Court case reminds employers they could end up in the dock if their staff use mobiles when driving

Employers have been warned to remember law are ‘tighter and more prescriptive' and if they do not make the rules of the road clear to staff, they could end up in the dock under the Corporate Manslaughter and Corporate Homicide Act.

According to Chris Chandler, senior consultant at Lex Momentum, in the event of an accident involving any employee who is on a journey commissioned by their employer, the employer could be judged to have failed in their duty of care if the staff member has an accident because they were using a mobile phone - even a hands-free set.

Chandler said: "In a case like this, the employer will be called to court to prove they had procedures in place to warn staff drivers not to use mobile phones and to comply with health and safety regulations. Although it lies with the employee to follow the rules of the road, the employer must have a correct safety policy in place. They must have rigorous rules on mobile phones."