Employee being forced to use own car.

[Smudger69]

I know an NHS employee who as part of her employment is to be rotated into a community post. The hospital are trying to railroad her into using her own car. It was never in her contract to own a car, They do not pay the business insurance required just the mileage allowance to cover fuel. can the hospital legally force someone to use their own car as the Hospital trust does not have cars available to run the service they wish to provide.

[Tools]

Re: Employee being forced to use own car.

If this is not in her original contract it would have to be a variation of her existing contract. Would she be using the car to transport people/goods/equipment needed to carry out her duties? If so then she may not be covered to do so by her own insurance and would in effect be driving without insurance, the consequences of which I am sure you are aware of.

If she is just travelling between places of work then this may be covered. I assume as an NHS worker she belongs to a Union? If so which one?

[Smudger69]

Re: Employee being forced to use own car.

She is part of the NMC, she will be carrying all equipment needed to deliver babies, gas bottles, midwife exempt drugs etc..... she will be travelling mostly to individuals homes not necessarily a place of work e.g GP run clinics

[Tools]

Re: Employee being forced to use own car.

Then I doubt she would be legally insured. I would advise her to speak with her Union rep, I assume you meant RCM , I've not heard of NMC.

I'm going to ask someone to take a look at your question to see if they can answer better than me.

[Smudger69]

Re: Employee being forced to use own car.

NMC is Nursing and Midwifery Council. The insurance is not just the issue, it's the fact that the extra mileage added to her own car plus the extra wear and tear that she doesn't want,

[PAWS]

Re: Employee being forced to use own car.

Her Car insurance will increase –No doubt about that! However…..Do tell her to find out what mileage allowance they are offering. My OH switched to using his own car rather than have a company car for 2 reasons.1 if you have a company car it is seen a taxable benefit and 2, the mileage allowance being offered actually resulted in him making a considerable profit! I kid you not. After he took the tax, car repayments, fuel costs etc. into consideration he was making a profit of £200 -£500 per month. He was doing a hell of a lot of miles but even after wear and tear it is not to be sniffed at. Many employees are opting out of company car schemes because it really is not a benefit.

[des8]

Re: Employee being forced to use own car.

She will certainly have to upgrade her insurance to include business use.
Whether or not the mileage allowance will make it worthwhile, will depend on the mileage she will do and the allowance.

[orfoster]

Re: Employee being forced to use own car.

Hi,
I think the issue here firstly is that you mention she is being 'rotated' into a Community Post, is this because of a restructure or does her contract allow for this move? If not this sounds like a substantial change to her contract, very different focus, very different job than that she is used to within a clinical setting.

My next question is does the contract provide anything about travel? If not what if she didn't have a driving licence? She applied for the job possibly on the basis she wouldn't need to drive.

I guess what I'm saying here is it may be that she doesn't have to agree to this move, although what are the alternatives? Could the employer make her redundant? Of course she could negotiate this point with the employer as it sounds as though it's a change to her contract.

She does need to be minded though that if this change has been imposed on her she has 3 months less 1 day to bring a claim, if she has one.

The NMC though isn't a trade union, she could be part of Royal College of Midwives or perhaps UNISON?

[Tools]

Re: Employee being forced to use own car.

Thanks Oli, much appreciated

Edit: And Des & PAWS

[orfoster]

Re: Employee being forced to use own car.

Could she redact her contract and perhaps post it up along with current job description? That would assist us. Otherwise it's difficult to interpret the position.

[Smudger69]

Re: Employee being forced to use own car.

Thanks to All, I will show her this information and see what she thinks, I believe her post is a rotational one, so if convenient they move them into community, her mileage is about 50p a mile but I doubt her mileage would be that high to make it a worthwhile profit. I don't think in her contract it mentions that she even needs a licence never mind her own transport. They just railroad those with their own cars to take up the posts. But thanks again.

[Smudger69]

Re: Employee being forced to use own car.

I've just looked at her contract and just states the need for internal need for post rotation. Nothing about how that rotation works. They have cleverly kept that bit out of the contract, could that be their downfall. They want their staff to use their own cars so they don't have to provide cars. Keeping costs down for a hospital so heavily in debt. They forced one young girl to get driving lessons and told her to get a car through the hospital lease scheme which she had to pay for, unfortunately being young she didn't have the bottle to stand up and say no, why should I. Disgraceful they're being treated this way.

[andyunderdog]

Re: Employee being forced to use own car.

This is discraceful behaviour, because the person will not be covered by their own insurance (unless they have already taken into account that their employer will make these demands of them).
If they have an accident, then they will not be covered, and the possible end result could see them be ruined for life. If this sounds dramatic, then bear this in mind. Any accident does not just include damage to another car (imagine if you hit a Ferrari), but damage to people, and that could cost you £100'sK in compensation, plus you could go to jail.

[orfoster]

Re: Employee being forced to use own car.

I've just looked at her contract and just states the need for internal need for post rotation. Nothing about how that rotation works. They have cleverly kept that bit out of the contract, could that be their downfall. They want their staff to use their own cars so they don't have to provide cars. Keeping costs down for a hospital so heavily in debt. They forced one young girl to get driving lessons and told her to get a car through the hospital lease scheme which she had to pay for, unfortunately being young she didn't have the bottle to stand up and say no, why should I. Disgraceful they're being treated this way.

Was she driving with her previous post?
Did the job advert mentioning having to drive?

They may well say rotation but if driving isn't expressly written in the contract I can't see how she would have to accept it apart from by not challenging it and her employer imposing it.

For example, my contract and job advert says 'must be able to travel' that doesn't mean a) I need a driving licence or b) I need a car. Simply because the intention in the contract is that I must be able to travel. So if I choose to provide my car I get paid mileage but if I don't my employer has to either provide a car or another means.

Your friend needs to join a union if she isn't in one and if she is then she needs to get some legal advice based on the documents, collectively if she joined with her colleagues they could resolve this.

At the end of the day the employer can propose what they like, they can impose what they like, that doesn't mean your friend has to accept it and not challenge it.

[vanman]

Re: Employee being forced to use own car.

ok as i stated in a previous thead

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.
also be aware that driving without insurance holds a criminal conviction not a motoring offence.