Employer’s Duty of Care
Author
Discussion

V41LEY

Original Poster:

3,022 posts

268 months

Monday 16th April 2018
quotequote all
I’ve been asked by my employer to provide them with a copy of my driving licence, insurance details and MOT certificate for my personal car which I drive to my place of work.

Quote:
As part of our obligation to the safety and wellbeing of staff we are required to ensure that staff vehicles are safe (MoT) and insured. Our insurers require us to inform them if drivers have any penalty points (Evidence from DVLA, as below).
End

Is this some new change in the law ?
I understand I need to provide a copy of my DL to drive company / pool vehicles but this ?

Hughesie

12,790 posts

312 months

Monday 16th April 2018
quotequote all
Do you have a car allowance ?

I do and have to provide this.

Lee540

1,586 posts

174 months

Monday 16th April 2018
quotequote all
I was asked this.. because I was parking my car in the company car park.

I declined to give my information, parked on the road instead.

ATG

23,785 posts

302 months

Monday 16th April 2018
quotequote all
O/p, it's just so your company can comply with the terms of their insurance contract. Doesn't require any change in the law; it's just the terms of a contract.

V41LEY

Original Poster:

3,022 posts

268 months

Monday 16th April 2018
quotequote all
Smells like a data mining exercise by my employer’s insurers to me ! What’s the betting I get bombarded with offers when my insurance runs out ? And what if I didn’t have insurance or a valid MOT ? Are they going to report me to the police ?


V41LEY

Original Poster:

3,022 posts

268 months

Monday 16th April 2018
quotequote all
Hughesie said:
Do you have a car allowance ?

I do and have to provide this.
A allowance to purchase my own car through a company scheme ? No.

Fort Jefferson

8,237 posts

252 months

Monday 16th April 2018
quotequote all
V41LEY said:
Smells like a data mining exercise by my employer’s insurers to me ! What’s the betting I get bombarded with offers when my insurance runs out ? And what if I didn’t have insurance or a valid MOT ? Are they going to report me to the police ?
How do you get through life with this level of cynicism?

For fks sake, chill out.

anonymous-user

84 months

Monday 16th April 2018
quotequote all
Perfectly normal. I'd be more concerned if the employer wasn't asking for the information.

justinio

1,180 posts

118 months

Monday 16th April 2018
quotequote all
I hate things like this.

The trouble is though, if you are parking in a company car park, then it's their house, their rules.

You can of course decline to provide any of this information, but are there any consequences for doing so?

Lee540

1,586 posts

174 months

Monday 16th April 2018
quotequote all
justinio said:
but are there any consequences for doing so?
No, what if you just told them that you do not have a car and you use alternative method of transport.

justinio

1,180 posts

118 months

Monday 16th April 2018
quotequote all
Lee540 said:
No, what if you just told them that you do not have a car and you use alternative method of transport.
No admittance to company car park?

Jasandjules

72,606 posts

259 months

Monday 16th April 2018
quotequote all
It depends on how ar*y you want to be. You can simply say "Thank you but these are details for my private vehicle not company and thus irrelevant"

mr rusty

218 posts

122 months

Monday 16th April 2018
quotequote all
The GDPR that kicks in next month strictly controls what your employer can do with this (or any personal) data. They MUST tell you how they intend to use it, and cannot pass it to third parties without your express permission. Why not just ask them how this data will be used under the GDPR? might scare the s****s out of them if they haven't taken any action yet.

ruggedscotty

5,997 posts

239 months

Monday 16th April 2018
quotequote all
Jasandjules said:
It depends on how ar*y you want to be. You can simply say "Thank you but these are details for my private vehicle not company and thus irrelevant"
I'm going to call you out on this one - actually it does have relevance.....

If he drives to work then he is going to his place of work, as he is going to work then the work has a duty of care to the individual and they can ask to ensure that he is insured and legal. and that said car is legal.

Its the law....

http://www.hse.gov.uk/pubns/indg382.pdf

The leaflet applies to any employer with employees who drive, or ride a motorcycle or bicycle at work, as well as self-employed people. It also applies to those using their own vehicle for a work-related journey. It will be particularly valuable to those responsible for fleet management. Employees and their safety representatives will also find it helpful. Employers with large goods vehicles (LGVs) or passenger carrying vehicles (PCVs) may also be subject to specific legal requirements that take priority over the general advice given here.

yes a bit of grey if you are going to and from a regular place of work is mentioned.

anonymous-user

84 months

Monday 16th April 2018
quotequote all
Tell them you don't drive to work.

Can't see any valid reason why would they need this information, unless you do any driving for work at all.

55palfers

6,374 posts

194 months

Monday 16th April 2018
quotequote all
Unless you drive your own car on company business then I can't see why they need this level of information.


anonymous-user

84 months

Monday 16th April 2018
quotequote all
ruggedscotty said:
I'm going to call you out on this one - actually it does have relevance.....
If the OP is correct it has no relevance.

Flumpo

4,024 posts

103 months

Monday 16th April 2018
quotequote all
ruggedscotty said:
Jasandjules said:
It depends on how ar*y you want to be. You can simply say "Thank you but these are details for my private vehicle not company and thus irrelevant"
I'm going to call you out on this one - actually it does have relevance.....

If he drives to work then he is going to his place of work, as he is going to work then the work has a duty of care to the individual and they can ask to ensure that he is insured and legal. and that said car is legal.

Its the law....

http://www.hse.gov.uk/pubns/indg382.pdf

The leaflet applies to any employer with employees who drive, or ride a motorcycle or bicycle at work, as well as self-employed people. It also applies to those using their own vehicle for a work-related journey. It will be particularly valuable to those responsible for fleet management. Employees and their safety representatives will also find it helpful. Employers with large goods vehicles (LGVs) or passenger carrying vehicles (PCVs) may also be subject to specific legal requirements that take priority over the general advice given here.

yes a bit of grey if you are going to and from a regular place of work is mentioned.
It quite clearly says ‘at work’ and then goes on to use wording about using vehicles and fleets for work.

Not relevant if driving to work at all.

sedatepace

70 posts

104 months

Monday 16th April 2018
quotequote all
Does your employer require class 1 business use on your personal insurance policy?

Do you travel to other sites of business, to meetings or claim mileage using your personal car?


Jasandjules

72,606 posts

259 months

Monday 16th April 2018
quotequote all
No the company has a Duty of Care to ensure that those who drive for the company have correct insurance and MOT. This would also apply to your private vehicle if for example you used it to visit clients, this would fall within "work related".