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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75742
Experience:  Over 5 years in practice
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As an employer am I obliged to report a driver for using his

Customer Question

As an employer am I obliged to report a driver for using his phone while driving a company vehicle
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Hr have received video evidence from a passenger in the lorry
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees only. We will discipline internally but need to know whether we should also inform the police
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 4 months ago.
Category: Law
Expert:  Jenny replied 4 months ago.

Hello my name is***** ma a solicitor and I am happy to help you today. How log have they worked for you and were they driving a commercial vehicle?

Customer: replied 4 months ago.
They have been here over two years and they were driving a commercial vehicle. Our own internal process is clearly defined but we need to know if we also need to inform the police?
Expert:  Jenny replied 4 months ago.

I am going to opt out as this is criminal rather than employment law. Good luck.

Expert:  Jo C. replied 4 months ago.

I am a criminal law barrister and will help with your question -

how did you know he was using his phone?

Customer: replied 4 months ago.
We received a video taken by another member of the team who was in the cab
Customer: replied 4 months ago.
Hi Jo. Did you receive my response?
Expert:  Jo C. replied 4 months ago.

Thank you.

You are not under a legal obligation to report this to the police.

You might have vicarious liability in civil law though if there is a collision and you knew that this particular driver was doing this.

But nobody in the UK can be compelled to make reports save for a very limited number of exceptions.

Can I clarify anything for you?