Driving for Work: Employer Liability and Fleet Risk

Every week, someone employed by a UK business is seriously injured or killed on the road while driving for work. When that happens, the question that follows is almost always the same: did the employer do enough to manage the risk? For many businesses, the honest answer is no, and the legal and financial consequences can be severe.

Legal commentators have warned that firms may be significantly underestimating the risk exposure that comes with driving for work (Fleet News, 2024). This post explains what those risks are, what the law requires, and what a proper risk management programme actually looks like in practice.

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What does "driving for work" mean?

Driving for work covers any journey an employee makes in the course of their employment, other than an ordinary commute between home and a fixed workplace. It includes:

• Travelling between client sites in a company vehicle
• Using a personal vehicle for a business errand (often called "grey fleet")
• Delivery or collection runs
• Sales calls or field service visits

The critical point is that grey fleet (employees using their own cars on company business) carries exactly the same employer duty of care as a company-owned vehicle. Many businesses focus only on their company cars and vans and overlook the grey fleet entirely.

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What are my obligations?

Health and Safety at Work Act 1974

Under the Health and Safety at Work etc. Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. The Health and Safety Executive (HSE) is explicit that this duty extends to driving for work. Road risk is a workplace risk, and it must be managed accordingly.

In practice, this means:

• Carrying out a documented risk assessment for work-related driving activity
• Ensuring vehicles used for work are roadworthy and properly maintained
• Ensuring drivers are competent, licensed, and not fatigued or impaired
• Having a written policy on mobile phone use, journey planning, and rest breaks

Management of Health and Safety at Work Regulations 1999

These regulations require employers to make a "suitable and sufficient" assessment of the risks their employees are exposed to. For fleet operators, that means a formal, written record: not a conversation, not an assumption.

Road Traffic Act 1988

Section 143 of the Road Traffic Act 1988 requires that any vehicle used on a public road is properly insured. For grey fleet, this means the employee's personal insurance policy must include business use cover. If it does not, both the employee and the employer may face criminal liability.

Corporate Manslaughter and Corporate Homicide Act 2007

If a worker is killed in a road collision while driving for work, and investigators find that a gross breach of a duty of care by senior management was a substantial cause, the employer can be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007. There is no cap on fines under this Act; courts are directed to impose fines large enough to have a real impact on the organisation.

HSE enforcement

The HSE can investigate work-related road incidents. Improvement Notices and Prohibition Notices can be issued, and prosecution under the Health and Safety at Work Act can result in unlimited fines and up to two years' imprisonment for individuals.

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What happens if I get it wrong?

The consequences fall into several categories.

Criminal prosecution. As noted above, a fatality can trigger a corporate manslaughter investigation. Even where death is not involved, HSE prosecutions for inadequate risk management can result in substantial fines. Courts now follow the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline, which links fines directly to turnover. A medium-sized business with a turnover of £10 million to £50 million can face fines in the hundreds of thousands of pounds for a serious breach.

Civil liability. An injured employee or a third party injured by an employee driving for work can bring a civil claim against the employer. The employer's liability insurer will typically defend and settle such claims, but premiums will rise and reputational damage is real.

Insurance voidance. If an employee was driving on business without the correct insurance endorsement and a claim arises, the insurer may decline to pay out. The employer can then be exposed to the full cost of a damages award directly.

Regulatory investigation. DVSA has powers to investigate operators of vehicles used for commercial purposes. Operators' licence holders face separate obligations around roadworthiness and driver hours.

Legal advisers have noted that the gap between what employers think they are doing and what the law actually requires is often significant (Fleet News, 2024). That gap is where prosecution and claims are won and lost.

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What does compliance actually look like?

Good practice is not complicated, but it does require structure and consistency. Here is what a robust driving-for-work programme covers.

1. A written driving-for-work policy

The policy should state who is permitted to drive for work, what vehicles may be used, what checks are required before a journey, and how incidents are reported. It should be signed by employees and reviewed at least annually.

2. Licence checks

Employers should verify that every driver holds a valid licence for the category of vehicle they are driving. For company vehicles, DVLA online checks or a third-party checking service should be run at least every six months, and immediately following any known endorsement or disqualification. For grey fleet drivers, the same standard applies.

3. Vehicle roadworthiness

For company vehicles: documented pre-use checks, a regular maintenance schedule, and MOT certificates kept on file. Vehicles should not be driven when defects are known and unrepaired.

For grey fleet: employers should collect evidence that the employee's personal vehicle holds a valid MOT, a current insurance certificate showing business use cover, and proof of current road tax. This evidence should be collected at least annually.

4. Driver competence and wellbeing

Fatigue is one of the leading causes of serious road collisions. A driving-for-work policy should set maximum driving times per day, require breaks every two hours on long journeys, and prohibit driving while impaired by medication or illness.

New or younger drivers, and those in roles with high mileage, benefit from driver risk assessments and, where appropriate, driver training.

5. Mobile phones

Using a hand-held mobile phone while driving is illegal under the Road Vehicles (Construction and Use) Regulations 1986, as updated. The fixed penalty is £200 and 6 penalty points. An employer who requires or encourages an employee to use a hand-held phone while driving can be prosecuted. The policy must be unambiguous: no hand-held phone use, and no expectation of answering calls while driving.

6. Journey planning and rest

Long or complex journeys should be planned in advance. Drivers should not be routed through low-emission zones or congestion charge areas without awareness of the relevant rules (ULEZ in London, Clean Air Zones in other cities), as fines of £100 to £160 per day apply for non-compliant vehicles.

7. Incident reporting and investigation

Every collision, near-miss, and vehicle defect should be reported and recorded. Patterns in incident data reveal where the risk is highest and allow targeted intervention. Without records, you cannot demonstrate due diligence, and you cannot improve.

8. Fleet management systems

Digital fleet management tools, such as FleetSight, can automate licence checks, track service schedules, flag expiring MOTs and insurance documents, and record mileage for grey fleet. Automation removes the single biggest cause of compliance failure: things falling through the cracks because someone forgot to check.

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One-glance summary

• Driving for work is a workplace risk and falls under the Health and Safety at Work etc. Act 1974.
• Grey fleet (employees' own cars used for business) carries the same duty of care as company vehicles.
• Grey fleet drivers must hold personal insurance with a business use endorsement; if they do not, cover may be void.
• A fatality can trigger a Corporate Manslaughter prosecution with unlimited fines.
• HSE prosecutions for inadequate risk management link fines to company turnover; a mid-sized firm can face six-figure penalties.
• Required controls include: written policy, licence checks (at least every six months), vehicle roadworthiness evidence, fatigue management, and incident reporting.
• Hand-held mobile phone use while driving carries a £200 fixed penalty and 6 points; employer encouragement of the practice is also a criminal offence.
• Digital fleet management reduces the risk of controls failing through administrative oversight.

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This post is for general information only and does not constitute legal advice. If you face a specific compliance issue, consult a qualified solicitor or health and safety adviser.