Autumn 2019 The VoiceThe OfficialNFDA magazine for the Industry In this issue... Brexit Guidance Drive My Career Feature Latest Consumer and Dealer Attitude Surveys ...and more! The Voice interviews Stuart Hodson, Glyn Hopkin Operations Director AML19_FPAD(Register)v2.qxp_Layout 1 06/09/2019 17:04 Page 1 Welcome to the Autumn NFDA Membership is shaping up to be the Edition of the Voice Details Update Automotive Management LIVE best day you’ll spend away from your business this year Following the official launch of theElectric Vehicle Approved (EVA) scheme in May, over 90% of the slots available to dealerships have already been filled. The auditing process is progressing well and the dealerships that have obtained their EVA accreditation have started to display EVA branded material. Please email [email protected] for more information. In September, we published the NFDA Dealer Attitude Survey Summer 2019. Overall, there Sue Robinson was a minor decline in dealers’ satisfaction Director, NFDA levels with their respective manufacturers. To ensure our data is fully compliant with Lexus topped the survey with the highest GDPR we are required to maintain and update Dear Colleague, average score across all questions while the information we hold for our member Honda saw the biggest improvement. organisations. It would be extremely helpful if As we enter the final quarter of the year, there NFDA members could provide the following remains uncertainty surrounding Brexit. The In December, the final round of our regional meetings will take place. These meetings will information for their company, especially, where UK is about a month away from its planned there have recently been changes. This will allow be crucial to help retailers ‘Prepare for 2020’ departure from the EU and we urge franchised us to distribute the correct and most relevant and we encourage you to attend and discuss retailers to take seriously the idea that a ‘no information to the right person. You can send us the key issues facing your business. Your deal’ Brexit is fast approaching. To continue your updated details via our website or by email. to assist you, we have commissioned feedback is vital. Key information includes the main contact automotive research body ICDP to compile a In addition, we have a wide program of REGISTER NOW name, main contact email address and list of questions for franchised retailers to ask member events over the coming months. In main contact job title. Other important details of their manufacturer partners, suppliers and particular, the firstNFDA EV Marketplace may include the name and email address of themselves. Please find more details in The Seminar, our dealer trip to NADA Las Vegas Voice. your company CEO, Finance Directors, Brand and the NFDA Spring Ball 2020. Please find Manager(s), Aftersales Director, Executive PAs more information in The Voice. Drive My Career continues to grow. In as well as additional management roles. Please DIGITAL RETAILING FUTURE F & I IMI 2019, more than 20,000 young people NFDA is the voice of automotive retailers: specify your company name and membership aged between 16 to 24 were redirected by BEST BEST DEALERSHIP SEMINAR PEOPLE if you need any assistance or to register to number when you send us your updated Drive My Career to member career portals. attend a meeting or event, please email nfda@ contact details. PRACTICE PRACTICE ZONE THEATRE Additionally, Drive My Career continues to use rmif.co.uk or contact our member helpline at stories, videos and run campaigns to improve All email correspondence can now be sent to MASTER MASTER 01788 538303. the perception of our sector highlighting all our new generic email address [email protected] CLASSES CLASSES the positive aspects of a career in the retail which is monitored by our admin team. The automotive industry. For more details, please member helpline remains 01788 538 303 and is email [email protected]. open from 9am to 5.30pm, Monday to Friday. NEC, Birmingham 7th NOVEMBER 2019 NFDA 2019 REGIONAL MEETINGS: DATES & VENUES automotivemanagementlive.co.uk 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. These include new and used car market, dealer and manufacturer relationships, aftersales, F&I, consumer legislation, regulatory issues as well as @AMLIVE2019 #AMLIVE HR and employment, with a focus on Drive My Career. Our members’ attendance to the meetings is extremely valuable as dealers’ inputs are instrumental in setting the direction of our work. In turn, dealers find the meetings useful as they allow them to raise concerns, learn about new matters and stay up to date on the latest happenings in automotive retail. MIDLAND NORTH SOUTH NFDA COMMERCIAL Double Tree by Hilton, Park Royal, Warrington Hilton, Cobham VEHICLE COMMITTEE Walsgrave, Coventry • Tuesday 3 December • Tuesday 17 December 201 Great Portland Street, London • Tuesday 10 December • Wednesday 4 December NORTH EAST NMDA EXECUTIVE SOUTH WEST Holiday Inn, York 201 Great Portland Street, London If you would like to attend a meeting, please contact: Holiday Inn, Bristol • Thursday 12 December • Wednesday 18 December [email protected] • Thursday 5 December Best Practice Sponsors: Feature Sponsors: www.automotivemanagementlive.co.uk For Sponsorship or Exhibiting Opportunities please contact [email protected] 2 3 SAVE THE DATE! REASONABLE ADJUSTMENTS: CONSTRUCTIVE SAVE THE DATE! KNOWLEDGE OF DISABILITY RMI EMPLOYMENT LAW Did a Respondent have constructive knowledge of disability in circumstances where the Claimant had not been forthcoming about NFDA Spring Ball 2020: BULLETIN AUTUMN 2019 her disability? No, not on the facts in this case, held the EAT in A Ltd v Z. employment tribunal had found that Ms Chikale had not knowingly The automotive social The Claimant, who the parties agreed was disabled as a result participated in any illegality, there was no reason to deny her a of mental and psychiatric impairments, was dismissed by the remedy. Respondent because of poor attendance and timekeeping issues. networking event of Comment Her poor attendance was something that arose in consequence of her disabilities. the year It will be clear why the Court of Appeal came to that conclusion, in wanting to protect those who are being exploited. The tribunal found that the Respondent did not have actual knowledge of disability, but did have constructive knowledge, and The case is worth reading by those interested for its detailed the Claimant’s s.15 Equality Act claim succeeded. The Respondent consideration of the illegality defences. knew nothing more than that the Claimant had experienced personal AGENCY WORKERS problems and suffered stress as a result. However, the tribunal found that it should have made further enquiries of the Claimant and fixed Was an agency worker entitled to be offered the same number of the Respondent with constructive knowledge accordingly. hours of work as those performed by a permanent employee? The tribunal’s error was that it had only asked itself what process No held the Court of Appeal in Kocur v Angard Staffing Solutions the Respondent might have been expected to follow, but failed Limited. to then address the crucial question of what the Respondent Welcome to the Autumn Edition of the RMI Employment The Agency Workers Regulations 2010 entitle an agency worker to ought to have known. Based on the tribunal’s finding that if further The NFDA Spring Ball is the ideal event to have law email bulletin. Please note: in this bulletin MILS aims to the same conditions of work as a permanent employee, but this does enquiries had been made the Claimant would have continued to fun and network with industry stakeholders while keep you up to date on some of the latest developments in not extend to an entitlement to be offered the same number of hours suppress information about her mental health problems and refused celebrating the excellence of the automotive employment law and although the bulletin is not intended of work as those performed by a permanent employee an occupational health referral, it followed that further enquiries industry. to provide a comprehensive summary of all the changes to would have made no difference and the Respondent did not have The Court of Appeal held the purpose of The Agency Workers the law, we hope to highlight some key areas of change for constructive knowledge accordingly. The claim therefore failed. The event will be back on Saturday 25 April at the motor industry employers. Regulations 2010 was to ensure the equal treatment of agency workers and permanent employees while at work, and in respect of COUNTERCLAIMS luxurious Grove Hotel in Hertfordshire. An exciting It has been a relatively quiet time for Employment law legislation. This evening with good food, fine wine and first-class rights arising from their work. The Regulations did not regulate the The Employment Tribunal is a form for employees to bring claims year perhaps even more so, with the Government’s energy all taken amount of work which agency workers were entitled to be given. entertainment is guaranteed. We will be presenting up in another matter… Those employers concerned about assisting against their employers. If however, an employee claims breach of contract against their employer then the employer can counter claim three awards for Manufacturer of the Year, Industry EU employees before Brexit should by now be up to speed with the Comment for breach of contract in the Employment Tribunal. The Employment Partner and Special Recognition. Back by popular settled status scheme, but for any employer or employee needing This is a welcome clarification from the Court of Appeal which gives Appeal Tribunal (EAT) had to consider the following question: demand is your host and compere for the evening, a reminder, the best information is available on the Gov Website: certainty on the limits of the protections under the Agency Workers TV presenter Mark Durden-Smith! https://www.gov.uk/settled-status-eu-citizens-families/applying-for- Regulations.