Date published: 01.09.08 - not release date

Lawyers warn employers over mobile phone clampdown coming into force tomorrow

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DWF419/07
26 February 2007

As the government clamps down still further on drivers using mobile phones, employers should ensure they aren't held responsible if a member of their staff is convicted, says law firm DWF.

As from tomorrow (Tuesday 27 February), the penalties for using a phone while driving increase from an automatic fine of £30 to £60. In addition, three penalty points will now be added to the driver’s licence.

Jon Keeble, partner with DWF warns that employers can be held liable if they require or allow their employees to use a mobile phone, particularly if they insist that staff take business calls whilst driving without using a hands-free kit.

He says: “Employers should make sure in their policies that employees are under no obligation to make or receive calls whilst driving. At the very least they should be using a correctly installed hands-free kit.

“Even then, if driving is poor because the driver is distracted, he or she could still be prosecuted for failing to have proper control of the vehicle. The safest solution is to insist that employees use their mobiles only when they are safely parked.”


Notes to editors:

DWF is one of the fastest growing regional law firms in the UK and has recently merged with Ricksons. With over 800 people based in Manchester, Leeds, Liverpool and Preston, DWF provides a range of services grouped under the following practice areas:

Corporate
Banking & Finance
Litigation
Real Estate
People
Insurance

DWF has developed extensive sector-specific expertise in a number of areas including: automotive, education, food and resourcing. Further information on DWF is available via www.dwf.co.uk

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