COVID-19 - Consider Your Employee Safety
At Dyne Solicitors Limited, we have always advocated that the best evidence of a contract is a signed one. We now ask that you reconsider your practices. Government advice is to stay two metres away from anyone else and not to touch surfaces that could be contaminated, then accordingly using pen and paper has now become a concern.
If your business involves the process of obtaining a signed Proof Of Delivery to prove delivery, and requiring their drivers to sign for collection of cargo and possibly endorsing any notice of damage when going to other premises to collect, we recommend you contact all clients to discuss this and arrange some alternative manner of obtaining signed collection notes or POD whilst the Government advice remains in place.
You should confirm whatever is agreed as the course of action in writing. An email evidencing the new agreement will suffice, providing both parties agree to the new practice within the same email chain. Your email should refer to the fact that owing to the COVID-19 issue, rather than signing on a hand helddevice, signing a delivery note etc. the consignee will, for example, email you confirming receipt of the delivery and all parties acknowledge that such an email will stand as evidence of delivery.
Other proposals include sending photos of deliveries made/the warehouse delivery point/exchanging text messages (which you must then download and retain). It is something which must be worked out in advance to the agreement of both parties.
Where a handheld device is used, rather than asking the other party to sign, instead obtain their details from a safe distance and input them yourself. Do not pass the machine to them. The exchanging the machine could be a possible point of contamination.
Make sure that your liability insurer agrees with whatever new practice that you adopt, so that you do not lose your cover. Coronavirus is a "force majeure situation”. Your insurer should be sympathetic.
There is now an obligation to provide protective gloves for staff and a convenient disposal bin where applicable.
For further advice and support, please contact Dyne Solicitors on 01829 773100 or send an email to info@dynesolicitors.co.uk.
If your business involves the process of obtaining a signed Proof Of Delivery to prove delivery, and requiring their drivers to sign for collection of cargo and possibly endorsing any notice of damage when going to other premises to collect, we recommend you contact all clients to discuss this and arrange some alternative manner of obtaining signed collection notes or POD whilst the Government advice remains in place.
You should confirm whatever is agreed as the course of action in writing. An email evidencing the new agreement will suffice, providing both parties agree to the new practice within the same email chain. Your email should refer to the fact that owing to the COVID-19 issue, rather than signing on a hand helddevice, signing a delivery note etc. the consignee will, for example, email you confirming receipt of the delivery and all parties acknowledge that such an email will stand as evidence of delivery.
Other proposals include sending photos of deliveries made/the warehouse delivery point/exchanging text messages (which you must then download and retain). It is something which must be worked out in advance to the agreement of both parties.
Where a handheld device is used, rather than asking the other party to sign, instead obtain their details from a safe distance and input them yourself. Do not pass the machine to them. The exchanging the machine could be a possible point of contamination.
Make sure that your liability insurer agrees with whatever new practice that you adopt, so that you do not lose your cover. Coronavirus is a "force majeure situation”. Your insurer should be sympathetic.
There is now an obligation to provide protective gloves for staff and a convenient disposal bin where applicable.
For further advice and support, please contact Dyne Solicitors on 01829 773100 or send an email to info@dynesolicitors.co.uk.
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