JMW Solicitors’ experts review advice relevant to OLAT and suspected AI-generated grievances
What is OLAT and do I need it?
OLAT is short for “Operator Licence Awareness Training” and is training designed to help directors, business owners, senior management and transport management teams understand their responsibilities under the O-Licence and how they are expected to maintain and demonstrate effective oversight of compliance.
The training covers key areas of O-Licence compliance, including an introduction to the operator licensing regime, the role and powers of the Traffic Commissioner, undertakings and conditions, notification obligations, the role of the transport manager, vehicle maintenance, drivers’ hours and tachographs, managing the O-Licence and how to practically maintain effective oversight of the transport operation. The aim is to equip directors and senior managers with sufficient knowledge to run a safe, legal and compliant transport operation.
In some cases, Traffic Commissioners may require operators to complete OLAT through an undertaking attached to the O-Licence as part of their decision when dealing with a case either at Public Inquiry or through correspondence. However, OLAT should not be viewed as simply a remedial measure.
The coach and bus sector is subject to constantly evolving regulatory expectations. Many operators choose to proactively complete OLAT as a way of refreshing their knowledge and understanding of regulatory requirements, strengthening their compliance culture, improving operational standards and reducing the risk of issues, incidents and potential regulatory action.
For new directors or those taking on greater responsibility within a coach or bus operation, OLAT can provide valuable insight into the legal obligations that flow from the O-Licence. Even experienced operators can benefit from completing OLAT to ensure they have up-to-date knowledge and understanding of current best practice and compliance expectations.
The consequences of non-compliance can be significant – ranging from financial penalties and reputational damage to regulatory intervention from the Traffic Commissioner. Investing a day in training for your senior management teams can therefore be a cost-effective way of protecting both your business and your O-Licence.
At JMW, we regularly deliver bespoke, practical OLAT to coach and bus operators across the UK, both where training has been directed by a Traffic Commissioner and on a proactive basis for businesses seeking to strengthen their compliance regime and build long-term business resilience.
Can an operator reject what they think is an AI-generated grievance?
Generally, no. The ACAS Code of Practice requires operators to deal with grievances fairly and reasonably. Rejecting a grievance because it is, or may be, AI-generated could expose an operator to risk of tribunal claims, especially if the grievance is not investigated.
AI can often make grievances longer and more formal and can contain legal terminology that can make managers feel uncomfortable. In some cases, the grievance may include exaggerated claims or allegations that are broader than the employee’s actual concerns. Operators should focus on the substance of the complaint rather than the style or wording. Managers should review the grievance in line with the operator’s own grievance procedure, and the employee should be given an opportunity to explain their concerns in their own words during a grievance meeting.
Operators should train managers to identify core issues within any grievances. Avoid becoming distracted by the fact that AI may have been used. The key question is whether the employee has raised a genuine workplace concern that requires investigation.
Investigate concerns objectively. During any grievance meeting, ask the employee to explain what happened, when it happened and who was involved. Gather relevant evidence and interview witnesses. Maintain clear records of decision-making. If the grievance later becomes the subject of an employment tribunal claim, a clear record showing that the operator considered the substance of the complaint fairly and objectively will be invaluable.
Consistency, transparency and procedural fairness remain the strongest protections against legal risk.
[Answers by Laura Hadzik, Partner; and Charlotte Beeley, Senior Associate, JMW Solicitors]
