Introduction

This article is intended to explain when an employer has a duty of care to ensure that the employee has the appropriate motoring insurance cover when using their own vehicle.


Where an employee has a vehicle through a salary sacrifice or lease car scheme, the employer should ensure check the insurance cover that applies to the vehicle.


Disclaimer

The information provided in this article is for general guidance and informational purposes only, and does not constitute legal, or professional advice. You should consult with a qualified professional for advice tailored to your specific situation.



❌ 1. Travelling to and from a fixed place of work (normal commute)

  • Employer duty of care:    No

  • Employee responsibility: Yes — employees must ensure they have the correct insurance (SDP + commuting).


Reason: The commute is classed as personal travel, not work activity. Employers are not responsible for checking private motor insurance. 



Generally where the employee has a split-week schedule with two regular work locations, this is treated a normal commute.  However, some insurers do not treat changing bases as commuting, and may classify any travel from home to a variable site as business travel, requiring Business Use insurance.


✅ 2. Using a vehicle for work purposes (beyond commuting)

If the employee makes a journey required for work that is not to the normal workplace, including::

  • Training courses

  • Temporary work sites, including when called out from home)

  • Client or customer locations

  • Meetings away from the usual base

Then the employer does have a duty of care and must:

  • Confirm the employee has business use insurance

  • Ensure the employee’s vehicle is roadworthy (MOT, tax, general condition)

  • Assess the risk as part of Driving for Work / Grey Fleet policy


This is part of:

  • Health and Safety at Work Act 1974

  • Management of Health and Safety at Work Regulations 1999

  • Corporate Manslaughter Act 2007

  • HSE “Driving at Work” guidance

❌ 3. What employers are not responsible for

  • The employee’s personal commuting insurance

  • Paying for commuting cover

  • Managing employees’ private insurance unless the car is used for business travel

✔️ Summary

ScenarioEmployer Duty of Care?Insurance Required
Employee drives to/from one workplace (normal commute)❌ NoSDP + Commuting
Employee uses personal car for work tasks (grey fleet)✔️ Yes — employer must verify coverBusiness Use
Company provides the vehicle✔️ Yes — employer must ensure it is insuredCompany insurance