Employee Liability

Where it is alleged that an offence has been committed then it is open to the Enforcement Agency to institute proceedings against the Company, Directors, Partners, Proprietor, Manager, Sales person or other employee. They may institute proceedings against each or any that they think are responsible for the offence.

This means that if you misdescribe a vehicle or fail to follow Company Policy then you, as well as the Company are jointly severally liable and you may individually be prosecuted.

In addition if the offence is due solely to your failure to follow Company Policy and Instructions then you, instead of the Company, may be liable to prosecution. Naturally if the Company has a statutory defence and you have followed Company procedures, but still an offence has occurred, you also are entitled to rely on that defence.