Almost a third of company car drivers break the law by using mobiles while driving, according to a survey by YouGov for UK health & safety firm Croner.

Men are the worst offenders, with 39% admitting to breaking the law, while only 18% of women admit to misusing their mobile phone when driving.

The survey revealed that London is the worst place in Britain for mobile phone misuse, with 39% of the capital’s drivers failing to use a hands-free kit.

Trevor Davies, health & safety officer at Croner, says: “Employers need to be alert to the fact that they could also be prosecuted if any of their employees are found to be breaking the law.

“It’s vital that businesses have a clear policy for phone use while driving and ensure that their staff are fully aware of what is and is not acceptable use. Those that don’t risk hefty penalties.”

Although a business cannot be given penalty points, it can be fined the same £60 penalty under the new legislation. Both the employer and the employee could pay out for the same offence with the employee receiving the penalty points.