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Vehicle use for work

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  • #16
    Re: Vehicle use for work

    I do not disagree with you but In spite of what you state in post 11 it is still the driver who is responsible for ensuring he is insured.
    RTA 1988 section 143.2 clearly states the driver is guilty of an offence, and does not allow for a plea of "he made me do it". That is the plea that was unaccepted at the Nuremburg trials.
    It does mean the employer is guilty of offences and breach of duty, but that won't help the man in court for driving uninsured.

    Comment


    • #17
      Re: Vehicle use for work

      Originally posted by des8 View Post
      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.
      I don't have my car with me but have just asked another employee who has had to do it a lot and they said they never got a penny, I am led to believe another lad had £5 out of petty cash as he hadn't got enough fuel for the 40 mile round trip but in general it seems your expected to do it for free.

      Comment


      • #18
        Re: Vehicle use for work

        Originally posted by des8 View Post
        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!
        the boss will not pay for the extra insurance his answer is get on with it.so the options are risk the law,or go on the dole. This situation must happen a lot with small Buisiness,when the work force is very small you do not have a voice....

        Comment


        • #19
          Re: Vehicle use for work

          Originally posted by des8 View Post
          I do not disagree with you but In spite of what you state in post 11 it is still the driver who is responsible for ensuring he is insured.
          RTA 1988 section 143.2 clearly states the driver is guilty of an offence, and does not allow for a plea of "he made me do it". That is the plea that was unaccepted at the Nuremburg trials.
          It does mean the employer is guilty of offences and breach of duty, but that won't help the man in court for driving uninsured.
          i agree but looking at concernedperson post


          Originally Posted by concernedperson My employers a big national company expect staff to use their cars to collect products from other stores they do pay for the petrol
          they were not aware of the use of ther car on employers business
          i am just making him/her aware of the consequences of the fact.
          and hope to save them from getting a criminal record and a big fine.
          Don't let them grind you down

          Comment


          • #20
            Re: Vehicle use for work

            Originally posted by Bradley View Post
            the boss will not pay for the extra insurance his answer is get on with it.so the options are risk the law,or go on the dole. This situation must happen a lot with small Buisiness,when the work force is very small you do not have a voice....
            what type job is it.
            how long have you been employed by company.
            Don't let them grind you down

            Comment


            • #21
              Re: Vehicle use for work

              Originally posted by vanman View Post
              what type job is it.
              how long have you been employed by company.
              15 years as a mechanic,me and the boss he has changed in the past 2 years and is trying to force me to quit by insisting I do what he says, think it's the dole or fines.

              Comment


              • #22
                Re: Vehicle use for work

                Do you work for "a big national company" or a "small business"?
                Have you ever had a written contract, or is there a staff handbook?

                I personally would refuse to drive on company business if I was uninsured.
                They might make life unbearable, but if you are caught driving whilst uninsured, will your employer pay your fine and increased insurance costs?
                If it causes you to lose your licence under totting up rules will they supply a chauffeur driven car?
                I thought not!

                I take it you don't take your car to work, and so haven't yet had this problem. I'd keep it that way.

                We really need more information as requested by Vanman and myself to be able to advise

                Comment


                • #23
                  Re: Vehicle use for work

                  Originally posted by Bradley View Post
                  15 years as a mechanic,me and the boss he has changed in the past 2 years and is trying to force me to quit by insisting I do what he says, think it's the dole or fines.
                  ok
                  Dismissals and whistleblowing
                  A worker can’t be dismissed because of whistleblowing. If they are, they can claim unfair dismissal - they’ll be protected by law as long as certain criteria are met.



                  Types of whistleblowing eligible for protection

                  These are called ‘qualifying disclosures’. They include when someone reports:
                  • that someone’s health and safety is in danger
                  • damage to the environment
                  • a criminal offence
                  • that the company isn’t obeying the law (like not having the right insurance)
                  • that someone’s covering up wrongdoing


                  https://www.gov.uk/whistleblowing/di...whistleblowing


                  or
                  Constructive dismissal

                  https://www.gov.uk/dismissal/unfair-...tive-dismissal



                  Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.

                  If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.
                  Don't let them grind you down

                  Comment


                  • #24
                    Re: Vehicle use for work

                    Originally posted by vanman View Post
                    ok
                    Dismissals and whistleblowing
                    A worker can’t be dismissed because of whistleblowing. If they are, they can claim unfair dismissal - they’ll be protected by law as long as certain criteria are met.



                    Types of whistleblowing eligible for protection

                    These are called ‘qualifying disclosures’. They include when someone reports:
                    • that someone’s health and safety is in danger
                    • damage to the environment
                    • a criminal offence
                    • that the company isn’t obeying the law (like not having the right insurance)
                    • that someone’s covering up wrongdoing


                    https://www.gov.uk/whistleblowing/di...whistleblowing


                    or
                    Constructive dismissal
                    https://www.gov.uk/dismissal/unfair-and-constructive-dismissal



                    Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.

                    If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.
                    Ok thanks I am off work with Stress due to that and other work related situations, that's very interesting about being forced out of work because that's what is happening.'' Thanks

                    Comment


                    • #25
                      Health and saftey

                      Why is it that H S checks are not carried out at small business,the same way they are at larger company premises,after all one life in harms way is one to many....

                      Comment


                      • #26
                        Re: Is this legal

                        Why? after all the years he's worked there

                        Comment


                        • #27
                          Re: Health and saftey

                          probably because of a lack of resources, and what there is is focused on the bigger risks.

                          If you have particular concerns about a business, first raise them with the boss.
                          If you remain unsatisfied then report to the correct enforcing authority: http://www.hse.gov.uk/contact/authority.htm

                          Comment


                          • #28
                            Re: Is this legal

                            Originally posted by righty View Post
                            Why? after all the years he's worked there
                            his Boss has had a personality change,so he is different over the past 2 years to what he was previous.
                            here are some examples,and note this is a garage for CARS.
                            light heavy goods trucks ( horse boxes) to work on,Healh and Safety breached,told to get on with it and stop complaining.
                            no pool vehicle available most of the time,told to use personal car, no insusance,so told to say it's for private use.
                            The pit to work out of has no steps to get in or out,you have to pull yourself out.
                            The use of the ramp is limited as the building roof is to low.
                            heavey gearboxes and wheels exceed the legal wht limits forlifting,when he asked for a helping hand,he is told to go get some exercise,and get yourself stronger.
                            i could go on for hours about this.....

                            Comment


                            • #29
                              Re: Health and saftey

                              Originally posted by des8 View Post
                              probably because of a lack of resources, and what there is is focused on the bigger risks.

                              If you have particular concerns about a business, first raise them with the boss.
                              If you remain unsatisfied then report to the correct enforcing authority: http://www.hse.gov.uk/contact/authority.htm
                              High,I have checked the link,and there's no mention of small workshop garages.

                              Comment


                              • #30
                                Re: Is this legal

                                simple change jobs as a liability there, simple answer, no excuses sorry but been near that situation in the past, when things go wrong penalised for not reporting or leaving.

                                Difficult I know but must be practical here, broken back/limbs dread to think\\\\\\\!

                                Comment

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