Age Discrimination Law

The Employment Equality (Age) Regulations 2006 came into force last Sunday. Has anyone had any proper legal advice on this yet? I know one ‘Network’ member has just had an investigation launched against him for specifying ‘over 21′ in a job advert for drivers.

There’s a ‘get-out’ in the legislation that allows employers to discriminate if it achieves a ‘legitimate aim’ which apparently means: “Economic factors such as business needs and efficiency. The health, welfare and safety of the individual (including protection of young people or older workers). The particular training requirements of the job.”

You need to be able to show, in writing, why a decision was made to discriminate and have actual hard evidence that supports the decision-making process.

The problem is that there’s no case law on this yet and until there is it will be down to individuals to decide whether knocking a few thousand pounds off an insurance premium is a good enough “business need” to justify discrimination. There doesn’t seem to be much agreement in the legal profession about this either.

Certainly saving a few thousand pounds a year would not be any justification for racial, sex or disability discrimination, so logically the same would hold true for age discrimination, although the laws are worded very differently.

Posted under Employment, Legal Issues, Uncategorized

Posted by Alec at 1:10 pm, October 5, 2006

Northern Ireland

Richard wrote:
I heard they were insisting on passports for air flights to NI so unless someone knows any better I would take it with you.

Airlines insist on passports or photo driving licences for all UK domestic flights now.

NI is part of the UK and no passport is needed. In fact you don’t even need a photo ID to travel to the Republic by ferry. Any ID will do; a non-photo driving licence is fine. My daughter’s gone through with a signed letter from her teacher and no other ID recently.

Your GIT is ALWAYS valid in NI, because it’s part of the UK. Your vehicle insurance is ALWAYS valid in NI for the same reason. The legally required cover (normally Third Party only) of your vehicle insurance is ALWAYS valid EVERYWHERE in the EU, without a Green Card and without informing your insurer, because that’s the law.

Posted under Uncategorized

Posted by Alec at 7:12 pm, October 4, 2006

Holding on to a customer’s goods for late payment

Andy, I hadn’t read your message when I posted mine, but as far as I know

——————————————————————————–
write advising them that you intend to sell the goods in lieu of payment of your outstanding bill and all incurred storage charges. Give them 7 days to pay up and reclaim the goods and sell them immediately if no reply.
——————————————————————————–

would be the correct procedure if you DID have such a clause in your agreement. You’d have no grounds to do so unless specifically agreed.

Under Common Law you have an automatic lien against goods that are the exact subject of your charges. If you’ve not been paid for storing a pallet you have a lien against that pallet until you’re paid. That gives you the right to retain the goods, not to sell them. The right to sell or dispose of the goods has to be established in contract.

Also, unless established in contract, the lien would only be against goods that were specifically the subject of the overdue charges. You can’t hold this week’s consignment against last week’s charges unless your contract (Terms & Conditions) specifically allow it.

Which just goes to show how important it is to have proper Terms & Conditions.

Posted under Late Payment, Legal Issues

Posted by Alec at 8:05 am, October 4, 2006

No VAT on ferries to France?

Actually you’re meant to charge yourself the VAT by putting it in box 2 on your VAT return. You’re then meant to reclaim it by adding it to your box 4 figure. Under normal circumstances this will mean that your VAT liability is unchanged.

BUT… if you’re on the Flat Rate Scheme you can’t recover this VAT – your £85 fare increases your VAT liability by £14.88.

 

Posted under VAT

Posted by Alec at 6:52 am, October 2, 2006