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What are the legalities of being forced to take out Business Class insurance on your

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  • #16
    Re: What are the legalities of being forced to take out Business Class insurance on y

    Employers requiring employees to use their own private vehicles for business must ensure the employees carry appropriate insurance cover.
    BUT unless it is part of the employment contract that employees may be required to use their own vehicles in the course of their employment the employer cannot force employees to have "business use" insurance cover on the off chance that it may be required.
    In this particular case it is all a bit of a nonsense anyway, if the employee does not have a car she can't effect a policy (no insurable interest),
    and the employer has no control over non employees and can't require poster to effect anything.

    Originally Posted by scoobydoo
    from an employers point of view we would be breaching our H&S policy if an employee used their own car for work ( even on an odd occasion) without business insurance - because if they were in an accident and this was discovered I believe it could invalidate the insurance cover. So we would be protecting the employee as well

    Technically the policy is not invalidated but the insurer may be able to void it on the grounds of non disclosure.

    Post 11 "Principle is a strong point that should not be overlooked. What starts with such an enforcement like this - requests that employees change there own personal circumstance to fit the employers will, end in further use of the employees property for company use. Other employees in this firm are being asked that they use their cars for move tenants. My partner and her colleagues work for a care association, caring for people with mental health issues. This can and do get broken and the firm has already stated that no cost will be covered. This is a very slippery slope we tread."

    Fully agree with you...been there , done that and got the T-shirt. It seems this UNISON "negotiated" agreement has come as a bit of a shock, probably without any reference to its members. Unfortunately there is little to be done except for the future take more interest in your union and ensure local officers are not bosses men!
    Last edited by des8; 29th May 2013, 18:14:PM. Reason: spelling mistake :employer for employee!

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    • #17
      Re: What are the legalities of being forced to take out Business Class insurance on y

      Des8 - many thanks for this post. Whilst I appreciate all the other comments, there was some insight here that helped me to understand what has happened, and more to the point what we can do about it - in this case didily squat! I still can't believe that employers can make changes to employment contract cart blanch, but there you go. One of the many reason I didn't study law!

      Objections will be raised but there is little I fear that will come of it. As it happen, we are now actually getting a new car, and whilst I will still be the owner, my partner will be the main insured party on a multi-car insurance, so this part of the policy will be in her name. I guess we just suck it up and get the insurance - I just hope that there isn't any "project creep" for the future.

      PS - Enquirer - no the insrance company hasn't been sepcified - I think that would smack of some kind of collusion! She is PAYE - so no tax returns.

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      • #18
        Re: What are the legalities of being forced to take out Business Class insurance on y

        Swinster, why not point out to the employer that she does not actually OWN a car for work and that you give her a lift in your own car and ask them whether you have to insure the car for business purposes as the car is not actually hers.
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

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