Should you be afraid of a Grey Vehicle?
Aug 27, 2010
Slightly bizarre question but a grey vehicle is basically an employee’s vehicle which is being used for your business.
Why is that important to me, it’s their vehicle, I hear you ask.
Well the Health & Safety at Work Act 1974 states that:
"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees."
This basically means that both management and employees can be prosecuted for road traffic crashes involving work-related journeys, even when the driver is using their own vehicle.
Unfortunately this means it is up to you as an employer to make sure that the employees vehicle is fit for purpose, i.e. in a serviceable condition with an MOT, if required, and that the vehicle is insured for business purposes. Even a quick trip to the bank is deemed to be a business trip.
Failure to do such checks could land you as an employer into seriously unwanted territory and, if taken to a worst case scenario, could involve prosecution under The Corporate Manslaughter and Corporate Homicide Act 2007 if it can be proved that you are responsible for a gross breach of duty of care relating to an employee driving for work and that death has resulted from this breach. For example letting them drive to the bank with bald tyres and no insurance in the snow!!!
A horrifying thought I think you will agree. But what can you do to tackle this potential liability.
For more information, please contact Mark Dalton - mark.dalton@wilbyltd.co.uk or download a PDF guide for steps on managing a grey vehicle.
