EMPLOYMENT CONTRACTS

Clear, well-drafted employment contracts are essential for transport operators. They underpin regulatory compliance, protect businesses during enforcement action, and provide clarity for drivers, transport managers and staff about roles, responsibilities and standards of conduct.

I advise operators on the drafting, review and management of employment contracts and related documentation, with a particular focus on aligning contractual terms with operator licence undertakings, regulatory expectations and day-to-day operational reality.

In the transport sector, employment documentation is regularly scrutinised by enforcement bodies and Traffic Commissioners. Poorly drafted or inconsistent contracts can undermine an operator’s regulatory position and expose weaknesses in management control.

Employment contracts can be relevant to:

• Assessments of effective continuous and effective management

• Transport manager responsibility and authority

• Drivers' hours and working time compliance

• Disciplinary action and conduct proceedings

• DVSA investigations and desk-based assessments

• Public inquiries and regulatory hearings

• Good repute and fitness considerations

Contracts should support, not contradict, compliance systems.

Driver contracts require particular care due to the safety-critical nature of the role and the regulatory framework governing drivers' hours, working time and vocational entitlement.

I assist with drafting and reviewing driver contracts that address:

• Hours of work and working time compliance

• Drivers' hours rules and tachograph obligations

• Breaks, rest and availability

• Reporting and defect procedures

• Disciplinary standards and conduct

• Training and ongoing competence

• Obligations during investigations or enforcement action

• Termination and suspension provisions

Well-drafted contracts help demonstrate control and accountability where driver conduct is examined.

Transport manager arrangements are a consistent focus of regulatory scrutiny. Contracts must accurately reflect the level of authority, responsibility and involvement required to meet statutory obligations.

I advise on transport manager contracts and service agreements, including:

• Scope of responsibility and authority

• Time allocation and availability

• Reporting lines and escalation

• Compliance oversight and audit rights

• Disciplinary and corrective powers

• Termination and succession planning

Clear documentation helps demonstrate effective management and avoid disputes when arrangements are challenged.

Many operators rely on agency drivers, subcontractors or mixed employment models. These arrangements can create regulatory risk if not clearly documented.

I advise on:

• Agency driver arrangements and contractual safeguards

• Subcontractor agreements and compliance obligations

• Multi-employer working and information sharing

• Allocation of responsibility for drivers' hours and working time

• Evidence required to demonstrate oversight

Poorly structured arrangements are frequently criticised in regulatory proceedings.

Employment documentation is often reviewed following:

• DVSA investigations or desk-based assessments

• Public inquiries or preliminary hearings

• Driver conduct proceedings

• Compliance audits or remedial plans

I assist operators in reviewing and revising contracts to address issues identified by enforcement bodies and to support ongoing compliance.

I provide practical advice on:

• Drafting new employment contracts

• Reviewing existing contracts for regulatory risk

• Aligning contracts with compliance systems

• Updating documentation following regulatory action

• Advising on contractual issues arising during enforcement

• Supporting evidence preparation for hearings

My approach is pragmatic and focused on ensuring documentation reflects how the business actually operates.

You should consider taking advice if:

• You are onboarding drivers or transport managers

• You are expanding or restructuring operations

• You rely on agency or subcontracted drivers

• DVSA or the Traffic Commissioner are examining management control

• You are preparing for a hearing or audit

• Your existing contracts are outdated or inconsistent