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Paul Martin
Member - 3 posts
With the introduction of the Cyclescheme corporates seem to be divided. On one side of the fence are the progressives that support the scheme for all the health and social benefits and on the other are the retreatists, those that will not implement due to fear of litigation. My question is, is the Company liable if the employee has an accident whilst a.) riding to work under ordinary commute and b.) if the employee uses the bike for work related activities.
The rules surrounding using private cars is quite specific but the bike is Company property until legal title has passed. Can anyone shed some light on this subject.
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James Fairchild
Member - 257 posts
I can't answer your question, but it is certainly a good one.
One thing I would say, is that a cycle is a piece of machinery, hence covered by HSW74 (I think).
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Fiona Cowan
Member - 1 post
How do insurance schemes work in similar leaseback schemes for vehicles as a possible starting point for guidance?
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Craig Stuart
Member - 86 posts
Hi Paul
I worked for the Inland Revenue quite a few years ago and they supported a cycle scheme whereby you were given up to 75% of the purchase price of a 'standard' bicycle. The employees were not required to use the bike for work related activities, but only travelling to and from work. The employer in this instance has no responsibility for the commute to work as the bicycle has been purchased by the employee.
If your staff have to use the bike for work related activities, then a risk assessment would need to be carried out with control measures included 'as reasonably practicable'. You may want to consider cycle proficiency training or somthing similar including bicycle maintenance.
Hope this helps.
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Simon Hickman
Member - 3 posts
Many companies have banned the use of motorcycles on company business - see this site for example: http://www.motorcyclenews.com/MCN/News/newsresults/mcn/2008/June/9-15/june1008magnox-ban-motorcycle-workers/Post.aspx?R=EPI-100997
Partly fueled I expect by the Corporate Manslaughter Act and the focus on business travel related death.
Has anyone stats for push bikes? Are they often used on business? It seems commuting to and from is not considered business use.
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James Fairchild
Member - 257 posts
Craig - your sentance "The employer in this instance has no responsibility for the commute to work as the bicycle has been purchased by the employee."
Don't be so sure... just like the old chestnut of a manager who does nothing to prevent a drunk employee getting into a car after the christmas party.... an employer would be well advised to risk assess this scenario too.
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