Shropshire lawyer warns bosses to get ‘driving at work’ policies in place
A Shropshire lawyer has warned that employers could be held responsible if an employee is charged with using a mobile phone whilst driving to a business meeting.
The warning was issued by litigation lawyer Nicholas Kennan following this month’s national ‘Belt up and Save Lives’ campaign. The campaign, which was promoted by police forces across the country, identified a significant number of drivers who were using their phones illegally whilst driving.
Mr Kennan, who works in the Oswestry office of leading Shropshire and North Wales law firm, GHP Legal, said: “If an employee is charged for using a mobile phone when they are driving on company business police can request a meeting with a director of the company and ask to see policies, risk assessments and documentary evidence of training and effective management. It is up to the employer to prove compliance with health and safety legislation relating to the use of such as mobile phones.
“Employers who refuse or fail to co-operate can find themselves facing a fine of up to £20,000 in the Magistrates Court. If the case goes to the Crown Court there is no upper limit as to what the fine could be. Fines can be imposed on both the company and its managers, so employers need to ensure that they have robust ‘driving at work’ policies in place with clearly defined disciplinary procedures for any breach of company policy. This should be in a prominent file supported by relevant training records. If in any doubt about their responsibilities or required documentation employers should seek legal advice.”
