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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13326
Experience:  Solicitor with more than 30 years experience
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We are a temporary employment agency. If we hire someone who

Resolved Question:

We are a temporary employment agency. If we hire someone who is happy to drive themselves and other people to a job, to all work that job, how does it work with their insurance. I.e. if we tell them at the point of interview that they will need to get extra insurance on their car and in our T's and C's it says that they are responsible to get
their own insurance, then where do we stand if they don't have that insurance?
So Can we say in our T's and C's:
'You [the candidate] agree that you alone are responsible for ensuring you have adequate car insurance when driving yourself and colleagues to and from a shift and understand that [our company] is not responsible.'
- we would like also to pay those that drive an extra £1 per hour to help cover this extra cost.
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi thanks for your question. If what is happening here is that someone is driving colleagues to a work location at the beginning of the day and given them a lift home at the end of the day then there should be no issue here as you should have no liability of the vehicle. If on the other hand the vehicle was being used as part of the days work say ferrying people selling door to door something similar , then you may have an issue as the you could be vicariously liane for the employee driving and would need to make sure he/she was insured.
In the first case I think it would be within most normal insurance anyway but if it was being used for business then it might require an extension to the policy so you should see the cover note to check
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Customer: replied 3 years ago.

Thanks for this so the question is, if it does require an extension to the policy (which most insurers would say it does) then will the disclaimer we wrote in our first note to you (see below) be enough if we tell the candidates that they need to be insured.

'You [the candidate] agree that you alone are responsible for ensuring you have adequate car insurance when driving yourself and colleagues to and from a shift and understand that [our company] is not responsible.'

Thanks.

Expert:  Senior Partner replied 3 years ago.
If he is contractually bound to give the lift and being paid for it then yes he would need commercial insurance . Your clause is fine as between you and him but you should check he has the insurance in any event as a precaution.
Customer: replied 3 years ago.

sorry one last question, i forgot to mention that the candidates can get paid travel time, so time spent travelling to and sometimes from work. could that be misconstrude as the candidates 'working' when they are sat in the car and therefore the car being used for 'work purposes'? They can also get travel time if they get the train and sometimes the bus.

Thanks.

Expert:  Senior Partner replied 3 years ago.
If they are paid to travel then yes they are arguably working during that period. Ideally if you want avoid any question of vicarious liability for them you should specify their place of work as being the locate they are travelling to and describe the travel pay as an allowance for working there.
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