Is this right?

glitterycloud

My dh works for a windsceen repair company, last week (or 2) he was reversing his work van and scratched deeply a flat bed lorry that was parked next to it. He admitted to the relevant people what he did there and then and also told his boss. My dh's boss of the company wants dh to pay £1000 for it.

The manager of the whole company has previously taken wages from fellow employees without
1. stating it in their contracts - they have no contracts
2. no prior written consent was given
3. it is not required by law
he took £1000 from a colleague and he was left with £5 pay pack. The boss of the company simply told him "you have family get them to give you a hand out"
Now this boss has told dh that he insures the company vehicles on his own insurance and that it has £1000 excess - he wants individual employees to pay this £1000 excess when ever a claim has to be made. This can not be right?
The boss of the company states that he has to pay the insurance premuim no one else will which is why he will take £1000 out of his employees if they cause him to claim on the insurance.

Because of the type of scratch on the flat bed lorry even replacing the part is going to be expensive - oh boss has told dh if he gets it done himself he will still have to pay for the part.

Any advice is welcome

SomeBozo

The only decutions an employer can make are :

1) The normal stuff (like tax & NI, pensions etc)

2) Anything covered in a contract

3) Something the employee knows about in advance.

I would say this falls under 2) but there is no contract.

I have worked with companies before where it states in contracts that "they will deduct the excess in the event that the employee deems a claim neccasary".

The most I have seen is £250 which is about right. But in the absence of a contract, I can't see how it can be enforced.

This (like everything else) comes down to how much he wants to keep his job. How long has he worked for the employer?

I would want to see a) the insurance company schedule, what is the excess. b) what contract or policy the boss is using to get the money.

I do think its unreasonable and a hiding to no-where to pay nothing, but £1000 without proof or policy is excessive IMO.

Bozo

Unstoppable_2

As a lorry driver, virtually all lorries I've driven have gouges in them from forklift trucks anyway so I doubt another will make much difference. At best, it'll get a bit of paint slapped over it. It's pointless doing otherwise.

Regarding the £1000 issue. Unless it's in his contract, they cannot do it. If they do try and do it, take it to tribuneral. TBH, he doesn't want to be working for a !!!!!! like that anyway.

I have never worked for a company that have taken "damages" out of a drivers wage. I've heard of drivers who have but you find that nearly all of them work for small outfits run by a moron who has no idea of employment law.

glitterycloud

Thanks for your reply,
I told dh I think he should walk from his job if they are going to take all of his wages - he is only on minimum wage anyway so he is better off not giving them a months worth of work and with no contract I think he shouldn't give any notice
I wait with baited breath to see what happens over next couple of days

Bismarck

the employer is taking the p&ss. does DH really want to work there?

I wouldn't mind betting there is iffy insurance full stop. I bet they get tetchy when asked about it.

good luck anyway

shaven-monkey

I'd say : "show me the insurance documents, boss"
Then I'd say "hmmm, this looks like theft, fraud and tax evasion"
Then I'd say "give me my wages or I may have to speak loud and repeatedly about this in various official settings"
Then I'd get another job working for someone who wasn't so dodgy.

pinkshoes

Your OH needs to ask his boss to show him the contract that HE has signed saying that he will need to pay an excess of £1000 should his driving cause an accident.

If he has no contract, then this will be impossible.

He should then tell the boss that this is illegal, and as he has no contract that states this, then should the boss deduct the £1000 from his wages, then he will take him to court to get the money back, of which his boss will also have to pay the costs.

Oh, and he should get himself a job with a decent company.