Using own vehicle to pick up employers goods but breakdown

Hintza

Probably won't have a part time job now either. Why did you get involved?

Incyder

I preffered the term Personel Department to HR.

Yes, as the poster above said, he may become mr unpopular with the boss if the boss now gets in trouble for asking him. Lets hope not, but expect the worst just in case.

Mark_Hewitt

uas109 wrote: »

Hi, my step-son works part time for a large electrical retailer, he was asked to drive to another store in his own vehicle to pick up a TV and was given £15 for petrol. On the way back he broke down - who should be paying for the repairs?
I'm sure that they are mean't to do this and the store manager has gone against company procedure.
Any info would be very grateful.

Cheers

He is, he was willingly using his own vehicle for work and he's entirely liable for that. It's standard practice that you aren't actually paid "for petrol" but instead your are paid "milage" which is meant to cover wear and tear to the car.

The breakdown that occured will do doubt be due to a number of miles of use of that component, the vast majority of which was not on the companies time, therefore they cannot be liable for fixing it, and even then they have compensated him for this as part of the payment anyway.

Ditto what others said about insurance too.

Hammyman

Incyder wrote: »

Is his car insured for business use ?
I expect not, so he broke the law there.

When I worked for Halfords (years ago when it was actually a garage and motorist shop) whenever you used your own car to pick up parts it was covered under the companies insurance. I once had reason to test that when a moron jumped a red light and piled straight into the front of me. They sorted it all.

So its not plain and simple but the OPs son needs to make sure that their company covers them otherwise as correctly stated, he is uninsured.

As to the breakdown, sorry but no go there.

asbokid

Dave101t wrote: »

but he would of broken down anyway, so whats your point?

The OP must argue that his car was never designed to carry such large apparatus. Despite expressing his concerns to his employer, his boss nevertheless ordered him to use it for deliveries. This inappropriate use overloaded the vehicle, straining the engine and the suspension system, causing the breakdown.

Dixons should cough up for the repair bill out of its bumper profits.

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vaio

Meepster wrote: »

Social, domestic and pleasure insurance covers you for travelling to work and back.

Business insurance is only needed for any journeys carried out in relation to work. (i.e. travelling from one business address to another)

That used to be the case but lots of companies now have a separate category for commuting.

My policy has…….

SDP which excludes any work related use

Commuting to a single place of work which covers me home to office

Business use which covers me office to assorted other work related places.

As an old(ish) bloke with a good record the cost difference between the various options is negligible.

As for the OP, we’re told we have a duty of car to check that people using their own car for business use have the appropriate insurance in place.

I THINK I remember reading some case law to the effect that if this wasn’t done and the employee didn’t have appropriate insurance in place then the employer was liable for third party injuries/damage but this wouldn’t cover damage to the employees car and certainly wouldn’t cover breakdowns

Flying-High_2

How old is this Step-son? And why is his Mother on the phone to his employer?;)

photome

Flying-High wrote: »

How old is this Step-son? And why is his Mother on the phone to his employer?;)

I did wonder the same thing.

He could have said no, he didnt and broke down, he would have broke down anyway so why is company liable for bdown costs?

As others have said he may now become Mr unpopular at work

slyracoon

Your son and his company have both commited an offence.

The Road Traffic Act 1988, section 143 makes it an offence for any person to use, cause or permit to be used a motor vehicle on a road or other public place when there is not force a policy of insurance or security against third party risks.

Your son has commited an offence by not having business insurance and his company have commited an offence by permitting him to drive for their business without performing any proper checks regarding insurance.

At my place of work anyone requiring the use of their personal vechile for business use must produce a valid insurance certificate allowing business use and complete a mandate form allowing the comapany to check your license status with the DVLA. Any company not doing this is failing in their duty of care and potentially committing and offence.

The company have no responsibility regarding breakdowns, thats your sons problem. However they should not be paying him cash for petrol he should claim expenses at the HMRC tax free rate of 45p per mile.

Marvel1

If he wasn't doing this errand, it would have broken down anyway surely.

We have been told in work also that if we move from one site to another for a course or something asnd use our own vehicle then to make sure we have busines insurance, if we don't then use the shuttle bus provided.