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Temps records ruling
Page 22
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ROAD HAULIERS using temporary drivers supplied and paid by employment agencies must ensure that the drivers keep a proper record of hours worked, the High Court decided last week.
Mr Justice Kilner Brown, sitting in the Queen's Bench Divisional Court, said the reason for the decision was that a "not very happily phrased' section of the 1968 Transport Act laid record-keeping responsibility on the individual who wanted him to drive, not on the one paying his wages. Lord Justice Donaldson agreed in allowing a prosecution appeal against a decision of Ipswich, Suffolk, magistrates in December, 1978, acquitting refrigerated transporters G. C. Griston, of Smithfield, London, of failing to ensure that a driver kept a record of hours worked.
Because of the lapse of time since the magistrates' court hearing, the judges made no order for them to rehear the case.
The magistrates had upheld a defence submission that the company had no obligation to ensure that proper records were kept because the driver in question had been supplied by an employment agency who also paid his wages.