us why brokers should have such wide discretion to set or adjust interest rates, to earn more 1) A correlation between broker earnings and interest cost commission, and we are concerned that lenders are not doing under DiC enough to monitor and reduce the risk of harm”, FCA stated. The four primary structures considered by the FCA are increasing DiC, reducing DiC, scaled and flat fee commission plans. The FCA notes that whilst brokers are the ones to set interest rates, it data used by FCA “involved a sample of around 1,000 motor is also the responsibility of lenders to ensure that brokers acting finance agreements from 20 lenders representing about 60% on their behalf are adhering to the Consumer Credit sourcebook of the market. These covered January 2017 to July 2018 and (CONC) and other regulations when making sales. Many lenders represented a range of customers with different credit risk may be inclined to believe that FCA will do this kind of monitoring profiles.” for them when this is not the case. The data suggest that broker earnings from DiC commission The paper states that they have already begun exploring the idea structures are correlated with customer interest payments. of intervening in the commission side of the market with a scope

6 to potentially ban DiC or similar structures outright or update CONC to limit broker discretion in setting interest rates. Sufficient, Timely and Transparent Information This aspect of the report is informed by the mystery shopper exercise – for reference, the sample of 122 motor retailers is broken down as follows; - 37 franchised dealers - 60 independents - 14 car supermarkets - 11 online motor retailers Commission Commissions are also implicated in this section of the report. One component of the mystery shopper exercise was to note how many brokers disclosed the fact that they receive commission for selling finance products, as is required by the Consumer Credit Sourcebook (CONC). FCA found that only a SIR PETER small number of firms in the exercise complied with commission disclosure rules; BOTTOMLEY MP - 1 of 37 franchised dealers - 4 of 60 independent retailers - 2 of 14 car supermarkets - 4 of 11 online brokers. VISITS CAFFYNS FCA said that where commission disclosures were made, they were often not prominent or clear enough to reasonably VOLKSWAGEN be noticed by a customer. FCA reminds brokers that CONC requires them to disclose the existence or amount DEALERSHIP of commission, if knowledge of it could affect the broker’s impartiality in recommending a product or have a material impact on the customer’s transactional decision. On Friday 22 March Sir Peter Bottomley MP visited NFDA member Caffyns Volkswagen in Worthing as part of the NFDA Parliamentary Engagement Programme. The programme has been running since 2017 to raise awareness of the retail side of the automotive industry. Over the past two years, a number of MPs have taken the opportunity to visit dealerships in their constituency to discuss issues affecting the industry. Sir Peter Bottomley MP was welcomed by Caffyns CEO Simon Caffyn and Regional Director Patrick Conway who

Pre-Contract Disclosure The mystery shopper exercise found that most brokers appeared to make sufficient efforts to establish ownership/ usership preferences, budget and change cycles. In terms of pre-contract explanations, FCA begins by reminding lenders that it is their responsibility, as the creditor, to ensure that explanations are in line with the Consumer Credit Act 1974 (even if they delegate the sale of credit to a broker). FCA found, in general, that; used the visit as an opportunity to outline the general workings of their business and the investment into Caffyns’ - Key features of ownership and end of contract payments for sites, as well as highlighting problems with rising business PCP were usually clear and transparent. However, only 31% of rates. In addition, the electric vehicle market, Vehicle Excise brokers explained that customers do not own the vehicle until Duty (VED) and company car tax, as well as the impact of the final payments have been made and that goods can be Worldwide Harmonised Light Vehicle Test Procedure (WLTP) repossessed by a court order in the event of a default. and Real Driving Emissions (RDE) Test were also discussed. - 28% of brokers in their sample explained the total amount The MP was given a tour of the dealership where he met with payable, the principal consequences arising from a failure vehicle technicians, apprentices and customer facing staff. to make payments under the agreement, and the effect of The NFDA Parliamentary Engagement Programme withdrawing from the agreement will continue throughout the year. If you would like to NFDA will continue to liaise with the FCA and monitor any further host your local MP at your dealership, please contact developments on this matter to keep our members informed. [email protected]

7 RMI EMPLOYMENT LAW NEWSLETTER SPRING 2019 uploads/system/uploads/attachment_data/file/766167/ the Claimant relied upon, involved incidental injections good-work-plan-command-paper.pdf This sets out of sarcasm, including the mocking and disparaging of several proposed changes mostly coming into force in a litigant in person. The comment was careless and 2020. To implement that plan the Government has also tactless, but in its context (the mishearing, the swift published its first statutory instruments as follows: retraction, and the various applications made on behalf of the Claimant) it was not evidence of apparent bias. The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 Comment comes into force on 6 April 2020. It provides that the written statement of employment particulars must be It is very difficult to argue that a Judge or a Tribunal has given from day one of employment. It also changes been guilty of “bias” and the tests are very high. That the rules for calculating a week’s pay for holiday pay said it is sometimes an argument worth running at the purposes, increasing the reference period for variable Employment Appeal Tribunal and we at MILS have pay from 12 weeks to 52 weeks. previously run the argument where it was clear the Judge favoured the Claimant unfairly. Welcome to the Spring Edition of the RMI Newsletter. In The Agency Workers (Amendment) Regulations 2018 this update we aim to give you a round-up of some of abolishes the “Swedish Derogation” for agency workers. Age discrimination and justification the latest developments in employment law. Whilst this is It also comes into force on 6 April 2020. not intended to provide a comprehensive summary of all Is the protection of older workers a legitimate aim which the changes to the law, we hope to highlight some key The Employment Rights (Miscellaneous Amendments) justifies discrimination against younger workers? areas of change for motor industry employers. Regulations 2019 extends the right to a written Not without real evidence, held the Court of Appeal in IN THE NEWS statement to workers (previously employees), increases The Lord Chancellor v McCloud. penalties for aggravated breaches of employment law, It’s the start of the year, so we thought we would set out and lowers the percentage required for a valid employee There were two sets of Claimants, one of judges and below in the “News” section some of the key dates in request for the employer to negotiate an agreement on another of firefighters, who were affected by recent 2019 for upcoming changes to employment law (caveat informing and consulting its employees. government pension reforms. In both cases, the as to whether the little-known event at the end of March government allowed those members of the old pension will occur on time, or at all)? We also then go on to look Extending redundancy protection for women and scheme who were closest to retirement to remain at some future legislative changes, before considering new parents Following suggestions in the recent Taylor members of that scheme, while the younger members recent interesting case law Judgments. Review, the Government has published a consultation were transferred to a new, less generous, scheme. paper on extending redundancy protection for women • Employment law timeline 2019 and new parents. The Court of Appeal held that a mere “visceral instinct” • Good work plan update that “it felt right” to protect older workers was not At the moment the Maternity and Parental Leave • Consultation: Extending redundancy protection enough to amount to a legitimate aim which could Regulations 1999 mean that if a woman is on maternity for women and new parents justify discrimination. In principle, discrimination against leave is selected for redundancy, she must be given younger workers can be justified if there are financial Case law update priority over other redundant employees when the difficulties for older workers as a result of having less time employer offers suitable alternative employment. to prepare for the impact of the changes, but such a • Bias in Employment Tribunals justification would have to be demonstrated by evidence. The Government is now proposing to extend this right • Age discrimination and justification Although it is legitimate for the government to have moral to women who have returned from maternity leave in and political aims in mind, it is not the case that such Employment Law Timeline 2019 the previous 6 months (not just those who are currently aims do not have to be supported by evidence. on maternity leave). It is also looking at extending the The following are key dates for diaries for HR right to women who have just told their employer they Comment professionals this year: are pregnant i.e. prior to any period of maternity leave. • 21st January 2019 It is also looking at extending that protection during The case really underlines the need for the employer to Was the start of the EU settlement scheme. The redundancy to others e.g. those on adoption leave, have good and cogent evidence if it is going to run a Government began accepting applications from EU shared parental leave and longer periods of parental justification defence in any discrimination claim. citizens and any family members to remain in the UK leave. This is a consultation paper at the moment and Suspending Employees after Brexit. Note: the proposed fee of £65 has also the consultation is due to close in April 2019. now been scrapped. When may an employer suspend an employee without CASE LAW UPDATES • 30th March 2019 breaching the implied term of trust and confidence? Gender pay gap reporting for public sector employers. Bias in Employment Tribunals When it has reasonable and proper cause for doing so, • 1st April 2019 Did a comment by an Employment Judge to a held the Court of Appeal in London Borough of Lambeth National living wage increases for workers age 25 and representative that there was “no need to lie” suggest an v Agoreyo. over. It will increase to £8.21 per hour. The following appearance of bias? new rates will apply for younger workers: A primary school suspended a teacher after two teaching £7.70 for 21-24 year olds No, held the EAT, in Balakumar v Imperial College of assistants accused her of using excessive force against £6.15 for 18-20 year olds Health Care NHS Trust. two young pupils with special educational needs. She claimed it was a ‘kneejerk’ suspension and thus a breach £4.35 for 16-17 year olds The Claimant brought claims of discrimination and unfair of the implied term of trust and confidence. She resigned £3.90 for apprentices dismissal. At the hearing, the Claimant’s applications for and brought a claim. • 4th April 2019 the Employment Judge to recuse herself, and for the Gender pay gap reporting for private sector employers. late admission of documents (a tape and a transcript), The County Court held that the school had reasonable • 6th April 2019 had been refused. The Claimant was granted a short and proper cause for suspending her, and dismissed Employers to provide all workers with an itemised adjournment to allow her barrister to explain these to her. her claim. On appeal, the High Court held that it had not been necessary to suspend her, and therefore the payslip and state the hours being paid on the payslip When the hearing resumed, her barrister stated that where wages vary according to time. suspension was a breach of trust and confidence. She she would seek a further adjournment to lodge an appealed to the Court of Appeal. • 6th/7th April 2019 Increases to SSP and SMP appeal. The Judge misheard and, believing that she had (plus other statutory rates of pay). SSP up to £94.25. been misled as to the earlier adjournment, said words The Court of Appeal agreed with the County Court Statutory rates up to £148.68. to the effect of: ‘There is no need to lie’. This further and held there was no breach of trust and confidence. • April 2019 application was not granted, the hearing proceeded, The correct legal test was whether the Head Teacher Changes to the Apprenticeship Levy. Employers may and the Claimant’s claims were dismissed. The had reasonable and proper cause to suspend, and the transfer up to 25% of their apprenticeship levy to Claimant appealed on the basis that the remark was an County Court judge was entitled to hold that it did - a support apprentices in their supply chain. unwarranted attack on her barrister and could give rise decision which could not be overturned on appeal. The to an appearance of bias. High Court was wrong, it said, to seemingly instead Looking ahead adopt a test of whether it was necessary to suspend - The EAT dismissed the appeal. It held that a fair-minded that was setting the bar too high. The “Good Work Plan” In December the Government and informed observer, having considered the facts, announced the Good Work Plan, which can be found at would have concluded that there was no possibility of Accordingly the teacher’s claim that her suspension was https://assets.publishing.service.gov.uk/government/ bias. In contrast, the case of El Faragy v El Faragy, which a breach of contract failed.

8 Comment to establish the relative strengths of the candidates for undertake a disciplinary hearing. I have warned him the post. before, can I take account of a previous, current first Suspension should always be a last resort as it is written warning for poor performance when determining not a neutral act. Where an employer is considering Dealing With Grievances the appropriate sanction? suspension in order to investigate a disciplinary there should be a clear consideration as to whether the “I have an employee who has come to me complaining With regards to disciplinary sanctions employers are suspension is reasonably required, and whether it can that his manager has been bullying him and treating him generally expected to:- unfairly. He said he wants to put in a “formal grievance”. be justified. Where an employer does suspend an • adopt procedures that are designed primarily to help To be honest we are a fairly relaxed employer and we employee, there should be a clear note made of the and encourage employees to improve rather than as a don’t have such procedures. We usually sort out our decision, including the reasons for the suspension. way of imposing a punishment Provided there are good reasons to suspend and a note problems informally. What do I do next?” • be impartial is kept (and the employee is paid during any suspension) All employers, no matter how large or small should have the risks of such an act can be reduced. • impose a sanction that is reasonable and a formal grievance procedure in place to deal properly proportionate in the circumstances with grievances at work. A formal grievance procedure Should you find yourself in this situation you have • act consistently access to the RMI legal helpline for telephone advice. needn’t be too onerous. ACAS have example policies that employers can use and ACAS publish a Code of It is also best practice to consider the ACAS Code of CASE STUDIES Practice on grievances, which is referred to in Tribunals. Practice on disciplinary procedures. Recruitment and Discrimination You should certainly read the Code if ever you receive a formal grievance from an employee. When it comes to imposing a sanction that is reasonable “We are recruiting for a new technician. I have been and proportionate, you should consider the following through the applicants and there are two strong Even if you don’t have a formal grievance procedure in factors:- place, the following basic steps should be always be candidates. The most qualified candidate has disclosed • your disciplinary procedure and any guidelines taken:- during the application process that they have a serious provided in it about the relevant types of misconduct medical condition. I don’t want to take the risk they • Write to the employee setting up a formal meeting to and levels of disciplinary action prove to be unreliable, so I was going to choose the discuss his/her grievance giving him/her the right to be • any extenuating factors that might have a bearing on other candidate. I presume that is okay?” accompanied by a trade union representative or work events colleague; The simple answer is no. Discrimination law is • employee’s length of service and previous disciplinary very different from unfair dismissal law. The right to • Hold that grievance meeting and listen to concerns / record protection from discrimination applies to all stages of complaints; • any earlier examples of how similar matters of employment, including to the application process. An • Adjourn the meeting and go away and investigate and misconduct have been dealt with in the business in employer can be liable for any discrimination from the come to a conclusion on the grievance; order to ensure consistency start of the process even before they have even met the • Set out the decision in writing, with a right of appeal; candidate. Disciplinary sanctions short of dismissal which are • If the employee appeals, make sure that a more senior disproportionate to the offence, or outside the range of Is this a disability officer, who has not been involved so far, conducts reasonable responses, could expose you to the risk of a the same basic procedure as above, i.e. write to him/ The risk in the situation above is that the job applicant claim for constructive dismissal. her setting up a meeting, give him/her the same right could prove that the medical condition is a “disability” to be accompanied, hold the meeting, investigate and As to whether a previous, current warning for poor under the Equality Act 2010. To prove this, they have confirm the appeal decision in writing. performance is relevant for the purposes of a sanction to show that the condition has a substantial long-term in relation to the subsequent misconduct will depend adverse effect on day-to-day activities. The effect of any Under the Employment Rights Act 1996, the size and on the specific circumstances of the incident. It may be medical condition on work is not the essential ingredient administrative resources of an employer are relevant the case that the employee has been so unsatisfactory in determining the issue. to how fairly and thoroughly an employer deals with in different ways for the employer to issue one final such matters. The larger and more sophisticated warning across the board. Factors that will be relevant It is important to note that whether or not someone is the employer, the greater the onus to be procedurally are likely to include:- disabled for the purposes of the Equality Act is assessed perfect. The smaller the employer, the more Tribunals as if they were not taking medication for the condition. • the terms under which the previous, first written are supposed to give a degree of leeway given the A Tribunal does not ask whether there is a substantial warning or improvement notice was issued lesser administrative resources. This should not however adverse effect on day-to-day activities when taking any and whether the circumstances giving rise to be an excuse for small employers, who should be medication or treatment, but rather how they would the misconduct incident fall within the scope of following the basic steps above. be coping with their medical condition if they were not improvement required taking such medication? The result is that a far greater If you simply ignore a grievance and an employee has • whether the previous incident was dealt with in proportion of the population in the UK can argue they over 2 years’ service, then this could form the basis of a accordance with a separate capability procedure, and are technically disabled in employment law than might constructive unfair dismissal claim. Likewise, depending the degree to which it is related to the employee’s be expected. on the contents of the grievance, you can be liable culpability If the employer rejects the candidate above then the if you do not deal with matters under other parts of • the degree of difference between the circumstances giving rise to the first warning and those now being candidate can submit a claim to an Employment employment law, for example discrimination or whistle- considered. A degree of similarity will tend to favour a Tribunal. To defend such a claim the employer blowing. Failure to deal with a grievance can also lead to more severe penalty. On the other hand, there may be essentially has to show that the decision not to offer the uplifts in compensation in Tribunals of up to 25%. some particular feature related to the conduct or the job was not influenced by the disability (provided always Practical matters: dealing with a grievance individual that may contextualise the earlier warning the employee can prove they are disabled within the meaning of the Act). It is, of course, often the case that an employee will not Conclusion be satisfied with the employer’s decision on a grievance, We would generally advise when recruiting that especially if it is not upheld. As an employer, you have Disciplinary sanctions can be daunting. It is always employers should make job offers “blind” to medical a duty to reasonably investigate and this might involve difficult to decide what action to take. As an employer, information and not seek medical information until after a interviewing other staff, interviewing the employee in provided you have undertaken a fair and reasonable job has been offered. If after the role has been offered it question and coming to conclusions on the balance of disciplinary process that complies with any contract or transpires that the prospective employee has a medical the evidence. staff handbook, you will be entitled to put in place any condition which is particularly serious and reasonable sanction that would be open to a reasonable employer. adjustments cannot be made to the terms of the job A common trap that employers sometimes fall into is to accommodate that condition, then the employer to promise absolute confidentiality when dealing with IN SUMMARY can subsequently withdraw the offer and can raise a grievances. That is of course not always possible, This advice is general in nature and it will need to be potential defence in the Tribunal. because to investigate the grievance, allegations often tailored to any one particular situation. As an RMI have to be put to other employees and statements member you have access to the RMI legal advice In conclusion taken. Employers can ask employees to keep line, as well as a number of industry experts for your assistance. Should you find yourself in the situation The fact that someone has a disability should not discussions confidential to the meetings arranged, but above, contact us at any stage for advice and unduly scare an employer. Treating all candidates fairly cannot promise complete confidentiality of information, assistance as appropriate. and openly is important, as is laying a good paper trail otherwise grievances cannot be thoroughly investigated. in recruitment to demonstrate the relative candidate’s Setting the law aside for a moment, for good employee Motor Industry Legal Services strengths and weaknesses, so that the employer can relations, dealing with grievances fairly and within a Motor Industry Legal Services (MILS Solicitors) provides prove that the reason they didn’t offer a job to someone reasonable time is obviously important. A fair grievance who has a disability has nothing to do with the disability. fully comprehensive legal advice and representation to investigation and procedure can often resolve issues UK motor retailers for one annual fee. It is the only law In the situation above, the claim will be difficult to defend before they become more serious. firm in the UK which specialises in motor law and motor if the disabled employee is the one very clear strong Previous warnings and disciplinary sanctions. trade law. MILS currently advises over 1,000 individual candidate, if reference to any condition is made during businesses within the sector as well as the Retail Motor any interview or rejection or if there are not clear notes I am having problems with an employee and I need to Industry Federation (RMI) and its members.

9 “Driving motoring excellence in the North” The Voice interviews Clive Brook, Managing Director of Clive Brook Ltd

Clive Brook Volvo Ltd was formed in October 2007 to become the first privately owned Volvo dealership in Yorkshire for over 20 years. The company has grown from strength to strength, winning consecutive Trading Standards awards for ‘Excellence in customer service’ along the way. Clive Brook is now firmly established in Bradford & Huddersfield. Q A

How did it all start? a very small fish in a big pond, we were don’t incur any tariffs, which would be almost unknown. When I started, not significantly disruptive. I left school at the age of 16 despite my everyone wanted me to succeed and family expecting me to go to university. that’s been the key drive for me to Looking at the future of the sector, there I applied for an apprentice technician become ‘the choice’ for Volvo in West is a lot of speculation. In general, cars will role at Volvo and, although initially I saw Yorkshire. We wanted to be the Volvo continue to need to be serviced, there will it as a summer job, that was the start of experts in everything that we did through need to be a part supply and no matter my career. I had an all-round experience every single competence level in the how safe modern cars will be, they will with that company as I used to work in business. have to be repaired. sales during weekends and I also helped in the bodyshop, parts and accounts The frustrating thing for me is that whilst The debate around diesel is totally departments. we have done an extremely good job confusing for the consumer. Volvo for the manufacturer and the business are investing hugely in new engine Just as athletes that may have pictures has been profitable, it can be hard to technology and this includes modern in their mind of running through the finish keep apace with the required levels of diesel engines that do phenomenal miles line, as an apprentice, I had the vision to, investments. It is not only an affordability per gallon and are really clean. one day, run my own Volvo dealership. issue but there is also a question about I was pretty lucky that I was given an who wants these changes, are they What is interesting is the second-hand opportunity by someone who saw a always consumer driven? Consumers market where we are seeing more people potential in me. want the highest level of service, but asking for petrol, but, in general, people they also want a great online experience, want value for money and low running How has Clive Brook become such a so it can be challenging to plan future cost and therefore diesel will continue to successful Volvo retailer? investments. Sometimes manufacturers’ play an important role. demands may not be perfectly aligned The company is now 11 years old and What are the key opportunities for with what consumers want. sometimes I do look back and realise franchised retailers? that we took on a failing Volvo business in Talking about challenges, what are the It is crucial to embrace technology and Bradford and quickly turned it into a very main ones facing our sector? successful one. We now sell about 600% ensure you are connected with today’s more cars than the business used to sell In the immediate term, Brexit is causing customers. You have got to be in touch in 2007. Volvo’s sales have grown in the a substantial amount of unwarranted with today’s consumers and be able to period but not at this rate. confusion and we can’t ignore it. The understand their needs quickly because most important thing, at this moment the retail landscape is changing at a When I took the business on, we were in time, is that a deal is done and we pace.

10 “Driving motoring excellence in the North”

“We took on a failing Volvo business in Bradford and quickly turned it into a very successful one. What’s more challenging is hiring We now sell about 600% apprentices for different sectors within more cars than the the business. At the moment, we have business used to sell an apprentice in our parts operation in 2007.” and one as a product specialist, but they were not easy to recruit as people are not familiar with the different jobs you can do in the automotive industry. their company. Do you agree? The variety of roles within the industry is something we need to continue to I totally agree. The importance of having promote. the best people with the best attitude is essential. Having engaged people For example, the role of the receptionist that want to come to work is vital for is a really exciting one, it’s busy and so a profitable business. We regularly important for a franchised dealer but it is run a staff engagement survey which not always fully understood. is really important to me. The survey is run anonymously to encourage our Finally, you are a regular at NFDA’s employees to participate. You can only regional meeting in York, how do you have satisfied customers if you have find the regionals? satisfied staff. It’s great to have them, I find it I am staggered by the amount of very useful to meet dealers from business that we do from somebody that For me, there are three things that different walks of life. There are a enquires via our live chat and ultimately are absolutely key. ‘People’ is closely lot of commonalities and although books a service, buys a part or even buy followed by stock and marketing. If you manufacturers push things in different a car. We have just recently sold our first don’t have the right marketing today, ways, generally we all have similar used car completely online. You can now using all the channels available, you will issues. NFDA is such an important part go onto our website, reserve a car, pay a be left behind. You can have the best of our industry and the meetings need to deposit or pay for it in full, have it ready stock, but if you are not telling anyone keep going otherwise, if it all becomes and drive it away. about it then it can be very difficult. online and emails, then you could lose Having said that, customers still want touch of what really is a priority. to see, touch the car and test drive it. We see the clear benefits of having Favourite car customers who have had a test drive and a good, engaging experience with a well- Volvo XC60 T8 Hybrid, a wonderful informed sales consultant or a product car that embraces the latest specialist. technology. Yes, there is a competitive pricing Favourite Holiday Destination situation on the Internet and it is Antigua and Portugal. However, we true that we may not always be the live in the Yorkshire Dale and, on a cheapest, because, in fact, we can’t Is the perception of the industry still a sunny day, there is nowhere better! be the cheapest. Whilst we have to be challenge for attracting and retaining competitive, we want to make sure that talent? What do you like to do in your free the customer experience is such that they time? It is true that a lot of today’s perceptions understand there is a cost associated I like to keep myself active, I do quite of our industry are wrong, especially with that. a bit exercising, running, walking and because we have changed significantly I play a bit of golf. What we have to do as retailers is as a sector and people who are regular being able to give a great, physical customers appreciate this. Favourite author and TV demonstration of our products and programme? provide our customers with elements that This is different for people wanting to they cannot experience online. This is to work in the industry. We don’t have an Match Of The Day (not when my ultimately ensure that they buy the right issue with getting young people from team loses…) and Stephen King. school on placements. We actively car. Something you can’t live without? encourage this with the local school Almost every dealer CEO we speak to and two or three times a year we have Well, I should say my wife! says ‘people’ are the greatest asset to someone on work experience.

11 30 NFDA Dealer Attitude Survey YEARS Marks 30th Anniversary as Satisfaction Levels Rise

The NFDA Dealer Attitude Survey was launched in 1989 to monitor the health of the relationship between franchised dealers and their respective manufacturers. Thirty years later, we are pleased to present the findings of the NFDA Dealer Attitude Survey Winter 2018/2019.

Background satisfied). The NFDA surveyed 30 franchise In 1989, dealers were mostly networks and received 1,742 responses from concerned about their This survey was conducted in January 2019 and dealers, equating to a 40% response rate. manufacturers’ ability to take their asked franchised dealers about their on-going views into account, their dealer relationship with their respective manufacturers. When the survey was launched, dealers were asked council’s effectiveness and the Dealers were asked a series of questions covering a 16 questions in total and returned an overall average margin impact of their marketing range of business aspects and their impact on the of about 6.3 points out of 10. Today, the average strategy. relationship with the manufacturers. Responses are across all questions is slightly lower at 5.9 and the scored from 1 (extremely dissatisfied) to 10 (extremely questions of the survey are 52. The latest Dealer Attitude Survey shows that in 2019 the key areas KIA 8.8 (8.5) of major concern for dealers are: TOYOTA 8.6 (8.2) LEXUS 8.5 (8.2) current profit return, return on MERCEDES 8.4 (6.6) capital and the alternative fuel SUZUKI 7.3 (6.7) offering of their manufacturers, SEAT 7.2 (6.4) although this area is gradually SUBARU 6.9 (6.3) MAZDA 6.8 (7.0) improving. On the other hand, MINI 6.7 (6.8) dealers are mostly satisfied with PEUGEOT 6.3 (5.6) their margin on used car sales MITSUBISHI 6.1 (6.4) SKODA 6.0 (5.3) and their manufacturers’ used car LAND ROVER 6.0 (5.3) programme. HYUNDAI 6.0 (5.5) NISSAN 5.8 (6.2) Overall average score HONDA 5.8 (6.3) KIA continued to top the survey VOLVO 5.7 (5.0) VOLKSWAGEN 5.7 (6.0) with an impressive overall average JAGUAR 5.5 (4.7) score across all questions of 8.8 FORD 5.5 (5.5) points out of 10 which represents a 5.5 (6.4) BMW further increase of 0.3 points from AUDI 5.3 (5.9) RENAULT 5.1 (5.8) six months ago. KIA was followed VAUXHALL 4.8 (4.8) *Responses are scored from by Toyota with 8.6 and Lexus with 1 (extremely dissatisfied) CITROEN 4.5 (4.5) 8.5 points. At the bottom of the ABARTH 4.4 (4.5) to 10 (extremely satisfied). DACIA 4.3 (4.7) table, Alfa Romeo saw its score ALFA ROMEO 4.1 (3.2) Average 5.9 improve by 0.9 points to 4.1, while FIAT 4.0 (4.2) Fiat (4.0) declined by 0.2 points JEEP 3.8 (3.8) and Jeep (3.8) saw no change. 0 1 2 3 4 5 6 7 8 9 10

KIA 9.3 (9.1) TOYOTA 9.0 (9.0) How would you rate your MERCEDES 9.0 (6.5) manufacturer overall? LEXUS 8.8 (8.7) SEAT 8.0 (6.7) The all-important question How SUZUKI 7.5 (6.6) would you rate your manufacturer MAZDA 7.4 (7.5) overall? Saw dealers return an SUBARU 6.6 (5.8) MINI 6.6 (7.5) average score which was 0.1 SKODA 6.4 (5.3) points higher than six months ago PEUGEOT 6.4 (5.5) and up by 0.5 points from last LAND ROVER 6.2 (5.4) year’s winter survey. MITSUBISHI 6.1 (6.2) HYUNDAI 6.0 (5.6) The top manufacturers were: KIA DACIA 5.8 (5.9) NISSAN 5.7 (5.8) (9.3), Toyota and Mercedes (9.0) HONDA 5.7 (6.4) and Lexus (8.8). Mercedes had VOLVO 5.6 (4.4) a significant upward movement FORD 5.5 (5.5) of +2.5 points from the previous VOLKSWAGEN 5.0 (5.9) RENAULT 5.0 (5.9) survey. The least valued JAGUAR 4.9 (3.6) franchises were Alfa Romeo AUDI 4.5 (5.4) (3.5), Jeep (3.4) and Citroen (3.3). BMW 4.4 (6.0) *Responses are scored from 1 (extremely dissatisfied) Despite being in the bottom three, ABARTH 4.4 (4.7) VAUXHALL 4.3 (4.1) to 10 (extremely satisfied). Alfa Romeo had an increase of FIAT 3.7 (3.6) 1.4 points. ALFA ROMEO 3.5 (2.1) Average 5.8 JEEP 3.4 (3.4) CITROEN 3.3 (3.4)

0 1 2 3 4 5 6 7 8 9 10

12 Movement in score MERCEDES 89.4 (-85.4) JAGUAR 45.5 (21.9) Analysing ALFA ROMEO 43.6 (28.4) manufacturers’ SEAT 39.4 (-31.3) movement in ratings LAND ROVER 38.7 (0.3) PEUGEOT 36.2 (5) across the survey VOLVO 33.7 (-6.1) allows us to obtain SKODA 33.7 (5.4) a clear picture of SUBARU 31.3 (41) SUZUKI 26.9 (-23.3) the improvements HYUNDAI 21.6 (45.7) and deteriorations TOYOTA 17.6 (-10) occurred over the LEXUS 15.3 (-9) past six months. KIA 12.9 (-4.2) DACIA 0.6 Following a negative FORD -1.8 (-9.5) performance in the JEEP -2.8 (26.6) previous summer 2018 MINI -3.1 (11.5) VAUXHALL -4.5 (12) survey, Mercedes ABARTH -6.5 (57) regained all the points FIAT -6.8 (43.2) it had lost with an CITROEN -8.4 (2.9) overall improvement MAZDA -9 (9) MITSUBISHI -16.9 (60.7) of +89.4 points. At the Average NISSAN -18.3 (-32.5) 3.3 other end of the table, VOLKSWAGEN -18.9 (14.2) BMW experienced HONDA -26.5 (50.2) AUDI -29 (-36.6) a decrease of -46.8 RENAULT -35.5 (57.8) points in total. BMW -46.8 (4.4)

-60 -40 -20 0 20 40 60 80 100

Comments Dealer Attitude Survey”. was needed to improve for us to be successful”. Seat UK managing director, Richard Harrison, Peugeot was one of the manufacturers that saw Commenting on the results of the survey, NFDA told AM “it was great” to read the results of the significant improvements across the survey. UK Director, Sue Robinson said, “It is encouraging survey and said that the endorsement of retailers Managing Director David Peel told Auto Retail to see that despite a number of challenges the had come as a result of an “ongoing push to Bulletin: “When I took over, Peugeot was at the relationship between dealers and manufacturers improve profitability”. bottom of the NFDA survey and the relationships continued its positive trend. NFDA will continue Speaking to Auto Retail Bulletin, Mitsubishi UK with the network were not good. Having been to engage with manufacturers to ensure that a Managing Director, Rob Lindley, said one of his a Peugeot dealer, it was quite easy for me right constructive and open relationship is always in objectives is “to be in the top quartile in NFDA from the start to see what was wrong and what place”.

If you would like to find out more about the positive Ben to come to the site and offer support. When impact Ben has on those in dealerships around the the team arrived, they asked me if I was alright… UK, just ask Will and Brady. These two individuals and I just broke down. YOUR recently received support by Ben after major turning My partner Amy and I have two children, and not points in their lives. long before the incident at work we had another, NEW Will’s story a daughter. She was born at 34 weeks and I started working for a large car dealer and, like unfortunately passed away after two days. I had anyone else, I was excited about my new challenge to take time off work to mourn, but as I was a new BEST FRIEND and had high hopes. I had also recently started member of staff I wasn’t yet entitled to sick pay, so we quite quickly started to feel the pinch of not Business can sometimes be challenging and, with seeing my girlfriend Pammy, so life was good. having enough money coming in. I was still dealing the busy times and changes facing the automotive But it wasn’t long before I realised there was an with it all when the Ben team arrived. industry, employee wellbeing may not always be the excessive focus on hitting sales targets and, as I top priority. However, there’s one organisation that was new, it was something I struggled with. Work I went to a payday lender and got a loan, spiraling knows the importance of putting health & wellbeing quickly became a struggle, and the thought of into debt. When Ben’s advisors came to my at the top of the agenda… Ben. going in each day filled me with fear. I couldn’t dealership that day I was only a couple of weeks Ben is an independent charity and dedicated escape that feeling either, and within a couple of away from being evicted after a court order. months I had gone from being positive to living with partner to the automotive industry, providing I spoke to Ben and was given counselling for the the symptoms of anxiety and depression on a daily support for life for automotive people and their loss of my daughter, as well as being provided with basis. family dependents. If you, or your employees, advice and support on how to reduce the debt we are struggling with anything from mental health to I knew something wasn’t right and, after 6 months, have. My employers were also great at supporting money worries, Ben has a free, confidential helpline I had to find a way out, for Pammy’s sake as well me, so in a short space of time I could see a light at and support service. Ben works with individuals as mine. It was around that time that Pammy had the end of the tunnel. to help them navigate through the toughest of done some research online and had found Ben Helpline enquiries challenges. The charity, which has been running who provided a counsellor for me. Within a month, I since 1905, can provide tailored support such as had my first appointment with them. Ben delivers tailored one-to-one support via its free counselling, life coaching and financial assistance, and confidential helpline, available on weekdays Since I started seeing the counsellor I have certainly as well as offering online tips, advice and tools to from 8am-8pm and accessible via the telephone, improved, and my mood is more positive. Although help prevent issues developing into a crisis. email, text and online chat. it will take a while, I’m slowly getting better as I now And it’s not just individuals Ben works with. have the support of my GP, the help I receive from Online tips, advice and tools Through its Ben4Business initiative, Ben works with Ben and my wonderful partner Pammy. Ben’s online tips, advice and tools provide people employers and their HR teams to understand the with the information and support they need to ‘people challenges’ their businesses face and agree Brady live and work well. These are delivered via Ben’s a programme of awareness and training. They also I recently started working for a dealership when a website and direct to the inbox of those who sign offer an employee referral service for companies supplier dropping a car off suddenly collapsed and up to receive them. seeking support for their employees and a free had a heart attack right in front of me. A few of us emergency response service. were really upset after this, so our employer asked Visit www.ben.org.uk to find out more.

13 Electric Vehicle Approved

FIRST EV RETAILERS SUCCESSFULLY AUDITED DURING EVA PILOT PHASE

Electric Vehicle Approved (EVA) EVA is the only scheme, open to all is a set of standards for retail automotive retailers, which certifies and aftersales, developed by the efforts retailers are making in the NFDA, which certify retailers’ EV sector to meet the ever-changing consumer demand. A retailer who excellence in EV. Ahead of the body and, on receipt of a successful official launch to consumers has committed time and resources to audit report, will grant the dealership in May, the pilot phase of the EVs should meet the standards set by site EVA membership. scheme was endorsed by the EVA and then be able to communicate Government’s Office for Low clearly to consumers, through the EVA The retailers that took part in the pilot Emission Vehicles (OLEV) and trust mark, their expertise in the sector. phase returned positive feedback the Energy Saving Trust (EST). about the audit and showed great During the pilot of EVA, which was interest in the future development Sales of pure electric vehicles and launched in November 2018, a plug-in hybrid vehicles have been number of dealerships across the UK of the scheme. Following a highly experiencing significant growth. have been audited to certify that they successful and oversubscribed Interest from consumers for electric are ‘electric vehicle ready’. pilot phase, the official launch of the cars has also been rising significantly, scheme to the consumer and the however, buying a plug-in car can The EVA status is awarded to subsequent opening to all retailers will be more complex than purchasing a individual dealership locations and not take place in May. traditional petrol or diesel vehicle. As a to dealer groups. Once a dealer group result, automotive retailers have a key decides which site(s) they wish to be Nathan Tomlinson, Dealer Principal role in helping the UK consumers feel EVA members, NFDA arranges for of Devonshire Motors, one of the confident enough to buy an electric an audit to occur at these locations. first dealer groups involved in the vehicle, challenging misconceptions The audit is performed by the Energy pilot phase of EVA answered a few and informing them of all the benefits Saving Trust and results in either a questions about the scheme and the of owning an electric car. pass or referral. NFDA is the awarding role of electric cars.

14 What role do EVs play in your future now though as manufacturers are all understand if the technology and business strategy? poised to release EV vehicles with advantages will suit them. Then it’s a functionality that will appeal to the matter of time, extended test drives The role EVs will play in the future of masses. Once there is something for and giving the customer plenty of our business and the whole industry everyone, the infrastructure will grow to opportunity to experience and learn is huge. We’ve been able to see accommodate. through real world usage. We have the effects from an early stage as a range of practical tools, including Mitsubishi have been at the forefront video, that customers can use in of the EV race to market. I would their own time but the reality is that say that we are no more than 2 or 3 they learn most through using a years away now from seeing a whole demonstrator and then having their range of vehicles, both EV and PHEV, questions answered as a result. with extended range capability and at prices that will very quickly make them How can initiatives like EVA help? a first choice for many retail customers. I think that with anything specialised EVs still represent a small segment How do you help consumers you have to have a standard that of the new car market, what are the overcome these? customers can recognise and feel main challenges slowing down the safe with. The EVA initiative helps I’ve always said that helping a uptake of EVs? identify businesses that have a level customer to buy an EV or PHEV of understanding, competence and It’s a combination of things, but only in should be a very slow and deliberate experience which is essential to ensure the short-term. Charging infrastructure, process. It’s not a quick hour on a that as a buyer you are getting the limited range of vehicles and a lack Saturday afternoon. As is always the right assistance to make an informed of understanding, when it comes case it starts with the right people, decision. to the practicalities of use, are the who understand and can explain main ones. I’m certain we will see all the product properly but who can To find out more about EVA, please of these challenges diminish rapidly also help the customer learn and email [email protected].

NFDA SPRING BALL 2019 NETWORK & FUN - LAST PLACES AVAILABLE! The NFDA Spring Ball will be back on Saturday 11 May at The Grove Resort in Hertfordshire.

A top-class evening with good food, fine wine and first-class entertainment is guaranteed. Back by popular demand is THE NFDA your host and compere for the evening TV presenter Mark Durden-Smith. Our after- The SPRING BALL dinner speaker is former England Cricket VENUE Captain and TV commentator and pundit THE GROVE RESORT, HERTFORDSHIRE David Gower OBE. DATE SATURDAY 11 MAY 2019 The evening will finish with our live ‘motor EVENT ITINERARY industry band’, The Hods’, and don’t Champagne Reception 18.45 forget our awards for Industry Initiative, Dinner: 20:00 Manufacturer and Special Recognition! Entertainment: 22:00 - 00:00 Dress: Black Tie We look forward to celebrating automotive FOR MORE INFORMATION CONTACT retail excellence with you! 01788 538332 [email protected] For more information and to book your tickets, email [email protected]

15 In conversation with Brian Currie Chairman of Brian Currie, a company that has been synonymous with the city of Milton Keynes since 1975. From a small operation in Newport Pagnell, started by Brian and his wife Pat from their home the Company Q has gradually expanded to keep pace with the ever-changing demands of the truck logistics and engineering industries whilst still maintaining A the family ethos with the family still very much involved today.

Brian Currie covers his beginnings, the truck of the farmers that I did work for and I industry, his plans for the future and has explained to them that I needed 10 hours of an anecdote to describe every step of his work a week from each one of them at £3 career. per hour. We needed £76 to live on and the going to build a new depot on the east side other money could go into the bank in case How did your career start? of our territory, which is going to be a £4m it went quiet… investment. When my PA retired, she sent me a couple I used to travel around farmers doing work of boxes, I opened them, and there is The first ‘implant’ workshop. for them (and my wife did admin from history in there…I went to have a look at my home and she also collected parts where I look back now at what we call ‘implants’ first job book which is what we used when necessary) until somebody said, ‘Why don’t which are workshops that we have on a we started recording the jobs we did, and you bring your work here?’. So, I got a little client’s site. Forty years ago, we had an who the customers were. workshop, then it became too small, so we implant in a little refrigeration company. They The first was ‘0 0 0 0 0 1’…Judging by all needed another one, and another one, and used to set off at five o’clock in the morning those zeros, I obviously thought I was going so on... delivering frozen food to all little shops, get to do a lot of jobs! I had great aspirations, back late afternoon to reload the truck for That was the start of Brian Currie! which was normal because I was only 21. I the following day and there wasn’t any time went through the list of customers and we How did you start working with DAF? to repair and maintain the vehicle during the still have some of them today. It is absolutely day. One day in 1979 a guy I knew came to see brilliant. me. He said they were selling a lot of DAF So, we started working at night. The only Says Brian with a mix of pride and surprise. trucks and asked me if I wanted to look after way we could do that was being where the them. A few months later, he said, ‘You’re trucks were, rather than keep moving the I left school at 15 to be an apprentice doing such a good job, would you become trucks back and forth. So, he built us a little mechanic and I started working for a a DAF dealer?’ and I said ‘Yes, why not!’. workshop at his warehouse. company that used to build trailers. That was the catalyst for moving forward. What are the key values that have helped I got into the truck sector purely because I remember while we were building the you during your career? ‘Hard work’ seems that’s what I liked, I wanted to be a truck depot at Bleak Hall that cost us £1.6m, I the obvious one. mechanic. I was very fortunate that the was in my car, and it was announced on the people I worked for, for whatever reason, People tell me I have worked hard. I say, radio that DAF had bought Leyland. Leyland used to like me. They wanted to teach me yes, I have worked hard, but you also must was a bigger brand then DAF and there and I was very receptive. I was just a blank work smart. There a lot of people that work were a few Leyland dealers around me who, paper taking all the information in. I changed incredibly hard but some have that extra bit. I thought, would have got the franchise. job three times when I was an apprentice I always say to people, if you have got it in and it was always to learn more and gain I rang up the managing director of DAF, you, you want to work for yourself and you more experience. I explained my worries, and he told me, really believe it, you have to go and do it. ‘Brian, there’s absolutely no way you will One of the guys I worked for as an And your passion for innovation… never ever be a DAF dealer, so don’t worry apprentice managed to get hold of me about that’. I am always looking for something new, I like when I was 20. He contacted me and said technologies and inventions. I remember he had a job for me down the M23 looking They created a unique dealer agreement for when we got our first computer - it was big after road vehicles on the motorway. I put us and they called us a ‘light truck dealer’, as a desk. We were fortunate to bump into my tools in my car and off I went! I worked which meant we were able to sell trucks up a guy who was a programmer and we told on the motorway for a year. to 16 tonnes and, more importantly, we had him we had to find a way to stop us from a direct agreement with DAF so I didn’t have After a short experience in London, I met employing more people in a way that did not to report to anybody. my wife and we moved to Newport Pagnell make any money for the business. where I got a job working for a Volvo dealer. Then, DAF went into receivership. A We described what we did, we sat down, few dealers decided not to continue as The beginning of ‘Brian Currie’ and we created this bespoke software for DAF dealers and became Iveco dealers, Brian Currie. We had different codes for When the branch I was working at closed these included a dealer not far from us specific jobs so we did not have to manually down, the company decided to move in Northampton. As a result, we had to write everything down. everybody to a different location. I did not expand. want to do that, so, I thought to myself, How do you cope with all the changes At the time, councils were giving up maybe this is the time when I can work for facing the sector these days? their vehicles and we bought all of myself. Buckinghamshire county councils’ I am fairly up to date on the industry I had always done work for other people equipment and rented it back to them on because I read a lot of magazines and when I was not at work, at night time and a 10-year deal. We acquired Bedford and publications, I must have 20 or 30 emails over the weekend. So, I went to see three built a depot in Northampton. Today, we are every day about new technologies and

16 all over the news. When we talk about changing legislation, In conversation with Brian Currie trade bodies are the number one. That’s why I want a high involvement where the industry is going around the If I arrive at the depot and see a piece of with the NFDA and the other sector’s world. If I didn’t do this every day, it would paper on the floor outside, I pick it up. When associations. You fight your corner, but be like leaving the industry and coming back they see me throw the piece of paper in the where there is some common ground, it is in five years’ time. It moves so quickly. bin, I want them to think that if the people important to work together to achieve goals. that own the business have picked that When we were children, we used to take What are your plans for the future? piece of paper up, then why should I not cars to bits. Now you can’t do that, you do it? Now I don’t involve myself in the day to day need all the necessary equipment. Now you running of the business. need to take vehicles to a good place, with I recently met a young guy on work good people, good knowledge, good parts, experience with us for two weeks. I asked I have two managing directors, one is very and good equipment. him what made him want to do this job and technical, one is very financial, and they are he said he’s always been interested in cars, Our new bays are fairly clinical. When you running the business, also, my family plays lorries and things that move. So, I said, well, take the electrical components of a vehicle a great part in it. I look after the strategy, I if you are passionate and you do alright, we off, bays need to be clean, you are not suggest ideas, then we discuss and analyse will take you on. working in a dusty and greasy environment them internally. At the moment, the new anymore. It is important that young people He said, “but you don’t even know what depot is my main focus. understand this. qualifications I have”. I told him “That’s not You have always been active in a problem, we can work on that. If you are What are your recommendations to supporting the local community. What willing and keen to work with us”. attract people to the sector and keep are your views on this? them motivated? Private HGV MOT testing is one of the main Yes. If you are going to take something out issues affecting the industry. How important There are three elements to consider. How of somewhere, you want to put something is it to continue to fight this case? do you attract people, how do you keep back in. That’s how it works. I have been them and what path of progress can you Imagine standing in the middle of the desert very fortunate that Milton Keynes has provide for them? What I always say to with your little white flag…no one will notice been very good to me and my family and people is that you should never ever be you. But put a 1,000 people there and you therefore we ought to support the local derogatory to anybody who has got a job, may get someone writing about it in a local community… But we would need another regardless of what they do. newspaper, get 10,000 people and it will be interview to tell you all we have done! BREXIT UPDATE The stagnant Brexit process and the threat agreements and mutual understandings, but supplementary political declaration on the of a no deal Brexit continues to cast a long principally it means trading through the more future relationship. shadow over UK businesses and consumers. burdensome framework of the World Trade Despite the Government’s efforts, the The announcement of a 10% tariff on car Organisation (WTO). withdrawal agreement was again rejected. imports under a no deal scenario did little Brexiteer MPs that were previously opposed Theresa May lamented that Parliament is to reassure the automotive industry that to the withdrawal agreement have slowly now reaching the limits of what it can do such an outcome is desirable. NFDA has come around to the idea that unless it is to make progress on Brexit. We can now been consistent in its call for Government approved soon, there may be no Brexit expect another round of indicative votes and to provide a clear path through the Brexit at all. After rejecting the PM’s deal twice, a potential return of the withdrawal process. they may have hoped to climb down from agreement for a fourth time, with the The circumstances around Brexit change their opposition to it and support it in a possibility of a general election and every day. To find a way through the third meaningful vote. However, House of a further extension to Article 50. deadlock, Parliament has lurched from Commons Speaker John Bercow dashed the This will frustrate many meaningful votes, to motions of no Government’s hopes that they could be third businesses and consumers who confidence and indicative votes on up to time lucky by ruling that the deal can only will see this as another instance eight different outcomes. However, none of return if the contents undergo a significant of Government and Parliament these solutions produced an outcome which change. avoiding their responsibility brings the UK any closer to securing a clear In a last roll of the dice, the Government to lead the UK through the exit. brought the withdrawal agreement alone Brexit process. Only by European leaders continue to watch with back to Parliament to be concluding this phase of bemusement as MPs debate their own voted on by MPs on the negotiations can the alternative proposals for leaving. The EU has 29 March, UK restore the clarity that been clear that the only exit path available to leaving automotive retailers have the UK is to pass the negotiated withdrawal out the been waiting for since agreement, which contains the controversial the referendum. backstop and divorce bill. Without this, the UK and EU will fall back onto their no deal preparations which include a range of bilateral

17 NFDA AND LOWCVP PUBLISH CONSUMER GUIDANCE ON WLTP FIGURES

The National Franchised Dealers Association (NFDA) has partnered with the Low Carbon Vehicle Partnership (LowCVP) to show consumers how to benefit from the new Worldwide Harmonised Light Testing Procedure (WLTP).

NFDA and LowCVP, who works with vehicle, consumers will not only Government and their members save money but also contribute to to accelerate the transition to improving air quality”, she added. low emission road transport, have produced a leaflet to show The leaflet answers the most consumers that WLTP’s more common questions about WLTP: sophisticated testing techniques why and when WLTP was and its more accurate emission introduced, the cars it affects as figures can help consumers choose well as the effects on Vehicle Excise the right car. Duty (VED) and Benefit in Kind (BIK) tax. The new fuel economy figures are available for four different types of Finally, the leaflet explains where journey: city centre, town, rural and to find cars’ WLTP fuel economy, motorway. Consumers will be able electricity consumption and to compare the emission figures electric range figures. This includes for the type of journey they do the environmental labels and sales most, see which cars use the least materials on new cars found fuel and choose the most fuel- at dealerships, manufacturers’ efficient car. brochures and websites, printed car advertising and marketing, motoring “It is now more important than ever media listings and comparison make a better informed purchasing that motorists select the car that tables, and the government’s official decision. By choosing a new car that’s best suits their habits and needs, database. designed for the type of journeys they especially, in terms of fuel type”, do, some drivers could save hundreds LowCVP’s Managing Director, Andy said Sue Robinson, NFDA Director. of pounds a year in fuel costs alone”. Eastlake, said “The new WLTP “A clear understanding of the figures are vital in demonstrating new WLTP regulation will help UK and reassuring motorists that Please email motorists choose their ideal car. there is now robust and reliable [email protected] to receive Choosing the most fuel-efficient information available to help them a copy of the print-format leaflet.

18 DRIVING DIGITAL 2019: A JOURNEY ACROSS AUTOMOTIVE CHALLENGES AND OPPORTUNITIES Driving Digital 2019 took place on Thursday 8 February at Villa Park, Birmingham. The well-attended event provided a mixed audience of retailers, industry experts and suppliers, with insightful updates on the changes facing automotive retail.

Sue Robinson, NFDA Director, welcomed the attendees and gave an overview of the current work NFDA is doing including the pilot phase of the all-new Electric Vehicle Approved (EVA) scheme and Drive My Career.

The first speaker of the day was Nathan Coe, Chief Financial Officer and Chief Operational Officer of Neil Addley, Managing Director Auto Trader. Nathan used data of Judge Service, showed how science and statistics to analyse important it is to have customers who the challenges facing automotive are passionate about your brand. He retailers and the changes affecting outlined the key ‘micro-moments of consumer behaviour. He shared tips truth’ that can help deliver customer retailers could benefit from to meet satisfaction and how this can, consumer demand in today’s fast- ultimately, speed up stock turn. paced marketplace. After a short coffee break, which Neil Smith, Imperial Cars Finally, John O’Hanlon, CEO of provided an ideal networking Operations Director, described the Waylands Automotive, highlighted opportunity, Auto Trader UK New progress the company has made the key aspects a franchised retailer Car Brand Director Sue Fish and over the past years to improve their needs to take into consideration Operations Director Ian Plummer customers’ journey: ‘focussing on to be successful. He explained took the stage. The speakers the user experience is key’. Imperial’s how Ambition, Brand, Culture, demonstrated the importance of Click - Call - Collect model is a clear Development and Expertise are the transparency to ensure a smooth example of the efforts they have key values Waylands has been built buying journey that customers can made to simplify the car buying upon. be satisfied with. The customer process. journey needs to be: local, easy, The presentations from the event transparent and fair. are available on request. To request your copy, please email [email protected]

19 NATIONAL FRANCHISED DEALERS ASSOCIATION Real World Analytics provides head office decision making support to drive better cash management and profitability for automotive dealers and distributors. ASSOCIATE MEMBER www.realworldanalytics.com 0808 1890 617 Associate Members Directory [email protected]

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