Health safety for apprentices?

Question

my son ( apprentice motor mechanic) had an an accident while at work today, he is fine, but the vehicle he was in sustained a few hundred pounds worth of damage. he was etering the passenger seat, to wait for one of the other motor mechanics to enter the vehicle, when he knocked the auto lever. the car jerked forward and hit a workbench in the workshop. he was told that he would have to pay for the damage himself as he was not insured to drive vehicles, he was not driving the vehicle. also he has been instructed to move vehicles around the company premises for the past ten months or so, now to be told he is not covered by insurance. is this legal.

Answer 1

If he was working there legitimately the shops insurance should cover this it sounds like they are trying to get out of filing an insurance claim.

Answer 2

I would assume that the companies insurance will cover this just like I would assume that he is insured by the company as well because trainees and apprentices are also considered workers.

If a person or business employs or hires workers on a regular, casual or contract basis, they are considered to be an employer and must have a workers compensation insurance policy. The contract may be expressed or implied, verbal or written, and it may be a contract of service or apprenticeship.

Generally, a worker is someone who receives wages or commission, regardless of the number of hours worked each week, and includes workers who work away from the employer’s premises.

Answer 3

Does he hold a valid driving licence to cover automatic vehicles? To be honest, he really should have been given training, and all he needs to do is get in touch with a Health & Safety officer from the local council, report the accident, and they will come down like a ton of bricks. He may lose his job, respect from his peers, but the satisfaction will give him the confidence he needs for future prospects.

Answer 4

If his employer has a motor trade combined policy then damage caused by his actions should be covered on it.

Secondly it is not permissable to deduct wages from staff - unless the contract of employment specifically gives the employer that right.

Thirdly - in law the employer is vicariously liable for the actions of the employees in the course of the business.

Fourthly - you don't need insurance to drive vehicles - as long as they are not on a 'road'.