Employment Contract Driving Questions.
Discussion
Next year, my newish business may start employing. As some of you know, its driving events and its something that grew from "having fun" into a proper business.
When we start employing, I feel that the staff should reflect some of the values of the business and events, for instance keeping a clean license and maybe even the IAM Advanced Driving license and generally good driving.
We are talking proper staff here and not receptionist type staff, eg staff that will be out and about for part of the year.
I'm pretty sure I can dismiss someone if they get banned - I mean they will be pretty useless at that point, but can i give a written warning if they get points for instance? Also, how do I encourage staff to pass an Advanced Driving Test? Can I make it part of the employment contract?
At the end of the day, driving is part of the business, and the field staff do need to have some authority and competance when telling others (teams) about their driving.
When we start employing, I feel that the staff should reflect some of the values of the business and events, for instance keeping a clean license and maybe even the IAM Advanced Driving license and generally good driving.
We are talking proper staff here and not receptionist type staff, eg staff that will be out and about for part of the year.
I'm pretty sure I can dismiss someone if they get banned - I mean they will be pretty useless at that point, but can i give a written warning if they get points for instance? Also, how do I encourage staff to pass an Advanced Driving Test? Can I make it part of the employment contract?
At the end of the day, driving is part of the business, and the field staff do need to have some authority and competance when telling others (teams) about their driving.
tinman0 said:
type staff, eg staff that will be out and about for part of the year.
I'm pretty sure I can dismiss someone if they get banned - I mean they will be pretty useless at that point, but can i give a written warning if they get points for instance? Also, how do I encourage staff to pass an Advanced Driving Test? Can I make it part of the employment contract?
If it's that important to you, then yes, you need to get it into the Employment Contract. (The warning/dismissal for points/ban) Likewise regarding the AD test, give them a probationary period that they need to pass the test within. No pass test, no pass probationary.I'm pretty sure I can dismiss someone if they get banned - I mean they will be pretty useless at that point, but can i give a written warning if they get points for instance? Also, how do I encourage staff to pass an Advanced Driving Test? Can I make it part of the employment contract?
Regards,
Rich
Whilst I like the premise, there are certainly some 'fairness' issues here.
Whilst if someone gets a drink driving ban, the outcome is obvious, I think you may have to be more careful about lesser offences for other reasons. I think hot water may brew as unless it can be shown that a clean licence is required for their job, 3 points (or more) will not affect their ability to do their job properly. Indeed if you were to start disciplinary action, I can see this being responded to in a negative way in both a legal sense and a personal one.
From the legal sense, lets say you had an 'all right' employee. Gets on with his work with only minor issues. Later on over some larger issues he wants to leave, or indeed you want rid. "My boss even had it in for me so much I got a written warning for getting 3 points for my driving outside work!"... You are getting into a minefield of wrongful and constructive dismissal claims there.
From a personal sense, I am sure that most people really don't want to get points anyway due to the fact that as well as the £60, their insurance is higher. If you were to haul them in for a disciplinary on top of this I can hardly see this as being a way of gaining support from your employees!
The third issue is one which is close to my heart after being accused twice of traffic offences I know I was innocent of. Luckily the first time I was able to defend myself and was found not guilty, but the second time, despite great financial cost to me I was convicted and my appeal failed. To heap a disiplinary on top of this for me would have at the time seen me raise a couple of fingers and a brisk walk in the opposite direction!
Similarly, what do you do if the employee end up taking the £60 FPN as they dont have the ability to defend themselves and win but swears blind they are innocent? Do you warn or not? Either way, you are screwed from an employment point of view as you set a prescedent either way...
My advice would be to always offer a 'carrot' than warn a 'stick'. The problem with sticks is that they hurt, and people dont like you afterwards. Similarly, if you don't use the stick and use your discretion, you are then seen as impotent.
Rather than that, dangle a carrot. As a recognition of higher skills and qualifications, then it would be much better to offer an X wage rise for those with the AIM qualification.
Whilst if someone gets a drink driving ban, the outcome is obvious, I think you may have to be more careful about lesser offences for other reasons. I think hot water may brew as unless it can be shown that a clean licence is required for their job, 3 points (or more) will not affect their ability to do their job properly. Indeed if you were to start disciplinary action, I can see this being responded to in a negative way in both a legal sense and a personal one.
From the legal sense, lets say you had an 'all right' employee. Gets on with his work with only minor issues. Later on over some larger issues he wants to leave, or indeed you want rid. "My boss even had it in for me so much I got a written warning for getting 3 points for my driving outside work!"... You are getting into a minefield of wrongful and constructive dismissal claims there.
From a personal sense, I am sure that most people really don't want to get points anyway due to the fact that as well as the £60, their insurance is higher. If you were to haul them in for a disciplinary on top of this I can hardly see this as being a way of gaining support from your employees!
The third issue is one which is close to my heart after being accused twice of traffic offences I know I was innocent of. Luckily the first time I was able to defend myself and was found not guilty, but the second time, despite great financial cost to me I was convicted and my appeal failed. To heap a disiplinary on top of this for me would have at the time seen me raise a couple of fingers and a brisk walk in the opposite direction!
Similarly, what do you do if the employee end up taking the £60 FPN as they dont have the ability to defend themselves and win but swears blind they are innocent? Do you warn or not? Either way, you are screwed from an employment point of view as you set a prescedent either way...
My advice would be to always offer a 'carrot' than warn a 'stick'. The problem with sticks is that they hurt, and people dont like you afterwards. Similarly, if you don't use the stick and use your discretion, you are then seen as impotent.
Rather than that, dangle a carrot. As a recognition of higher skills and qualifications, then it would be much better to offer an X wage rise for those with the AIM qualification.
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