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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can my employee a hgv driver drive my customer's lorry on

Resolved Question:

Hi can my employee a hgv driver drive my customer's lorry on his O licence on a had hoc basis provided insurance is satisfied especially negligence and public liability?
He has appropriate licence for vehicle ,clean licence ,drivers cpc and smart card for tachograph records would this be illegal in any way and whose insurance mine or my customers would be liable should things go wrong ?
We would of course inform our insurance companies prior to active work being carried out.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Why would he be using your customers vehicle and not yours?
Customer: replied 2 years ago.

Because we have three drivers and two vehicles they have two vehicles and one regular driver who can not drive tractor unit.

Expert:  Jenny replied 2 years ago.
I'm not clear whose work he will be carrying out, is it work for you or for them?
In other words is this to perform his duties for you or is it like subcontracting him to them?
Customer: replied 2 years ago.

Sorry , yes we would subcontract him to them.

Expert:  Jenny replied 2 years ago.
Ok thanks, ***** ***** work then he will remain your employee and you will pay him and bill them for his time ?
Customer: replied 2 years ago.

yes that right.

Expert:  Jenny replied 2 years ago.
There is nothing illegal in this. As he is your employee at all times your employer's liability insurance will be required to protect him. As regards ***** ***** it will be their insurance on their vehicle.
If he is working on their job then it should be their public liability insurance that covers any issue with the public. It is probably worth clarifying this is the case with both insurers. If this is clarified then to be sure it will not hurt you to put a written agreement in place for them to indemnify you should a claim be made under your policy in the event he is working for them at the time.
If you have any further questions 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.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much indeed you have been very helpful I shall place a rating now .

Expert:  Jenny replied 2 years ago.
thank you and all the best with this.