17 January 2005

In an ever increasing mobile workforce, the company mobile phone is now a key tool for those on the go. Company mobile phones are increasingly being handed out to employees without much thought for the potential ramifications.

BBC News recently reported that research shows using a mobile phone for 10 years or more increased the risk of ear tumours by four times. Although the current research available is by no means conclusive, employers should act responsibly and measures should be put in place, when issuing employees with company mobile phones.

In a case reported recently, an employee caused a fatal accident while using a mobile phone in the course of his employment. The employee is due to be sentenced shortly and he could well face a prison sentence.

All employers should now be aware that it is illegal to use a hand held mobile phone whilst driving and they should not therefore require their employees to answer calls whilst in control of a vehicle. Even if the car is stationary in a traffic jam or at traffic lights, it is still not legal to use a hand held mobile phone. We advise employers to have a telephone policy which makes it clear that employees should not use their mobile phone whilst driving and that you do not expect them to answer or initiate calls in such circumstances. 

The importance of having a policy was emphasised by the case referred to above. The employer could also have been prosecuted for causing or permitting its employee to use a mobile phone while driving, but avoided criminal charges because it had given its staff clear written rules on this issue. Its handbook specifically prohibited employees from using mobile phones whilst in control of vehicles and it was able to prove that the employee in question had signed for the handbook. Had they not had such a policy, the company would have had difficulty defending criminal charges and could have been faced with a substantial fine and/or corporate manslaughter charges. Its directors could also have faced a charge of involuntary manslaughter which carries a maximum life sentence. 

If it is fundamental to your business that employees are contactable whilst driving, you should provide them with a hands free kit. Even then, your policy should make it clear that you do not require your employees to make or answer calls in difficult driving conditions. For instance, they should not use the hands free kit when driving in the fast lane of a motorway, when driving in built up areas or where weather conditions are particularly bad.   
Given the conflicting research and the possibility of personal injury claims in the future, employers should take precautionary steps in order to lessen or even prevent liability altogether.