Rank: Forum user 
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Hi guys, I've been challenged by my employer about my use of a personal phone for work purposes. I was initially given a work phone, however, I found it really difficult to use both phones and keep on top of two phones on charge all the time. I handed my work phone back in and asked my employer to contact me using my personal phone number which I would gladly ensure would stay on charge and available. The challenge is that they are now saying if I am out lone working and have an accident, would they have any liability as they have not provided me with a means of communication? Also are there any regs I can refer to for this? thanks in advance!
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Rank: Super forum user 
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OK, so lone working is coivered by the Management of H&S Regs, which require your employer to carry out a risk assessment and take steps to reduce risks to you. Its also covered by the H&S at work act which means they have to ensure your h&s at work as far as reasonably practicable.
A lone working risk assessment would really have to include some means of getting in touch with you, but the law is completely neutral about who actually owns the device. Its not PPE (which would have to be supplied by your employer), and as far as I can see if your employer has your number then that fits the bill. Care providers often don't provide home carers with mobiles, as the assumption is they will use their own.
To try and compel you to use their phone they would really have to come up with a very strong risk-based argument, and as far as I can see there really isn't one.
There are no specific regulations on lone working.
Your employer has a duty of care for you (is 'liable') whenever you are at work and acting on their behalf. Using your own phone instead of theirs won't alter that fact,
John
Edited by user 03 March 2020 09:00:19(UTC)
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 3 users thanked jwk for this useful post.
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Rank: Super forum user 
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If they're concerned that it's a personal phone rather than a work phone, ask them to make a monthly contribution towards your phone contract costs then they'll have the work related "link" evidence they're looking for.
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1 user thanked Elfin Davy 09 for this useful post.
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Rank: Super forum user
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I have two phones, mine and an official one. Running two phones is not for me an issue. I like to keep my private life separate from my work life so having two phones makes sense. Except that the app we use for lone working won’t run on my work phones but it will run on my personal phone! Go figure! Edited by user 03 March 2020 10:50:12(UTC)
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1 user thanked A Kurdziel for this useful post.
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Rank: Super forum user 
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Originally Posted by: A Kurdziel  I have two phones, mine and an official one. Running two phones is not for me an issue. I like to keep my private life separate from my work life so having two phones makes sense. Except that the app we use for lone working won’t run on my works phones bit it will run on my personal phone! Go figure!
Same here plus you can turn your work one off at the end of the day otherwise you find your always on call.
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Rank: Forum user
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The challenge is, if the policy states the business has given a work phone would this decrease their liability in the event of an accident/incident.
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Rank: Super forum user 
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only if it contained special hardware or software linked to a monitoring system otherwise a phones, a phones, a phone and all just as useless for connectivity when you leave urban centres.
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Rank: Super forum user
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only if it contained special hardware or software linked to a monitoring system otherwise a phones, a phones, a phone and all just as useless for connectivity when you leave urban centres.
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Rank: Super forum user 
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Change the policy / assessment control to say “Ensure the employee has access to a phone”. I don’t think they necessarily have to supply it. Employees use their own tools in a number of trades I don’t see any difference, company still responsible that it is adequate and maintained etc, but that is easy for a phone. Think about peripatetic workers, employer doesn’t need to necessarily provide toilets themselves just ensure there are some available (by agreement or otherwise). All the same sort of issue. Chris
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Rank: Super forum user
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Originally Posted by: hardworkingdude The challenge is, if the policy states the business has given a work phone would this decrease their liability in the event of an accident/incident.
Well, you need to tell them that it wouldn't. Their duty of care for you can't be limited by Policy or contract. They have to ensure your health and safety so far as reasonably practicable. I think Chris is right, get them to change their policy.
Me I have had my own phone & a work phone for many years, for reasons others have given,
John
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Rank: Super forum user
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Then you have the ironic situation with company supplied phones - they are invariably on one bill with a single network - someone forgets to pay the invoice or the providers systems go down and you are all out of contact. Unless you have the thought police as your IT administrators (who want read/wipe permission on personal hand sets in case any company data is present) what about a dual sim hand set? Plenty out there starting at reasonable prices SIM free or a low/no cost upgrade if you contract
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Rank: Super forum user
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Then you have the ironic situation with company supplied phones - they are invariably on one bill with a single network - someone forgets to pay the invoice or the providers systems go down and you are all out of contact. Unless you have the thought police as your IT administrators (who want read/wipe permission on personal hand sets in case any company data is present) what about a dual sim hand set? Plenty out there starting at reasonable prices SIM free or a low/no cost upgrade if you contract
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Rank: Super forum user
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Originally Posted by: A Kurdziel Except that the app we use for lone working won’t run on my work phone
So who is meant to conduct the Check and Act since someone has obviuosly Planned (seen it operate on their work phone) and Done (bought it for everyone regardless of hand set and operating system incompatability).
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Rank: Super forum user
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Originally Posted by: A Kurdziel Except that the app we use for lone working won’t run on my work phone
So who is meant to conduct the Check and Act since someone has obviuosly Planned (seen it operate on their work phone) and Done (bought it for everyone regardless of hand set and operating system incompatability).
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