JMW Solicitors’ experts offer advice on measures to combat fuel thefts from depot and the pay changes which took effect on 1 April
I have read reports of increased fuel thefts from operators’ depots. What should I be thinking about in terms of security measures?
Every coach and bus operator should be reviewing their current site and vehicle security regimes to tackle rising fuel theft. In addition, site and vehicle security are areas assessed by DVSA during all maintenance investigations and desk-based assessments – operators must be able to demonstrate evidence of suitable site and vehicle security measures.
A well-lit site is a good starting point – particularly the areas where vehicles are kept and where fuel tanks are located. Illumination should complement other security equipment, such as CCTV, and enables any security patrols that you might conduct to be completed effectively. Security equipment should be checked regularly to ensure it is functioning correctly.
Other general site and vehicle security measures you should consider include:
- perimeter protection – for example, fences
- site access and control – for example, barriers and access control systems
- guards
- intruder detection
- visitor control, such as a pass and sign-in system
- limiting the number of key holders
- staff parking away from the main site
- removing keys when vehicles are unattended
- controlled access to vehicle/fuel key storage and control systems
- fuel gauges to record and monitor the level of fuel drawn
- personnel and vehicle search procedures
- securing any tools or equipment that might help criminals to steal fuel or vehicles
- designated passenger waiting areas to ensure members of the public are prevented from accessing restricted areas
What do I need to know about the changes to pay taking effect in April?
National minimum wage and statutory payments in the UK are increasing this month, reflecting the government’s annual uprating of salaries and employment-related benefits.
National minimum wage:
On 1 April, the national minimum wage rates increased as follows:
| Category of worker | Hourly rate |
| Aged 21 and above (national living wage rate) | £12.71 |
| Aged 18 to 20 inclusive | £10.85 |
| Aged under 18 (but above compulsory school leaving age) | £8 |
| Apprentices aged under 19 | £8 |
| Apprentices aged 19 and over, but in the first year of their apprenticeship | £8 |
Statutory sick pay:
One of the most notable increases is to statutory sick pay (SSP). The weekly rate will rise from £118.75 to £123.25. In addition to the financial uplift, eligibility rules have been expanded. From 6 April, SSP is payable from the first day of sickness absence, rather than after three waiting days, and the lower earnings limit has been removed.
Family-related payments:
Family-related statutory payments have also increased. Statutory maternity pay, along with paternity, adoption, shared parental, and bereavement pay, have risen from £187.18 to £194.32 per week.
In addition, the lower earnings threshold for qualifying for these payments (i.e. the minimum an employee needs to earn to qualify for these payments) has increased on 6 April from £125 to £129 per week, enabling more workers to access statutory benefits.
Statutory cap – week’s pay:
On 6 April, the statutory cap on a week’s pay which is used for calculating redundancy pay and the basic award in unfair dismissal claims increased from £719 to £751. The maximum amount of statutory redundancy pay and/or basic award that can be recovered has therefore increased to £22,530.
Operators should therefore review and update their rates of pay policies to ensure they are compliant.
[Answers by Laura Hadzik, JMW Solicitors Partner; Rachel Steel, Solicitor; and Ellie Dales, Trainee Solicitor]
