Vehicle use for work

[Bradley]

Hello every one, i have come across this site,as I was looking for some advice, for my son who works at a small local garage as a mechanic,he works alone with his Boss and has been there since he left School,he is 32 now.The problems started around 2 years ago when he was diagnosed by the Hospital with an imbalanced pubity system,which required a visit to the Hospital once or some times twice a month,so for the past 2 years he has not had any annual leave,because his Boss says it costs money to the accountant for him to change his pay,so therefore he puts every Hospital visit down as a Holiday,Does he have the right to do that? At this present time my son is off work with stress,because over the past 2 years his boss has been useing mind games to belittle his condition,eg Don't come in that car to work I'm not having that parked here.. I could go on and on about the treatment his Boss has poured onto my son but I think that's enough now....thanks for looking.

[Slumpy]

Re: Is this legal

Hi Bradley

Can you prove these things have been happening. Sounds like constructive dismissal to me. But I'm no expert by any means.

[enaid]

Re: Is this legal

HI and welcome, bit of info for you but am sure someone else will be a long with a more positive response.

Employers are not required by law to allow workers to attend medical appointments in work time.
This means that an employer is perfectly within their rights to take the time for attending medical appointments out of an employee's holiday allowance. This is true of hospital appointments, doctors' appointments and even trips to the dentist.


Holiday entitlements are in the info below
https://www.gov.uk/holiday-entitleme...ts/entitlement

When you have read the above maybe a little more on whats actually going on would help to sort thsi out.
Enaid x

[Bradley]

Re: Is this legal

Hi Bradley

Can you prove these things have been happening. Sounds like constructive dismissal to me. But I'm no expert by any means.

during the time mentioned,my son has received Text that have been bullish,and intimidating ,I also received a text telling me that it's no good him coming back to work because it's to busy and my son would get stressed.He is making it almost impossible for my son to return to work.

[Bradley]

Vehicle use for work

I know it's against the law to use your vehicle ( car) for work purposes if it's not insured for that.but if you are intimidated by the Boss to use it,and you refuse and then you have repercussions from the Boss,how would you get around this problem?

[vanman]

Re: Vehicle use for work

Hi

Tell your boss that your insurance is void if you use it for work.

Informing your boss will make him/her aware that you will be driving it illegally.

It is an offence under road traffic law to “cause or permit” a person to drive a vehicle that is in a dangerous condition or without a valid licence or at least third party insurance. Employers need to have procedures in place to ensure that all vehicles, regardless of who owns them, which are used for work purposes, conform to road traffic law, are safe and properly maintained and are fit for purpose. It is easier if the vehicle is company owned but harder when employees’ own vehicles are used. Health and Safety law does not apply to commuting, unless the employee is travelling from their home to somewhere which is not their usual place of work. Employers are required to consult with employees, and where applicable the health and safety representatives on health and safety in relation to driving.

Prosecution
Since the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be investigated and subsequently prosecuted as a result of serious management failures resulting in a gross breach of duty of care. Put simply, if you fail to take reasonable steps to identity and remedy risks to your workforce and this leads to the death of an employee, your business could be investigated and found guilty under this act.

also

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.
If the case goes to court you could get:
a maximum fine of £5,000
It’s illegal to drive a vehicle on a road or in a public place without at least 3rd party insurance.
The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.


Don't forget, that just one conviction will have very serious implications. Even if you are not disqualified, when you come to insure your vehicle, your premium will rise drastically because of any insurance related offence.

[Bradley]

Re: Vehicle use for work

Hi

Tell your boss that your insurance is void if you use it for work.

Informing your boss will make him/her aware that you will be driving it illegally.

It is an offence under road traffic law to “cause or permit” a person to drive a vehicle that is in a dangerous condition or without a valid licence or at least third party insurance. Employers need to have procedures in place to ensure that all vehicles, regardless of who owns them, which are used for work purposes, conform to road traffic law, are safe and properly maintained and are fit for purpose. It is easier if the vehicle is company owned but harder when employees’ own vehicles are used. Health and Safety law does not apply to commuting, unless the employee is travelling from their home to somewhere which is not their usual place of work. Employers are required to consult with employees, and where applicable the health and safety representatives on health and safety in relation to driving.

Prosecution
Since the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be investigated and subsequently prosecuted as a result of serious management failures resulting in a gross breach of duty of care. Put simply, if you fail to take reasonable steps to identity and remedy risks to your workforce and this leads to the death of an employee, your business could be investigated and found guilty under this act.

also

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.
If the case goes to court you could get:
a maximum fine of £5,000
It’s illegal to drive a vehicle on a road or in a public place without at least 3rd party insurance.
The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.


Don't forget, that just one conviction will have very serious implications. Even if you are not disqualified, when you come to insure your vehicle, your premium will rise drastically because of any insurance related offence.

I know it's against the law but apart from giving the job up,and then some other person gets the same treatment.its a circle that is hard to brake.is there a way of reporting this anonymous....'.

[des8]

Re: Vehicle use for work

Appreciate the problem, but with respect, why not upgrade your insurance to cover work use?
Perhaps at your employers cost.

The extra cost will depend on how the vehicle has to be used for work, eg is it just for commuting to other places of work on an occasional basis, or is it full on reping with loads of samples?

Insurers regard an IN10 almost as harshly as DR10!

[vanman]

Re: Vehicle use for work

I know it's against the law but apart from giving the job up,and then some other person gets the same treatment.its a circle that is hard to brake.is there a way of reporting this anonymous....'.

Ok I see that you are between a rock and a hard place.
Even if you report this anonymously you will still have no third party insurance
To drive it at work
Ask your boss if they would take out an insurance for you to do so
Or pay to upgrade yours
It may be a bit harsh but if you were to hit somebody while driving illegally

[concernedperson]

Re: Vehicle use for work

My employers a big national company expect staff to use their cars to collect products from other stores they do pay for the petrol

[vanman]

Re: Vehicle use for work

My employers a big national company expect staff to use their cars to collect products from other stores they do pay for the petrol

but will they pay your fine
or compensate you for getting a criminal record.
as driving without insurance a criminal offence not a motoring offence.

[des8]

Re: Vehicle use for work

So the company pay for fuel.
Do they actually pay for fuel, or do they give car users a mileage allowance?
If the former is this done on production of fuel receipts?
If the latter, what is the allowance per mile?

The mileage allowance used to be pretty generous from companies. I've just had a word with a friend who currently gets a mileage allowance of 45p. This is to cover not just fuel. but wear & tear and ancillary expenses such as insurance. Perhaps this is what your company do.

[vanman]

Re: Vehicle use for work

This is to cover not just fuel. but wear & tear and ancillary expenses such as insurance. Perhaps this is what your company do.

if the company has not informed concernedperson that it is to pay to for insurance for business purposes
he/she probably hasn't done it.

[des8]

Re: Vehicle use for work

if the company has not informed concernedperson that it is to pay to for insurance for business purposes
he/she probably hasn't done it.

Agree ,but it is the driver who has to make sure they are insured, not the employer (and it is the driver who lands in court even if the employer has breached H&S procedures).
As often happens we have been given minimal information and I was trying to draw out more.
As this concerns "a big national company" I would be surprised if this is not covered in employees contract.
We are told staff are "intimidated by boss". Is this local manager, and is he acting beyond his authority just to hit targets by leaning on staff to use their vehicles unlawfully?
Do HR know what he is doing?
What repercussions are there for refusing to use car uninsured on employers business?
Sack? most unlikely seeing the repercussions there would be for employer.

When we know more we will be able to give OP more appropriate advice.

[vanman]

Re: Vehicle use for work

Agree ,but it is the driver who has to make sure they are insured, not the employer (and it is the driver who lands in court even if the employer has breached H&S procedures).

It is an offence under road traffic law to “cause or permit” a person to drive a vehicle that is in a dangerous condition or without a valid licence or at least third party insurance. Employers need to have procedures in place to ensure that all vehicles, regardless of who owns them, which are used for work purposes, conform to road traffic law, are safe and properly maintained and are fit for purpose. It is easier if the vehicle is company owned but harder when employees’ own vehicles are used. Health and Safety law does not apply to commuting, unless the employee is travelling from their home to somewhere which is not their usual place of work. Employers are required to consult with employees, and where applicable the health and safety representatives on health and safety in relation to driving.
Prosecution
Since the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be investigated and subsequently prosecuted as a result of serious management failures resulting in a gross breach of duty of care. Put simply, if you fail to take reasonable steps to identity and remedy risks to your workforce and this leads to the death of an employee, your business could be investigated and found guilty under this act.