Expensive payout after trashing someones car at work. Advice?

Takeaway_Addict

bap98189 wrote: »

He is a she. She is an employment barrister, who for some reason gives out a lot of very good advice for free on that forum. She used to post here, but was banned for reasons which are too lengthy to go into, but which is frankly a shame as she gave out far better advice than anyone else who posted on here.

Well tbf a few other posters gave excellent advice such as LazyDaisy and Uncertain but the latter doesn't post anymore either. Ohreally also gives good advice but seems to have got the hump.

dacouch

I'm a bit like an Aldi advert.

I like SarEl, but I also like LazyDaisy

(Not in any particular order).

kazmeister

As was said earlier on the first page (sorry lost my quote when tablet crashed)
VEHICLE INSURANCE

You were driving a vehicle presumably belonging to your employer. It should have been insured by them. No person was injured so you dont need to report it to the police. You exchanged details and reported back to your employer. It is now down to your employer to contact his insurance company and let them deal with the 3rd party involved. That should be the end of it, albeit you would need to declare the accident when you renew your own vehicle insurance next time.

Do not under any circumstances sign anything agreeing to deductions from your wages other than the usual tax and NI unless they are for your benefit ie some firms offer special discounts on insurances, shopping vouchers etc but you sign up to that as a separate scheme.

HTH

And info for lawful deductions is here

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

Mr_Mystery

Hmm this isn't good at all.

I made a backup of my PC using Acronis. I've made a few of these & one of them holds all the scans of the contract T&Cs. The actual signed contract i have doesn't go into detail regards deductions but the T&Cs does - which we had to hand back (so i scanned them first).

The backup seems to have changed. All the icons are strange & folders that should have contents don't. Some do, but some have lost their contents.

I'll keep looking, but not good so far.

Mr_Mystery

Here we go, i found it.

I suppose this now changes everything as there's more to the wording than what i remembered......

http : // i46. tinypic. com/ 2h89wmb. jpg


Looks like i'm basically screwed.

AFAIK, everyone who has had money taken from their pay previously has either 1) been told verbally & that's it or 2) not been told at all & it's just been taken.

Still, whether they tell me in person, put it on pretty paper or just don't say anything it looks like i'm in a no-win situation now.


Sorry for the inconvenient link, but it wont let me post links as i'm new.

Madkittykat

They cannot deduct to take you under NMW.

Also they say that they will advise you in writing, you also pay the excess not the whole repair amount. Although you could argue that they are also to blame by not having the camera working, which if it was would the accident still have happened?

Mr_Mystery

Madkittykat wrote: »

They cannot deduct to take you under NMW.

Also they say that they will advise you in writing, you also pay the excess not the whole repair amount. Although you could argue that they are also to blame by not having the camera working, which if it was would the accident still have happened?

How do i work out if they deduct me under NMW? I generally get approx £270 per week, but this depends on the hours i do. I could drop down to £240 or below, i could be up to £320 if i get in a good week.

Don't forget though with my other bills, i could still be OVER NMW & not afford the figure they state.


Regards the reversing camera - this could be argued all day long by both sides. If it was working then yes i would've seen the post no problem.
The vehicle does have a rear window actually, although our loads can and do often block this & render it useless.

The argument from the other side would be that at no point should you ever collide with anything. When reversing i should make sure the pathway is clear & be aware of all obstacles in the direction i am moving. As i'm approaching an obstacle, i should stop & again assess my distance to that obstacle to avoid any accident.

I personally don't ever remember reporting the fault (i know - big mistake), but i know of other drivers who certainly have & they reported it some time ago. It should be on defect sheets for evidence, unless these particular ones have gone 'missing'.

Madkittykat

Are you paid weekly or monthly?

Mr_Mystery

Weekly. I'd expect a hit in next weeks pay, or if not that (as i guess they'd be sorting it out) then certainly the following.

I suppose even if they did deduct .... if the union got involved & i got the decision reversed, i'd then be due a refund of sorts.

kazmeister

If you are in a union speak to them, if not I woud speak to a solicitor ot the CAB. Your employer might be avoiding a claim on his insurance by getting you to pay for the damage, but the whole point of the insurance is that it pays for the damage minus the excess. You should not be liable for the whole amount unless there is something in your contract. Unfortunately I could not open your posted page.