Understanding Your Legal Risk with Self-Employed Drivers

A self-employed courier causes a serious crash whilst completing deliveries for your business. He’s wearing your logo, following your scheduled route and he’s under pressure to complete the job on time.

When the police arrive and the Health and Safety Executive (HSE) is notified, the driver won’t be the only one answering questions. Whilst many businesses assume that self-employed drivers are outside their legal responsibilities, UK health and safety law sees it differently and if you're directing how someone works, whether or not they’re on your payroll, you may share the risk when something goes wrong.

Why Many Think "Not My Problem"

For years logistics, transport and private hire operators have relied on subcontracted or self-employed drivers. These drivers often bring their own vehicles, set their own hours, and operate outside traditional employment contracts. On paper, they’re independent.

So when something goes wrong, for example a collision which may involve a serious injury or a fatality, it’s common to hear: “They weren’t our employee. We’re not responsible.”

However, that’s a dangerous assumption as the law doesn’t just look at contracts. It looks at control.

Control vs. Contract

Under Section 3 of the Health and Safety at Work etc. Act 1974, businesses must ensure, so far as reasonably practicable, that their operations do not put non-employees at risk. This includes contractors, agency workers, and the general public.

The test isn't "Did you employ them?" It's "Did you control how they worked?" Here are the red flags HSE and other regulators look for:

• You set the route and delivery timeline.

• You require specific branding or uniform.

• You dictate processes or vehicle standards.

• The public would reasonably assume the driver works for your business.

This was reinforced in the Taylor Review of Modern Working Practices (2017) and high-profile court rulings like Uber v Aslam and Pimlico Plumbers v Smith, which clarified that employment status is not just about contracts, it’s about the reality of the working relationship.

What Happens After a Serious Incident

If a self-employed driver causes a serious injury or fatality, the consequences unfold quickly and can draw the contracting business into the spotlight.

First, the police will investigate the crash. If there’s potential criminal liability (e.g. Causing Serious Injury by Careless Driving), the driver may be arrested or interviewed under caution.

Then, if the driver was working at the time, the HSE may open a parallel investigation, not just into the individual, but into the systems and supervision of the contracting business.

Expect questions like:

• Who controlled the work?

• Was the driver supervised?

• What health and safety expectations were communicated?

• Was the risk assessed and mitigated?

If the answers are vague or undocumented your business may face enforcement, prosecution, or worse.

Case Example: Subcontracted Risk Becomes Corporate Crisis

An LMP Legal client came under investigation after a subcontracted HGV driver collided with a motorcyclist whilst turning right across traffic. The incident resulted in life-changing injuries. The driver had been operating under the company’s branded trailer and followed a delivery schedule generated by the client’s own routing system. Although formally “self-employed,” the driver worked under delivery windows that left little flexibility.

The police charged the driver with Causing Serious Injury by Careless Driving, but the HSE also initiated an inquiry into the company itself, examining whether its route planning and time pressures contributed to the risk.

LMP Legal intervened early, helping the business gather evidence of safety documentation and contractual language. Whilst the driver ultimately accepted responsibility, the company narrowly avoided enforcement as it could demonstrate the safety controls and risk reviews implemented before the incident.

The lesson was clear: when your brand, your systems, and your schedule govern how a subcontractor works, legal responsibility can follow regardless of what the contract says.

Are You at Risk? A Quick Test for Fleet Operators

Ask yourself the following:

• Do your contractors follow your routes, times or delivery windows?

• Do they wear your uniform or display your branding?

• Do you train, onboard or direct them in any way?

• Would customers or the public believe they’re part of your team?

If you answered “yes” to even one, your business may be seen as directing the work and that means you could share legal accountability.

What Compliance Looks Like in Practice

Legal protection doesn’t come from contracts alone. It comes from having a system that manages the real-world risks of how your subcontractors operate.

Start with onboarding: Whether it’s one driver or 500, you need a consistent process for introducing subcontractors to your safety expectations. That includes documentation, evidence of insurance, licence checks, and access to company safety policies.

Formalise standards: Even if drivers are self-employed, you can (and should) set minimum safety standards including vehicle condition, working hours, rest breaks, and incident reporting.

Provide training: If they’re performing a core business function, you need to be sure they understand their legal duties and what to do after a crash. Make this part of your contractor agreement and onboarding.

Create access to legal support: Many drivers don’t know how to respond if the police are involved. Make sure they can contact a specialist lawyer at the roadside, especially if they’re representing your brand or delivering your product.

Document everything: When the HSE calls, paperwork is protection. Keep records of all agreements, communications, training sessions and risk assessments. If it’s not written down, it didn’t happen.

Control the Risk, Even If You Don’t Employ the Driver

Just because a driver is self-employed doesn’t mean your business is off the hook. If you control how they work, you may share responsibility for what happens on the road.

In a serious incident, the authorities won’t stop at the driver, they’ll look closely at your systems, your expectations, and your risk controls. And if you can’t show that you acted reasonably to manage those risks, you may face fines, prosecution, and reputational fallout.

Don’t wait for a knock at the door to find out where your gaps are.

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