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Signed for incomplete delivery at work

I wasn't too sure which forum this belongs in..

I work in a pub and we received a delivery whilst I was working. Usually I would check it but I just didn't have the time to check it and just signed for it. It turns out the delivery was down by 6 bottles of 1.5L spirits.

They are apparently checking if the supplier has any undelivered items and if they don't I have to pay for the missing items.

Surely they can do more than check for undelivered items? Were the items even processed for delivery? If they weren't then of course they wouldn't have any packages. I was told that if they were loaded and the delivery drivers stole the items then it's my fault.. even though we have CCTV showing that they clearly didn't deliver the items. Well.. I say clearly. The spirits come in sealed boxes and I thought we were lucky to be able to open them before signing. But you would be able to see that there aren't enough boxes for the amount of items.

Am I even liable? I was in an impossible position. The delivery was large and most the items are delivered to where we already keep stock i.e. kegs in the cellar and cases of beer into the store room in the cellar. I'd have needed to check what we currently have to know which is which.
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Comments

  • naedanger
    naedanger Posts: 3,105 Forumite
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    Jackaroo wrote: »
    I wasn't too sure which forum this belongs in..

    I work in a pub and we received a delivery whilst I was working. Usually I would check it but I just didn't have the time to check it and just signed for it. It turns out the delivery was down by 6 bottles of 1.5L spirits.

    They are apparently checking if the supplier has any undelivered items and if they don't I have to pay for the missing items.

    Surely they can do more than check for undelivered items? Were the items even processed for delivery? If they weren't then of course they wouldn't have any packages. I was told that if they were loaded and the delivery drivers stole the items then it's my fault.. even though we have CCTV showing that they clearly didn't deliver the items. Well.. I say clearly. The spirits come in sealed boxes and I thought we were lucky to be able to open them before signing. But you would be able to see that there aren't enough boxes for the amount of items.

    Am I even liable? I was in an impossible position. The delivery was large and most the items are delivered to where we already keep stock i.e. kegs in the cellar and cases of beer into the store room in the cellar. I'd have needed to check what we currently have to know which is which.

    Does you contract of employment say anything about this matter?

    If not, I suspect your employer will not legally be permitted to deduct the cost of the missing stock from your wages/pay without your permission. (And in some circumstances they are not permitted to make such a deduction even if they do have your permission.)

    See the following for more information:

    https://www.nidirect.gov.uk/articles/pay-deductions

    Whether you are to blame for the loss is another matter, and obviously depends on the circumstances. If your employer concludes you were to blame then they could take disciplinary action against you. (So you might wish to consider whether you would prefer to pay for any loss rather than be subject to disciplinary action.)
  • coffeehound
    coffeehound Posts: 5,741 Forumite
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    How much would you be charged?
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It sounds like your employer should be pushing the delivery company harder. If the delivery drivers stole the spirits that is completely the delivery company's responsibility.

    Usually a signature just acknowledges receipt of the delivery, rather than checking the contents. Especially as the boxes were sealed. Although it would depend what the form you signed actually said.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    Hi, I take it there is nothing on the delivery note to say "six bottles/items outstanding, to be delivered next time" or anything like that? I was told, back in the day, to write "unchecked" on any delivery note before I signed to acknowledge receipt unless the driver was prepared to wait while I checked every, single item on it. I know it is too late now, but might be of use in the future.

    What does your employer say? How long have you worked there? Do you have a good, honest relationship with him/her and, if so, are they likely to take your word for it? It really does not seem so from your post but that is only my interpretation.

    Is it not possible for you or your boss to speak nicely to the supplier and say the delivery was short and not checked, and could they possibly, on this one occasion, make up the shortfall without charging again? Out of ideas. HTH.
  • It sounds like your employer should be pushing the delivery company harder. If the delivery drivers stole the spirits that is completely the delivery company's responsibility.

    Usually a signature just acknowledges receipt of the delivery, rather than checking the contents. Especially as the boxes were sealed. Although it would depend what the form you signed actually said.

    I disagree, in the pub industry it's the norm to check everything as it is unloaded, you sign to acknowledge a correct order.

    What is at issue here is the OP's individual liability. Even if their contract allows for deductions it may not be reasonable in this situation, for instance if they were not given adequate training or not allowed time to do the job properly. For more advice on this I would recommend posting on the employment board.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    For more advice on this I would recommend posting on the employment board.
    I think Naedanger has already fully answered this at post #2, the OP needs to come back and clarify whether he has the choice to pay for the items or face disciplinary action. If he has already admitted liability to his employer as he has here:
    Jackaroo wrote: »
    Usually I would check it but I just didn't have the time to check it and just signed for it.
    then he can't really backtrack and say he lacks training or needs help with time management.

    I do agree the OP could also post on the Employment forum:
    http://forums.moneysavingexpert.com/forumdisplay.php?f=141
  • just fax over a shortage claim and then raise a debit request.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    just fax over a shortage claim and then raise a debit request.
    If only it were so simple. Clearly, the OP has already signed to say the consignment was complete and that he's checked it as being so. A retrospective shortage claim is therefore not possible.
  • If only it were so simple. Clearly, the OP has already signed to say the consignment was complete and that he's checked it as being so. A retrospective shortage claim is therefore not possible.

    We are not robots if the op speaks human to human to the supplier I am sure they can make good of the situation.

    Problem today is no one talks to each other, its all messaging.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    We are not robots if the op speaks human to human to the supplier I am sure they can make good of the situation.
    The facts are;
    The OP has signed to say all items were present.
    The supplier has already been asked to check if they have the items.

    Do you really think the supplier will take the hit on this loss if the OP has signed (on behalf of his firm) a document stating the items were delivered?

    Your "solution" would only be applicable if the items were mistakenly missing from the consignment and the supplier still had them or had delivered them elsewhere etc. It's not yet clear whether this is the case.

    The Op's firm will clearly not be charging him the cost if it is recoverable from the supplier. Even if it is recoverable, the OP could well still face disciplinary action for not fully checking the load even though he signed that he did.
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