Today the penalty for using a hand-held mobile device or other hand-held communication device whilst driving has increased to 6 penalty points and £200 fine.
If you are a newly qualified driver and have held a full UK driving licence for less than 2 years then your licence could be revoked and you have to start the whole licence application process again.
If you are supervising a provisional driver and that driver uses a hand-held mobile phone whilst driving then you too could get 6 penalty points and a fine.
The position of employers is interesting given the legislation s41D Road Traffic Act 1988 refers to those who allow or permit the use of a hand-held device whilst the driver is driving. If your employees drive for a living and you expect them to communicate with you or customers then not fitting a hands-free system (or ensuring the vehicle has one) could lead to prosecution. Apart from that, not training your staff on what is expected of them when they drive for you, is a huge failing and could lead to prosecution or indeed serious harm to your brand.