How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

Good morning

Customer Question

Good morning. My name is***** and I work for a specialised access company based in Milton Keynes. My employer provides me with a company car to undertake my daily duties, most of my work is in Milton Keynes and drive to and from my office daily but occasionally drive direct to site from home. My car has a tracker fitted which monitors everything about my driving habits, I do not have any problem with the tracker being in the vehicle. My Operations manager has called me on 2 occasions and asked if I could watch my speed when on the road.: I have dutifully slowed down and now observe speed limits. My question is .... whilst traveling to and from work and weekends is this my own time ? the only time when I have exceeded any speed limit is in my own time, can the company legally call me tell me about my speeds when its not during work hours or not at work? I have nothing in my contract at all that relates to a tracker being fitted or that it will be monitored or is it mentioned in our employee handbook. I understand the need to obey the speed limits, but if I choose to go to Tesco on a Saturday afternoon and speed can the company say " that I must slow down" on any occasion outside of work? Many thanks Mr XXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Does your employer pay for all of your fuel or only for work related journeys?

JACUSTOMER-hjegz3u1- :

Hi Jenny

JACUSTOMER-hjegz3u1- :

My employer only pays for work related fuel, I do not use the car for any personal use as I have another private vehicle at home. Thanks P

taratill :

Ok if this is the case why would the tracker pick up the speed at the weekend for private journeys or is this a hypothetical question?

JACUSTOMER-hjegz3u1- :

Hi

JACUSTOMER-hjegz3u1- :

The tracker is on whilst the car is running or the ignition is on, even if you take out of the equation the weekend scenario to and from work Monday to Friday it is also on.

JACUSTOMER-hjegz3u1- :

My question still remains.

JACUSTOMER-hjegz3u1- :

If I leave home at 6am and travel to work it takes me approx 50 minutes to get to work. I then travel home at 16.30pm and it takes me 60 minutes approx, the 1hour 50 minutes of driving time I am in the vehicle Monday to Friday if I speed can my employer tell me that I must obey the speed limits when travelling to and from work. This is my own time ? thanks

taratill :

it is an interesting question. Is the car marked with the employer's logo or anything to identify the employer?

JACUSTOMER-hjegz3u1- :

Hi the car is not marked with any logo, its just an ordinary black Audi A3 , just the same as any other.

taratill :

And to be clear travel to and from work is at your cost (you pay the petrol)?

JACUSTOMER-hjegz3u1- :

to be clear... I have a company fuel card to put fuel into the car, Because my job occasionally requires that I drive to another site, and it maybe hundreds of miles away.

JACUSTOMER-hjegz3u1- :

I guess that because I have a company fuel card... the times I am driving to and from work in Milton Keynes and to and from other sites nationwide that all the fuel is paid for by the company.

taratill :

Ok thanks for the clarification. The law on monitoring of employees, whether through a vehicle tracker or otherwise is set out in the Data Protection Act 1998. The law says that monitoring should not be covert, in this case it is not as you are aware that there is a tracker, and should not be excessive. You can argue that monitoring your speed on the way to and from your normal place of work is excessive and raise a complaint with the Information Commissioner. I am not 100% sure that making you aware that you are speeding on the way to work would be deemed to be excessive monitoring. Particularly if the vehicle bleongs to the company and any fines (penalty points) would need to administered via the company. This is particularly the case if driving forms an essential part of your work.

taratill :

You are obviously well within your rights to raise a grievance about this at work and hopefully this will lead the employer to refrian from monitoring non work trips.

taratill :

If they do not you can raise a complaint with the Information Commissioner. You will find details of how to do so on the following website www.ico.org.uk

taratill :

If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-hjegz3u1- :

Thanks for the advice. P

Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Not overly pleased with the answer, was hoping for a yes they can or no they cannot, all you have told me is what I already knew and could have found from any online forum, very disappointed and would like a refund.

P