Has any one had this in their contract?

GillyFlower

Vehicles and Driving - a section of this reads -

If damage to a vehicle provided by the Company is incurred as a result of your negligence, or in breach of the Vehicles and Driving policy, you may be liable for the total cost of repairing the vehicle, for paying any insurance excess and /or any increase in premiums following a claim. Payments will be deducted from your pay unless an alternative method of payment is agreed with the company.


My question -

This is a small company would there be any areas in this wording that concerned you?

ohreally

There needs to be greater detail. What constitutue negligence, will it be anything they deem to be an oportunity to pass on the cost to an employee?

As they carry insurance, limit the maximum cost to the excess or have they been tight and purchased a cheap policy with a sky high excess?

GillyFlower

Yes - that is what concerns me e.g. how will they constitute negligence, what is the maximum they could claim back, etc.

bugslet

First off I agree that there needs to be more detail - I think I'd ask some questions.

My take though, would be negligence would be defined as the Insurance Company holding you at fault for any damage/accident.

As for how much, well it clearly says 'liable for the total cost' - eeek!!!! As for liable for any increase in the costs of the insurance, well what happens if there are 3 accidents in a year by 3 different employees of varying severity, how would you work that out.

I don't think I would sign that personally with the potential costs being so open-ended.

GillyFlower

Again - thank you. So far your comments are confirming what I feel -

1. 'costs being too open - ended' as you say buglset
2. Who decides 'negligence'? ( as commented by ohreally)

Example -
What if employer decided that the insurance company need not be notified? Say someone backed into the stationery works van? So front end damaged and employer decided not to believe employee when explaining what he found. (After all garage bill will not be modest.)

So no witness -would the employer be gracious and accept the employee's word for it and foot the bill?

ohreally

I drive around 38k miles per year between employers vehicle and my own. The roads are polluted with idiots, I see them daily and to provide me with corroborating evidence, I use this http://www.smartwitness.co.uk/product/781/svc100gps

GillyFlower

That is a useful gadget and maybe it could be suggested to this employer that he gets them fitted at his cost.

Seriously though I will tell the member of my family who has these concerns about this device.

Has anyone got any thoughts as to how they would word the 'questions/comment' to this clause if it were their contract? (Obvioulsy it would be just your thoughts for consideration and not your instruction.)

ohreally

GillyFlower wrote: »

Has anyone got any thoughts as to how they would word the 'questions/comment' to this clause if it were their contract?

The time for coments is the discussion stage. If the employer has already implimented the policy then it may be difficult to have a meaningful conversation - the employer has already got their wishes at this point, why would they engage in talks to dilute this policy?