IT hardly need be said that the mobile phone is an essential business tool in practically every organisation.

There are many employers who expect their staff to regard their company cars as extensions of the office and to make best use of time spent driving by making those all-important calls, whether to customers, targets or perhaps to the boss to update him on the day's events.

The more enlightened employer will be aware of the Department of Transport finding that the time taken to brake from 70 mph is even longer when using a hand-held phone than it is when driving while over the legal alcohol limit. He will be aware of the regulations coming into force in December which criminalise using a hand-held phone while driving. Accordingly, he will believe that his decision to install hands-free kits in his employees' vehicles is more than sufficient to ensure compliance with both his legal and moral responsibilities.

The DETR, however, takes a different view. Its guidance is both specific and clear that driving and conducting a telephone conversation are both demanding tasks which staff should not be required to carry out at the same time. Hands-free equipment with voicemail or call divert facilities should be provided and employees encouraged to stop regularly to check for messages and return calls.

If an employee causes an accident while using a mobile phone on company business, questions will be asked.

Questions such as: "What is the company's policy on use of phones while driving?", "When was the policy brought to this particular employee's attention?" and "How rigorously is the policy enforced?".

A comprehensive policy on mobile phone use is required, making it perfectly clear that employees are under no circumstances to use company phones while driving and that a breach of the rule, given the potential health and safety implications, amounts to gross misconduct.

Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 07/10/2003