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Pay Deduction
TechGem
Posts: 4 Newbie
I worked for a non-profit company as a Driver, using a leased car that stays at the office, I use it for my shift then return it back to the office. Since the 1st July, I've been TUPE'd over to another company and unfortunately, with all the new LTN's and road closures, I've gone down a road that I wasn't supposed to go down and they have received a fine.
It's not in our contracts but it was made clear that if I ever did receive a fine that this would be deducted from my pay. This I am fine with but as they use a leasing company they are charging £12+vat on top of that fine for their admin charges and this charge has been pass on to me. Are they allowed to pass the admin charge plus VAT on to me? I'm happy to pay the £65 fine but do not agree with the admin charge as it's another £14.40. Also the company I worked for previously was exempt from paying VAT but the new company does pay VAT, I'm not sure if that makes any difference of me paying the admin charge but I thought I would give you that information.
Thanks for your help.
It's not in our contracts but it was made clear that if I ever did receive a fine that this would be deducted from my pay. This I am fine with but as they use a leasing company they are charging £12+vat on top of that fine for their admin charges and this charge has been pass on to me. Are they allowed to pass the admin charge plus VAT on to me? I'm happy to pay the £65 fine but do not agree with the admin charge as it's another £14.40. Also the company I worked for previously was exempt from paying VAT but the new company does pay VAT, I'm not sure if that makes any difference of me paying the admin charge but I thought I would give you that information.
Thanks for your help.
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Comments
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Leasors generally will pay invoices/ fines such as this then pass it down the chain to the leasee who will then turn to you. You will find this isn't uncommon.I find this a hazzard of my job, driving in unfamiliar cities, had it happen before. You'll become more focused in future.0
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Broadly yes.TechGem said:I worked for a non-profit company as a Driver, using a leased car that stays at the office, I use it for my shift then return it back to the office. Since the 1st July, I've been TUPE'd over to another company and unfortunately, with all the new LTN's and road closures, I've gone down a road that I wasn't supposed to go down and they have received a fine.
It's not in our contracts but it was made clear that if I ever did receive a fine that this would be deducted from my pay. This I am fine with but as they use a leasing company they are charging £12+vat on top of that fine for their admin charges and this charge has been pass on to me. Are they allowed to pass the admin charge plus VAT on to me? I'm happy to pay the £65 fine but do not agree with the admin charge as it's another £14.40. Also the company I worked for previously was exempt from paying VAT but the new company does pay VAT, I'm not sure if that makes any difference of me paying the admin charge but I thought I would give you that information.
Thanks for your help.
Providing the admin fee is reasonable (£12 probably is) and not so inflated as to be a penalty in itself then the lease company can certainly charge your employer.
Whether or not the employer can charge it on to you is slightly more complicated. However, if they were being pedantic, they could take disciplinary action against you for breaking the law whilst on their business!
Even if you could argue on a technicality that the employer shouldn't pass the fee on (and I am not sure your can) I doubt it would be a good move on your part.
If you had valid grounds for challenging the fine itself that would be a different matter. However, as I read your post, I think you accept you were at fault?0 -
Does your company have a vehicle usage policy? Not something that would normally be covered in your employment contract. Normally employees are deemed liable for such costs if it's caused by their own actions.0
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Why should the employer pay the additional costs?
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