Delivery Firms to be Liable for Vehicle Safety

[presta]

As of 1.10.26, delivery firms may be made liable for the vehicles their contractors use (both vans and bikes), and it'll also apply to hiring illegal immigrant labour. The fine is £45k per employee for a first offence, and £60k for subsequent offences.

https://www.cyclingelectric.com/in-...oon-be-liable-for-unsafe-gig-economy-vehicles

Perhaps that'll make some impact on illegal electric bike use, as the cost could quickly rack up if it's enforced enough.

 

[classic33]

Delivery riders for the food delivery companies are self employed, not employees. With that in mind, I doubt the companies will even bother about the possibility of a fine.

 

[Drago]

About. Bleeding. Time.

I wonder if that will extend to paper boys on their bicycles?

 

[midlife]

Apparently covers “ other working arrangements” from what I read so I guess no escape route for the delivery company ?

 

[Alex321]

Delivery riders for the food delivery companies are self employed, not employees. With that in mind, I doubt the companies will even bother about the possibility of a fine.

The companies always have been liable for employees. This change will make them liable for sub-contractors too.

 

[classic33]

The companies always have been liable for employees. This change will make them liable for sub-contractors too.

Are the self-employed contractors for the companies though?

https://www.cyclechat.net/threads/i...ders-local-problem.297469/page-4#post-7212338

 

[Alex321]

Are the self-employed contractors for the companies though?

https://www.cyclechat.net/threads/i...ders-local-problem.297469/page-4#post-7212338

I think they are, yes.

The customer contracts with the outlet, they pay the delivery people to deliver it.

 

[Drago]

And don't forget PUWER.

Its been held in court that a bicycle is machinery with the ability to cause serious injuries or death, and the PUWER regs apply to their use in the workplace. Thus employers must ensure their employees are competent in their use and, where necessary, trained to be able to operate a bicycle safely. The Royal Mail caught a 6 figure cold on that one.

 

[Emanresu]

Could be under vicarious liability. Generally contractors carry their own Public Liability Insurance but if it can be proven that the drivers were quasi-employees then liability would fall under the delivery company's PLI.

The trick will be in determining the proportion of the subcontractor's time/income related to an individual delivery company. And the cherry on the top will be, if proven, there is all that tax and NI the HMRC can claim too.