Try our monthly workplace dilemma and see if you know your rights – what would you do? Share your views at otcmag.com

Counter assistant Beth is on the pharmacy computer, and keeps looking over her shoulder. Dispensing assistant Jane wonders what she's up to.

"What are you doing?" she asks. Beth turns around, covering the computer screen with her back.

"Umm... nothing," she says. "I was just looking something up."

Jane can tell she's hiding something. "Move over," she says firmly. "Let me see."

Beth steps away. On the screen are the patient details of a Mr Luke Davis – his prescription history and personal information.

"What are you doing?" Jane says.

"Well..." Beth says. "I kind of know him. I've seen him around a few times, and he's pretty cute.

"I was thinking of maybe seeing him a bit more. But I don't know that much about him so..."

"You decided to check him out on the pharmacy computer?" Jane says, incredulous. "I don't believe this, Beth! What were you thinking?"

"What? I wasn't looking at his medical records or anything! I just wanted to see how old he was, and where he lived! I haven't done anything too bad!"

"You know I'm going to have to tell your manager about this?" Jane says.

"Oh, come on!" Beth sighs. "It's no big deal. We're friends on Facebook, and now I know his birthday's coming up I can send him a message seeing if he wants to do something for it."

Jane shakes her head, and wonders whether Beth realises the extent of what she's done.

Cast your vote at otcmag.com by September 3 – results next issue

Last month's dilemma: Who should pay for parking fines - our verdict

Technician Lucy has picked up a parking fine delivering medicines to a patient. Who should pay for it – Lucy or the pharmacy?

The first question a lawyer might ask Lucy is: "whose vehicle was being used?" If Lucy was using her own car, then she will be liable for the fine. (Incidentally, if she was using her own car, was she insured to drive it for business purposes or only for social and domestic purposes?) If she was using an OTC Pharmacy van, then, on the face of it, OTC will be liable, as registered owner, for a penalty charge notice.

The next question a lawyer might ask might be about where and how exactly Lucy was parked. If she had her wheels on the pavement, then whoever is liable for the fine will have a job escaping liability.

If she was parked on the road, on a double yellow line, there is an exemption from liability for loading and unloading, unless otherwise marked. For the unloading exemption to apply, there must be a "load" on the vehicle – a small number of small items may not count – but it could be argued that a crate or crates of sip feed supplements would be a load.

The unloading exemption only applies for the period of time that is necessary for unloading. That includes taking the "load" to adjacent premises but fines have been upheld where a driver took five minutes to deliver goods, where there was no clear explanation of why that time was taken. Just chatting with the patient, Mrs Fletcher, might put Lucy on the wrong side of the line; ensuring Mrs Fletcher understands what she has been prescribed might be accepted as valid.

OTC Pharmacy has obligations to Lucy under the Manual Handling Operations Regulations and it ought to have assessed whether there was a risk she might have to carry the crate over a long distance and if providing her with a trolley might have enabled her to do so safely. If it had done that, Lucy might have parked legally.

If Lucy is found to be liable for the fine, there is no rule that the employer must reimburse it just because the employee was on company business. It is up to OTC Pharmacy whether it wishes to reimburse her but if it does, it would be taxable employment income for Lucy.

If OTC Pharmacy has to pay the fine, it would need a contract clause to pass the liability on to Lucy. In the future it would be advisable for the pharmacy to make clear in contracts of employment that fines and penalties incurred in using a company vehicle, or using a private vehicle for business purposes, are the responsibility of the driver and that where the company pays the penalty it may deduct the relevant sum from the employee's pay.

Peter Schofield is director of legal services at Ellis Whittam, specialist in employment law, health and safety, and HR

Key points

● Who is liable for the fine depends on who the vehicle is registered to – unless a contract says otherwise.

● You may be exempt for parking fines on double yellow lines if you can demonstrate you were delivering a load and were counselling a patient on their medicine.

Who pays for a parking fine while on company business?

Your verdict:

● 10% said the employer

● 90% said staff member