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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22813
Experience:  Senior Partner at Berkson Wallace
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Is it legal for a car apprentice to be allowed to conduct

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Is it legal for a car apprentice to be allowed to conduct test drives on a customers car with his mentor in the passenger seat if he is 22 and has a clean driving license?
JA: Where is he? It matters because laws vary by location.
Customer: He is in Peterborough and is an apprentice at Jaguar Landrover
JA: What steps has he taken so far?
Customer: He has a temporary phobia about being a passenger in test drives, however he is fine to be the driver. All other aspects of his work are good. He is half way through CBT training to overcome this, but his manager has sent a letter saying he may not pass him for his probationary period unless he can sort this out. He is sorting it out actually, but meanwhile I wondered if he could suggest being the driver on the test drives with his mentor in the passenger seat,
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that they have said that all his other work is very good, and he has another two years of training where he can make do extra work in this area if he needs to once he's resolved the problem.

My first reaction was that I couldn’t see what the problem is here.

There is nothing whatsoever but I can think of that would be a problem in doing what as proposed.

 

 

The potential problem is the lack of training because of the mentor is driving the men talking demonstrate whatever it is that being tested which he can’t do from the passenger seat.

 

Further, at some stage, a customer may require the mechanic to come out with the customer for the customer to replicate a particular problem and if the mechanic couldn’t do that then he is not actually capable of doing the job.

 

Now: having said all that, under the Equality Act the employer is a duty to make reasonable adjustments for the disability and for the purposes of the Act this is a disability but it depends whether this adjustment would be deemed to be reasonable bearing in mind the size of the employer and also, importantly the nature of the job and even more importantly exactly what the effect would be of the required adjustment.

 

So whilst there is nothing wrong with what is being proposed, what is extremely important is, what would the problem be if the apprentice could not sit in the passenger seat while being driven?

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Many thanks for your reply. I forgot to say that my son was able to be a passenger on road test drives earlier in the year and has always been and is currently a passenger on test drives on the compound. It's just the road drives that at the moment he can't do, but he is gradually overcoming this problem. I just don't want them to dismiss him at this point as he loves the job.