In our regular column on coach- and bus-related legal issues, JMW Solicitors’ experts consider daily defect reporting and the Employment Rights Act.
- How can I audit the quality – not just the completion – of drivers’ daily defect reporting to ensure that checks are thorough and accurately reflect vehicle condition rather than being a tick-box exercise?
- The Employment Rights Act (ERA) reduces the current unfair dismissal qualifying period from two years of continuous service to six months. What does this mean for operators?
How can I audit the quality – not just the completion – of drivers’ daily defect reporting to ensure that checks are thorough and accurately reflect vehicle condition rather than being a tick-box exercise?
The most effective method of assessing the quality of drivers’ defect reporting is using the information on preventative maintenance inspection (PMI) records. This is where DVSA and the Traffic Commissioners expect you to start.
Look at the defects identified at PMI and which of those are “driver detectable” defects (i.e. items that should reasonably have been picked up during a driver’s walk-round check). Any such defects should prompt an internal investigation.
If the defect was reported by the driver, why wasn’t it rectified before PMI? This may indicate issues with your defect reporting or maintenance process rather than the quality of the driver’s check itself.
If the defect was not reported by the driver, this raises concerns about the thoroughness or effectiveness of that driver’s walk-round check.
Use these findings to guide targeted follow-up. Why hadn’t the driver identified and reported the defect? Is it a training issue or a disciplinary matter?
Couple this method of auditing with both random and targeted spot-checks at the gate, and look for trends and patterns – such as the same driver consistently “missing” defects that are then identified at PMI.
Digital defect reporting apps record timestamps for when walk-round checks start and end.
DVSA and Traffic Commissioners expect you to use this data to see whether sufficient time is being spent by drivers.
Unusually short checks should be followed up on. It might be that the driver is checking the vehicle first and then completing the defect report at the end of the check; however, it might indicate that the driver is rushing or conducting only superficial checks.
Either way, the expectation is that the driver completes the defect report as they walk around the vehicle (hence why some digital defect reporting apps include a requirement for mandatory photographs to be taken at various points of the check).
The Employment Rights Act (ERA) reduces the current unfair dismissal qualifying period from two years of continuous service to six months. What does this mean for operators?
This is one of the most significant shifts in workplace protection under the ERA and is expected to be implemented from 1 January 2027.
Any employee that has at least six months’ qualifying service at that date will be eligible to bring a claim for unfair dismissal. Employees will gain protection only once they have six months’ service.
This reform will fundamentally reshape how operators manage new starters and bring a substantial increase in legal and financial risk for operators that have traditionally relied on longer qualifying periods to end employment quickly where a hire is not the right fit.
The shift will likely lead to increased disputes and tribunal claims arising in the early months of employment.
Practical implications
- Strengthen recruitment practices
With reduced flexibility to dismiss early, operators must ensure robust role design, clearer job descriptions, enhanced pre-employment checks, and more rigorous interviewing.
- Redesign probationary periods
While probation will remain important, it will no longer act as a risk-free buffer. Operators should revise probation clauses, set measurable performance standards, and adopt structured review meetings from week one.
- Train line managers
Training should cover lawful dismissal processes, documentation standards, and early intervention strategies for performance concerns.
- Improve onboarding and early performance management
The first weeks of employment should involve meaningful induction, clear expectations, and supportive supervision to reduce early performance issues.
- Review dismissal policies and templates
Policies should be updated to ensure any dismissal, even in the first months, follows a documented and procedurally fair process. The upcoming reforms demand thoughtful preparation. Operators that act now will be best placed to navigate the new rules.
[Answers by Laura Hadzik, Partner, JMW Solicitors; and Charlotte Beeley, Senior Associate]
