Kammac: LA says it's OK
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THE DEPARTMENT of Health and Social Security has now ruled that drivers working for Kammac Trucking of Burscough, Lancashire, are considered to be employees of the company and not self-employed.
North Western Licensing Authority's Roy Hutchings has decided to take no action against the company's licence on the grounds that a false statement had been made.
Last July, when the company, which was operating a self-employed drivers' scheme, sought to renew its licence, its managing director, Brian Kamel, said that the DHSS was quite happy with the situation because the drivers had been making their proper returns and buying their stamps regularly {CM, August 13,1983).
Renewal was granted despite RHA opposition and the grant was upheld on appeal. However, publicity in the trade press led to the DHSS writing to say that it had been made clear to Mr Kernel and his advisors that it considered that the drivers were employees at a meeting 18 days before the public enquiry.
As a result, Mr Hutchings considered taking action against the company's licence.
At the outset, Mr Hutchings said that the DHSS was not prepared to attend to give evidence and he had no power to force it to do so.
Mr Kernel said that he had attended so many meetings with DHSS representatives that he did not recall the meeting early in July 1983 in any detail.
For the company, Arthur Noble said that there was no suggestion in July 1983 that the drivers had not been making the proper Schedule D returns.
The present position was that the DHSS had now made a ruling and as from April the company's drivers had been treated on an employed basis.
Taking no action, Mr Hutchings said Mr Kamel was entitled to the benefit of that doubt.