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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?
I am going to opt out as this is criminal rather than employment law. Good luck.
I am a criminal law barrister and will help with your question -
how did you know he was using his phone?
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?