Individual vs company responsibility for work travel

[AlterEgo]

Causing death by dangerous driving is a criminal matter. A tort is a civil matter. You're clearly not a lawyer.

Yes, I misstated "tort" when I meant "mens rea". It appears that neither of us are lawyers although only one of us knows what the discussion was about in the first place and is making a relevant point...

 

[Kilopylae]

Yes but that only relates to illegal acts.

Unless I'm missing your meaning: travelling on a train without a valid ticket is a criminal act. TOCs don't sue people to recover lost ticket costs, they take them to a magistrates court (or threaten them with it and secure an OOC settlement).

 

[Watershed]

The same also applies if you drive your employer's car under instructions but it turns out not to be insured by your employer. You, the driver, are penalised, because your intent and the circumstances are irrelevant.

An unfortunate example to choose, as this offence is unusual in having a statutory defence if you were driving in the course of employment and had no idea you were uninsured. See section 143(3) of the Road Traffic Act 1988.

The same defence doesn't apply to most other strict liability offences - albeit it may be seen as a mitigating factor in sentencing.

 

[philthetube]

Yes. Pretty much without exception, the employee is responsible for ensuring they do not break the law in the course of their employment, even if they are wrongly instructed to do so.



Perhaps you need to give up work if you're not capable of making basic, simple checks to ensure you don't break the law in the course of your employment.

Civilly, perhaps, but the criminal law dealing with operating an unroadworthy vehicle, or one which is even uninsured, or untaxed, penalises the driver.

There are some exceptions, for example it is a accepted defence to be driving without insurance if you could reasonably expect the vehicle to be insured, for example if you are driving a work vehicle.

 

[TUC]

If the rail industry is going to say it is the individual's responsibility when a company books their travel, I think I need to contact my union to consider calling a ballot or Action Short of a Strike to stop all company travel until the issue is resolved. I am desperately trying to be polite despite this being very annoying.

Wow. That sounds more like the response rail staff would make rather than anyone else.

 

[Haywain]

Wow. That sounds more like the response rail staff would make rather than anyone else.

It is the response the rail industry would give because it is the appropriate response.

 

[Bletchleyite]

It is the response the rail industry would give because it is the appropriate response.

No, it is not. There is no grievance with the employer so it is not a valid dispute, so any strike would be illegal.

It is the law.

 

[aye2beeviasea]

My local paper is not full of stories featuring people angrily pointing at train tickets that caused them to be fined yet were bought for them by their employer. So I'm assuming that this is an issue for the OP and nobody else.

 

[Haywain]

No, it is not. There is no grievance with the employer so it is not a valid dispute, so any strike would be illegal.

It is the law.

I was referring to this bit:

If the rail industry is going to say it is the individual's responsibility when a company books their travel,

 

[Bletchleyite]

I was referring to this bit:

Ah, apologies, my misunderstanding.