Can my employer force me to wear a bike helmet on my commute

[jrnaumann]

Hi there,

I know this is an emotive subject and I'm not interested in the arguments for the efficacy of bike helmets here - also apologies if this has been covered before here but I couldn't see it.

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work. Does anyone know whether this can be enforced and does he have any rights to insist on this?

Many thanks in advance

[Si]

Heading this one off at the pass

Could we stick to the question asked please. If you want to discuss what advantages/disadvantages helmets give please go to the helmet section of the forum from the get-go and do so freely. That way you don't risk being upset by having your post deleted from this thread

Thanks.

[Richard Fairhurst]

http://www.orsa.org.uk/help-and-advice/ ... questions/

There is no legal definition of 'work related road safety', but it relates to the management of the risks which employees and the self-employed face and create when they are driving, riding or walking on the road in order to do their job. It is often referred to as Managing Occupational Road Risk, at-work road safety or driving for work. These terms are interchangeable.

In the UK, it does not normally include commuting (travelling to and from home and the normal place of work) except where an employee's travel from their home to a work location which is not their normal place of work.

http://www.hse.gov.uk/pubns/indg382.pdf

Employers have duties under health and safety law for on-the-road work activities [...] Health and safety law does not apply to people commuting (ie travelling between their home and their usual place of work), unless they are travelling from their home to somewhere which is not their usual place of work.

My slightly facetious comment would be that, if your employer wants to control what you do on your commute, then they should pay you for the time.

(If you have a union, talk to them.)

[thirdcrank]

.... Does anyone know whether this can be enforced and does he have any rights to insist on this? ...

I think: this could be the first to blink. I think that your employer is introducing a change to your contract of employment. I'm assuming negotiation has already failed. You can formally inform your employer that you do not accept this, eg in writing, or informally by ignoring the instruction. Either way, the employer can back down or discipline you. If are disciplined short of the sack you can walk out and try your arm at a tribunal. If you are sacked, a tribunal is the only route. Then it depends on what tribunals think of instructions to wear a helmet when cycling to work. Even if you win, it might be something you would prefer to avoid.

Losing a job is a serious matter and you would be wise to get advice. If you are not in a union, I'd recommend Citizens Advice.

[Psamathe]

My completely non-legal and personal opinion would be that, they cannot determine what I wear in my own time; however, if they do wish to control my commute, they they should treat it as work time and ay me accordingly. For me, the rule is a bit like requiring you to wear a suit & tie when at home after work watching TV - it's your time and thus outside their sphere of influence.

However, I can appreciate an employer including conditions like not doing anything to bring the company into disrepute that does cover personal time, but pursuing a perfectly legal means of commuting, obeying all laws then ... it's your time.

But I'm no legal expert so above is my personal opinion.

Ian

[Psamathe]

... If are disciplined short of the sack you can walk out and try your arm at a tribunal.....

(Naturally hoping it would never get to that), in my day I was always advised that if you "walk out" from your employment it would significantly weaken you case for constructive dismissal. I was always advised to "hang-on" in there and take tribunal action whilst still employed/working. But that was some time ago and maybe procedures, etc. have changed. I do seem to remember that the Conservative Government made it much harder (or more expensive) to take your employer to a tribunal.

Ian

[[XAP]Bob]

Not on a normal commute would be my opinion.

You could always insist that they purchase a full race suit, racing helmet and HANS device because you might use your car one day...

[honesty]

Worth knowing that the HSE do not consider a cycle helmet PPE.

[jgurney]

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work.

No. They cannot compel you to do this on a public road outside work time. They could however insist that all cyclists entering their premises wore a helmet.

What is your boss's motive for this? Do they really believe that it will improve safety, or is their real motive to cause annoyance to cyclists, perhaps with the goal of discouraging cycling? Are they going to require all staff who drive to work to sign undertakings to follow various specified safe driving practices, such as complying with speed limits?

[[XAP]Bob]

Another thought - commute by walking ten feet out of the building, then cycle home.

[thirdcrank]

I think the general principle - and it's nothing specifically to do with things like health and safety - is how an employee behaves when they can be identified as an employee of a particular employer. So, if you were on holiday on the other side of the world and you misbehaved in a way which might bring your employer into disrepute, then you have breached an implied condition of your employment contract. I could imagine an employer believing that employees not complying with the HC when they arrived for work - the link with the employer being seen to enter the premises - believing this reflected badly on them. I could also imagine an employer believing that helmets were compulsory.

If there's been any negotiation at all, I'd expect the reason for the instruction to be known.

[CyberKnight]

I would venture that as cycle helmets are not compulsory in law they havent got a leg to stand on

[Spinners]

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work.

No. They cannot compel you to do this on a public road outside work time. They could however insist that all cyclists entering their premises wore a helmet.

Yes, that's my understanding. Tata Steel (Port Talbot) also stipulate hi-viz clothing but I've not seen the actual wording.

Hey, Ho. Their site, their rules.

[TrevA]

He has no jurisdiction. As soon as you leave the premises he no longer has any control over what you do, unless you are driving/ riding a company vehicle.

A different matter if you are cycling during work hours and therefore getting paid for it, but even then I think they are on a sticky wicket as helmets aren't a legal requirement.

[reohn2]

Hi there,

I know this is an emotive subject and I'm not interested in the arguments for the efficacy of bike helmets here - also apologies if this has been covered before here but I couldn't see it.

Recently my boss sent an emailing stating that all employees and contractors must wear a helmet on their commute to and from work. Does anyone know whether this can be enforced and does he have any rights to insist on this?

Many thanks in advance

Infringement of human right of choice?