Employers could face criminal charges if they do not forbid employees from using hand-held mobile phones while driving on company business. Regulations that came into force on 1 December 2003 apply to 'anyone who causes or permits any other person' to use a hand-held phone while driving. Using hands-free equipment is allowed, so where employees have to be able to use a phone while driving on business, employers are advised to supply a hands-free kit. Should a driver be caught using a mobile phone while driving there is a fixed fine of £30 and up to £1,000 on conviction in court (£2,500 for drivers of goods vehicles, buses or coaches).

Employers can protect themselves from liability by adopting a clear written policy on mobile phone use. The policy should state that using a hand-held mobile phone is an offence within the scope of the employer's disciplinary procedure as well as a criminal offence, and that the employer will not pay any fine imposed on an employee.