Employee dilema.

  Blackhat 21:34 25 May 08
Locked

I am about to ask a hypothetical question but I will start with facts behind it; I employ 1 delivery driver name MrT who is excellent in his job. I have received a notice of a speeding fine for my delivery vehicle (39 in 30 zone), having checked my delivery schedule it does coincide with a delivery made by MrT. The notice carries a fine and 3 points on his license. I have instructed MrT to pay the fine and take the points.

Theory; If by taking the points MrT were to loose his license (due to points from personal circumstances) I would loose a good employee and need to recruit another driver and MrT would be unemployed and unemployable as a driver.

Question; I could state that any 1 of my 10 staff were driving at the time, would you loose a good employee or use anothers ID and pay the fine?

  Jollyjohn 21:43 25 May 08

I would go to court (MrT) and plead exceptional hardship if he were to loose his licence. Depending on exactly what, where & when the previous points were for he may be ok.
I understand the fine for failing to disclose the driver of a vehicle is up to £4000
If the vehicle has a tachograph and you cant produce the chart you are opening another can of worms.
Even if the vehicle does not have a tacho and you run a delivery business you may find yourself in trouble for failing to keep adequate records.

  bremner 21:56 25 May 08

Firstly the other driver would hypothetically have to except the hypothetic responsibility.

Then together you hypothetically commit the very serious offence of attempting to pervert the course of justice for which you could hypothetically be sentenced to many years in prison.

Don't be a hypothetic fool, MrT committed the offence and will have to face the hypothetic consequences.

Honesty is the best policy.
The member of staff you use to conceal etc could bite you in the bum one day.
"use anothers ID and pay the fine"
its a judgement call but...No
Question; I could state that any 1 of my 10 staff were driving at the time, would you loose a good employee or use anothers ID and pay the fine?
Answer
Lose the good employee- 1000%

  Blackhat 22:05 25 May 08

Just to clarify, the real stuation is resolved, MrT has the points and done a day course instead of the fine.

I do not run a delivery business, I am manufacturing and deliver goods to trade customers hence no Tacho in the cab. Hypotheticaly I could have disclosed the driver as MrX if MrT was to loose his license, that was the question? would you consider it to save an employees job? I had to consider it myself before confirming that MrT did not have as many points on his license as I thought.

  anskyber 22:08 25 May 08

No.

It's illegal. The justification is irrelevant and if it were to be considered Mr T should still lose his job, he managed to accumulate the other points after all.

  Jollyjohn 22:09 25 May 08

Phew - Honesty is the best policy and there are often alternatives offered to fines these days as you found out.

Hypotheticaly I could have disclosed the driver as MrX if MrT was to loose his license, that was the question? would you consider it to save an employees job?
yes to consider...but ultimately the answer would be no.

  birdface 22:54 25 May 08

Hypothetically ,It Does not work like that.If the speed camera also took a picture of the driver.Both he and the stand in would be prosecuted and may even be sent to prison.So not worth the risk.

  birdface 23:17 25 May 08

I'm afraid it is a case of a professional driver who maybe drives up to 100.000 miles a year gets the same penalty as a casual driver who maybe does about 5.000 miles a year.To me the law needs to be changed to give the professional driver more scope to keep their job.Maybe instead of getting banned for having 12 penalty points on their license maybe make it 18 points.Of course if it is anything serious they should loose their license like the rest of us.But some of the points are actually for doing 3-4 Mph over the speed limit.I spoke to one old guy who had been a driver most of his life with no speeding fines.Then got 2 in the one week.And one of those was doing 2 Mph over the limit.He was really upset with the prospect of maybe loosing his license and his job. I think the best thing you can do for your driver is install one of the latest route finders in his van it also warns you of any speed cameras in the area.And warns you if you are driving above the speed limit.So if you spend £200-£400 on one of those which is tax deductable you will have your driver for a longer time.Worth thinking about.

  Blackhat 23:34 25 May 08

Thanks for the advise regarding latest route finder, worth considering!

Regarding other responses, they are what I was expecting but considering MrT has worked for the company for 5+ years and goes beyond the call of duty often and may also have lost his accomodation as his landlord does not take benefit tennants it is not always so black and white when you have a close relationship with an employee! He has never previously incured any penalty in a professional capacity.

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