claiming damages from an employee's wage

debt.b.gone

I run a small business and one of my drivers crashed a business vehicle, writing it off along with the vehicle he hit.

my question is am I able to claim costs incurred by the business from his salary/holiday pay? He admits he was speeding and at fault. His contract states he will be liable for any damages caused to business property.

Thanks

jazzyman01

Unless the contract specifically states that you can deduct from salary then no.

I assume that you will only be claiming the insurance excess? Have you taken any disciplinary action? You can point to the contractual liability and agree how much he is liable for and also how much will be deducted from salary. It must be agreed in writing by your employee.

debt.b.gone

Yes it is only insurance excess that is being claimed. It does specifically state that money shall be deducted from salary.

The employee was given a verbal warning at the time of the accident. The position the business now finds itself in is financially it cannot afford to continue and therefore the employee will be made redundant aswell, along with myself having to find employment.

I have been in touch with ACAS and a solicitor who have advised me that this course of action is fine. I was just after some more OK's really as I am finding it a very stressful situation to be in.

jazzyman01

Sorry to hear it will affect your employment. As you have that clearly stated in your contract you can make the deductions - as you have been advised.

I have to say that you are more lenient that many - I have known people to be dismissed for speeding and damaging company property.