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Mobile Phones - Too Close to Call

The case earlier this year [2005] of Alan Millbanke who was charged with causing a fatal crash whilst using his mobile phone when driving a company vehicle, brings into sharp relief again the risks employers run of involuntary manslaughter. The employer on this occasion, escaped this charge partly because it was able to prove Millbanke had received an employee handbook which contained the policy details of prohibiting employees from using a mobile phone while in control of a vehicle.


	Mobile Phones - Too Close to Call The case earlier this year [2005] of Alan Millbanke who was charged with causing a fatal crash whilst using his mobile phone when driving a company vehicle, brings into sharp relief again the risks employers run of involuntary manslaughter. The employer on this occasion, escaped this charge partly because it was able to prove Millbanke had received an employee handbook which contained the policy details of prohibiting employees from using a mobile phone while in control of a vehicle.
	Had the Company not been able to escape this charge, its directors could in theory have faced personal charges of involuntary manslaughter. If proven, it carries a maximum life sentence. And though the reality is that courts rarely if ever, hand out this maximum sentence, any custodial term is bound to have a devastating effect both personally and on the business. *Acorn's tip:* technology (hands-free kits) provide a partial solution to promoting responsible use of mobile phones. But the case highlights the need to have clear policies and procedures, including the consequences of failing to comply. And above all if employers want to escape the wrath of the law, they need to be communicated and employees need to sign up (literally) to them.