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In this situation, employers need to be aware of The Information Commissioners Publication : The Employment Practices Code, that says if in-vehicle monitoring is or will be used, employers must consider – preferably using an impact assessment – whether the benefits of using the system will justify the adverse impact.
Any letter or policy on the use of tracker systems should also clearly set out the details of the nature and extent of the monitoring. Informed consent is ultimately what employers need to be looking for. It would be necessary to set out in a letter or preferably a specific policy stating the legitimate business reasons and details of the nature and extent of the monitoring.
Employers should also be aware that issues can arise if work vehicles are also being used for private purposes. It would be necessary to set out in a letter of preferably a specific policy stating exactly what private use can be made of vehicles and any conditions attached to their use.
Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.