Traditionally it has been illegal to drive a motor vehicle in a public place while unfit through drink or drugs. Specific limits have been in place for alcohol for many years, however without specific limits it can be difficult for the authorities to show that someone is unfit to drive through drugs. Under the Crime and Courts Act 2013 the … Read More
Highway Code Updated
The Driver and Vehicle Standards Agency (DVSA) recently announced that the Highway code has been updated to provide more detailed advice on safely using remote control parking and motorway assist functions. Under mobile phones and in vehicle technology rule 149 confirms that You may park your vehicle using a legal hand-held remote control app or device but you should not put … Read More
Happy Birthday Safety Squirrel
The Royal Society for the Prevention of Accidents (ROSPA) recently announced that their road safety mascot, Tufty, has reached his 65th birthday. Originally created in 1953 Tufty has helped to spread safety messages to millions of children. At their height in 1972 there were over 2 million “Tufty Club” members and 24,500 registered clubs. While he may not have been … Read More
Feeling Old And ‘Tyred’
There is concern that as vehicle tyres age they may develop hidden defects and potentially deteriorate to an unsafe condition. The Driver and Vehicle Standards Agency (DVSA) recently announced that if their inspectors find a tyre more than 10 years old as part of their routine heavy vehicle enforcement work, they will carry out follow-up investigations on the vehicle operator. … Read More
Driverless Vehicle Consultation
As technology develops and fully automated vehicles become closer to being a reality in vehicle fleets and on the roads there are a number of issues that need to be resolved. As part of a three year project the Law Commission of England and Wales and the Scottish Law Commission recently launched a preliminary consultation looking at the legal and … Read More
Carbon Steel Safety Alert
Following investigations into an incident in the USE in 2010 where the shell of a heat exchanger ruptured catastrophically, killing seven workers, the HSE have issued a safety alert aimed at the chemical processing and production and general manufacturing sectors. The safety alert concerns the use of carbon steel in applications involving hydrogen (as either a gas or a liquid, … Read More
Liability For Undisclosed Disabilities?
If an employee fails to disclose their disability to you, can they later claim that they’ve been directly discriminated against? Mr Mutombo-Mpania (M) applied for a job with Angard (A), a firm which provides casual workers to Royal Mail Group (RMG). M stated that he was not disabled on his application form and didn’t disclose any disability on his health … Read More
Fake Reference Costs Employee £4,725
An employee has been ordered to pay his employer £4,725 after he provided a fictitious reference, using the name of a Star Wars Character. Damages from employee It is not often that we see tribunal ruling where the employee is ordered to pay their employer damages. However, this is exactly what happened in Francis-McGann v West Atlantic UK ltd 2018. … Read More
EU Employee Status Post Brexit
For months there has been uncertainty over the employment status of EU citizens in the UK in the immediate aftermath of Brexit. The Government has now given some guidance on this issue. At the beginning of November 2018, after months of speculation, the Government confirmed its future plans in relations to the employment status of EU nationals following Brexit. This … Read More
Disciplinary Procedure and Witness Statements
An employee has been accused of serious misconduct. You’ve taken witness statements from several colleagues who say that they “didn’t see anything” should you disclose them to the accused? When an employee is accused of wrongdoing, your starting point is to conduct a full and reasonable investigation, including obtaining written statements from all possible witnesses to the employees’ action. They … Read More