Prison or £20,000 fine for firms that ignore employees' dangerous cars.

Companies and managers that fail to ensure the roadworthiness of their employees’ own privately-owned cars could face fines of up to £20,000, or even imprisonment.

Cheshire solicitor Nicola Winslett is warning businesses to ignore newly extended health and safety laws at their peril – and says those laws could have severe implications for employers of staff who use their own poorly-maintained private cars on company business.

“The Health and Safety Offences Act 2008 has been updated to give lower courts the power to impose higher fines for health and safety offences as a deterrent to those businesses and individuals that don’t take their H&S responsibilities seriously,” said Nicola Winslett, Personal Injury partner at SAS Daniels LLP.

“This can include cars. If companies do manage health and safety well then they have nothing to fear from this change in law – there are no new duties on employers or businesses, and HSE is not changing its approach to how it enforces health and safety law.

“But to those who knowingly cut corners, put lives at risk and gain commercial advantage over competitors by failing to comply with the law – fines of up to £20,000 may be incurred, or prison sentences imposed in the worst cases.

“It’s a minefield of ever-changing legislation, so if a company is in any doubt or confusion, then it’s time to consult a solicitor.”

While every element of working conditions is under scrutiny, companies who have a salesforce on the road may be most at risk. The new Act could be used to prosecute employers whose management failings resulted in a car accident that was caused by, for example, illegal or unsafe tyres, a poorly maintained vehicle or an employee being forced to work long hours.

“More and more companies are offering increased salary in lieu of a company car, employees are buying their own vehicles as a result – but companies need to monitor the upkeep of those vehicles – even where they may belong to the employees and not the company,” said Nicola Winslett.

“If it’s being used for company business in works time and there is no evidence of an employer monitoring, reviewing and implementing road safety measures, charges could result.”

SAS Daniels LLP is Cheshire’s biggest law firm, with offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

Ends

For more information contact Nicola Winslett