Company Car - Fitted with GPS tracker (speeding "issues")...
Company Car - Fitted with GPS tracker (speeding "issues")...
Author
Discussion

CoolVX

Original Poster:

60 posts

194 months

Monday 11th October 2010
quotequote all
I hope this is in the right section, please move if not...

My company car has a GPS tracker installed, so that the head office can monitor the whereabouts of their employee's etc. It also records the speed of my car 24/7.

I have received an email from HR at the weekend, saying that my speed was dangerous unacceptable etc etc. Yes, I may have exceeded the motorway speed limit and I admit that. They are looking at going down the disciplinary route for some reason?

Now my question is this - Can they discipline me for speeding? There is nothing in my contract or in the company car handbook which mentions speed restrictions. All it says is that your car is monitored by GPS to allow the office to see where employee's are etc. Nothing mentioned about speeding/speed restrictions.

Can I tell them to shove it or do they have a case?

Plotloss

67,280 posts

295 months

Monday 11th October 2010
quotequote all
Simply ask them to point out the specific rule that you have broken leading to the disciplinary.

vonhosen

40,597 posts

242 months

Monday 11th October 2010
quotequote all
I doubt it will be speeding specifically but under a more general appropriate conduct clause.

Toni896

2,188 posts

251 months

Monday 11th October 2010
quotequote all
Maybe the fact you broke the law is enough for them ... out of interest what speed are they calling dangoues ..

arfur daley

834 posts

191 months

Monday 11th October 2010
quotequote all
dangoues?

streaky

19,311 posts

274 months

Monday 11th October 2010
quotequote all
arfur daley said:
dangoues?
I searched and the second hit was a Youtube video of a playground roundabout, captioned: "the mary go round is dingoes" ... which is of no explanation but could have a certain significance wink - Streaky

elanfan

5,527 posts

252 months

Monday 11th October 2010
quotequote all
I think it is relevant as to whether this was in your own time or the company's. I think some cars in my company are monitored (at the choice of the employee but they can turn it off).

If the company did not tell you in advance that they would be monitoring your speed I think they can do little about.

Secondary point - is it only you that is allowed to drive it? - how do they know it was you driving?

DaveL86

884 posts

202 months

Monday 11th October 2010
quotequote all
Not sure about the legal aspects of using something like this in the future but:

http://www.jammer-store.com/gp5000-car-use-gps-jam...

$130 (~£80) with free shipping sounds like a bargain for your privacy...

CoolVX

Original Poster:

60 posts

194 months

Monday 11th October 2010
quotequote all
Plotloss said:
Simply ask them to point out the specific rule that you have broken leading to the disciplinary.
Ah, Good point. Will do, cheers!

vonhosen said:
I doubt it will be speeding specifically but under a more general appropriate conduct clause.
Yeah, no doubt. The company is quiet good at making sure they can discpline any "offence"...

Toni896 said:
Maybe the fact you broke the law is enough for them ... out of interest what speed are they calling dangoues ..
I think I was driving around 0.85 leptons on a 3 lane empty motorway, is that classed as dangerous? I must add that I was still the slowest car on the road...

elanfan said:
I think it is relevant as to whether this was in your own time or the company's. I think some cars in my company are monitored (at the choice of the employee but they can turn it off).

If the company did not tell you in advance that they would be monitoring your speed I think they can do little about.

Secondary point - is it only you that is allowed to drive it? - how do they know it was you driving?
I was heading home, which was a 70 mile drive along an empty 3 lane motorway. I would class that as in work time, yes??

They told us verbally that the speed was being recorded but they keep changing the limit at which we cant exceed.

The car is monitored during work time and in my own time. They say they dont monitor journeys during an employee's own time, but we still cant "speed". Can they do that?

Im the only person who can drive the car...

Edited by CoolVX on Monday 11th October 20:03

spaximus

4,364 posts

278 months

Monday 11th October 2010
quotequote all
We are going through this with our works vans. The issue is HR and H&S bods have frightened directors with tales of how they are all going to go to jail if an employee has an accident. So they install trackers and every time a speeding offence is recorded it vindicates the HR HS so they want action. So we now have every driver RAC trained, every time excess speed is recorded we discuss the matter with the staff member and if the speed was reckless ie 60 in a 30 outside a school at home time, then we could take formal disciplinary action.
The directors are now feel that they have, A done the right thing with training,B have a policy that is fair and will show that we do not condone speeding and will take action.

The thing is it is so full of holes but that is the justification. I would suspect your company will have a similar issue.

eldar

24,962 posts

221 months

Monday 11th October 2010
quotequote all
spaximus said:
We are going through this with our works vans. The issue is HR and H&S bods have frightened directors with tales of how they are all going to go to jail if an employee has an accident. So they install trackers and every time a speeding offence is recorded it vindicates the HR HS so they want action. So we now have every driver RAC trained, every time excess speed is recorded we discuss the matter with the staff member and if the speed was reckless ie 60 in a 30 outside a school at home time, then we could take formal disciplinary action.
The directors are now feel that they have, A done the right thing with training,B have a policy that is fair and will show that we do not condone speeding and will take action.

The thing is it is so full of holes but that is the justification. I would suspect your company will have a similar issue.
Drive everywhere at 5mph. They'll get the message.

CoolVX

Original Poster:

60 posts

194 months

Monday 11th October 2010
quotequote all
spaximus said:
We are going through this with our works vans. The issue is HR and H&S bods have frightened directors with tales of how they are all going to go to jail if an employee has an accident. So they install trackers and every time a speeding offence is recorded it vindicates the HR HS so they want action. So we now have every driver RAC trained, every time excess speed is recorded we discuss the matter with the staff member and if the speed was reckless ie 60 in a 30 outside a school at home time, then we could take formal disciplinary action.
The directors are now feel that they have, A done the right thing with training,B have a policy that is fair and will show that we do not condone speeding and will take action.

The thing is it is so full of holes but that is the justification. I would suspect your company will have a similar issue.
Sounds exactly like my employer.

I questioned one of the company directors on the issue, and his reponse was that they have a "duty of care" and mentioned some H&S crap - in others words, covering their arse's...

vonhosen

40,597 posts

242 months

Monday 11th October 2010
quotequote all
Our company cars have had Data Recorders etc for years.

CatherineJ

9,586 posts

268 months

Monday 11th October 2010
quotequote all
Our company have fitted trackers to all our service vans and it's alleged that the company cars are getting them fitted too. I decided to opt out of the car scheme over 12 months ago, so not something i'll have to contend with when the car fleet is replaced.

M5 Mark

1,674 posts

196 months

Monday 11th October 2010
quotequote all
Find a mate with a 200mph car or bike, strap the tracker to it, quick blast then wait for the call. Point out the system must clearly be faulty as no way the company van/mondeo/vextra could do that speed.... no more HR phone calls smile

saaby93

32,038 posts

203 months

Monday 11th October 2010
quotequote all
DaveL86 said:
Not sure about the legal aspects of using something like this in the future but:

http://www.jammer-store.com/gp5000-car-use-gps-jam...

$130 (~£80) with free shipping sounds like a bargain for your privacy...
Have car thieves discovered these yet?

CoolVX

Original Poster:

60 posts

194 months

Monday 11th October 2010
quotequote all
M5 Mark said:
Find a mate with a 200mph car or bike, strap the tracker to it, quick blast then wait for the call. Point out the system must clearly be faulty as no way the company van/mondeo/vextra could do that speed.... no more HR phone calls smile
Lend me your M5 then mate wink

GPS tracker is hard wired somewhere hidden, so can't use the tin foil/disconnect it trick.

So does anyone know if they can pursue this disciplinary action then? I'm up for a fight over it as its annoyed me for sometime now....

vonhosen

40,597 posts

242 months

Monday 11th October 2010
quotequote all
CoolVX said:
So does anyone know if they can pursue this disciplinary action then? I'm up for a fight over it as its annoyed me for sometime now....
The more pertinent question is can you successfully fight it.

Fish

4,061 posts

307 months

Monday 11th October 2010
quotequote all
I think the main point is it was on your commute home which is not part of work time. The only issue I could see from works perspective is if the car is logo'd and thus you could be seen to be setting a bad example of the company image.

Personally if they haven't communicated to you what is considered reasonable use in the contract/employee handbook which is unenforceable anyway outside work time I'd say sorry I'm not willing to discuss and please confirm private motoring will not be monitored. If deemed to be in work time then they must accurately state what is reasonable and acceptable behaviour. (I'd then purchase a GPS blocker...)


streaky

19,311 posts

274 months

Monday 11th October 2010
quotequote all
The company is (only) on a sticky wicket if you can show that you had no opportunity to read the relevant HR policy. It's not uncommon for 'a breach of the law' (wording of which sort would include speeding) to attract the disciplinary process - Streaky