All commercial vehicle operators are required to give several specific undertakings when applying for a Goods Vehicle/Public Service Vehicle Operator’s Licence. All but one of these undertakings concern, either directly or indirectly, the conduct of the operator’s employees and those engaged in a self employed capacity.
An essential part of showing that these undertakings are being complied with is to be able to demonstrate that employees and others providing self employed services have been provided with clear instruction and guidance as to what is expected of them during the course of their employment with/engagement by the Operator and the sanctions that will be imposed if they fail to adhere to those instructions.
Operators must therefore provide all employees and self emplyed service providers with clear written instructions as to what is expected of them while carrying out their duties during the course of their employment or provision of service.
On 4th December 2011 changes were introduced which changed the law with respect to Transport Managers who are now either “internal” (employee) or “external” (self employed) appointments. The legislation now states that the Transport Manager is a person “designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking’. The Statutory Senior Traffic Commissioner’s Guidance and Directions indicates that which ever the basis of engagement there will be a contractual relationship. A contract does not have to be in writing to be enforceable, but without recording the terms in writing it can be difficult to evidence the contract and have certainty as to its terms. Our contracts are designed to address this.
Contract of Employment
In order to achieve best practice standards, operators should issue all employees with a comprehensive written contract of employment confirming the terms and conditions which their employment with the operator is subject to.
As an employer, operators have a statutory obligation in any event to provide their employees with written particulars of their main terms and conditions of employment no later than two months after the start date of their employment.
We are able to provide operators with comprehensive contracts of employment and job descriptions, specifically tailored to reflect the particular requirements of the operator’s business for the following employees:
- Transport Managers;
- Traffic office staff;
- Warehouse staff;
- Workshop staff; and
- All other office staff.
Operators should also issue all employees with a comprehensive Employee Handbook that provides employees with clear written instructions as to what is expected of them whilst carrying out their duties during the course of their employment.
We are able to provide operators with a comprehensive Employee Handbook, which is a bespoke product specifically tailored to reflect the unique policies and style of the operator’s business.
Part 1 of the Employee Handbook sets out the rules, procedures and policies that are in place to protect employees and to ensure that the operator’s business is a safe, efficient and happy place to work. These include arrangements for managing sickness absence, procedures to be followed in relation to accidents, the operator’s rules in relation to the use of telephones and the operator’s smoking policy.
Part 2 of the Employee Handbook sets out the operator’s policies for dealing with issues such as discipline and dismissal, grievances, maternity and stress.
Part 3 of the Employee Handbook sets out the Drivers’ Handbook. This sets out the responsibilities of drivers employed by the operator in relation to all aspects of compliance including drivers’ hours and tachographs, daily vehicle inspections, working time, the use of mobile telephones and smoking.