money taken from wages

[swifty]

A very good friend was telling me today that the company he works for took £700 of his wages (half his wage) without telling him, they called him into the office three days later to tell him why they had done it.
"I'll give you a brief history of events leading upto the company calling him into the office"
He was hired out by his company to another company to work on a hydrolic system that connected to an industrial gearbox, he had to blast beads through the hydrolic pipes to clean them but failed to double check that all the beads where accounted for.
When they fired the engine up there was a bang in the gearbox and it seized, the gearbox had to be sent away for repair but no beads where found in the gearbox so it's questionable that he was to blame.
He was called into the office and told by the management that he was very lucky not to be sacked but they have taken £700 out of his wages to pay for the repair as his company are not willing to pay for it, he's not a fully qualified engineer yet (he gets his qualifications in 6 weeks) and has been employed for four years as an apprentice.
His company has been sending him out on jobs 'including this one' and charging other companies at fully qualified engineers rate, he had no prior notice that they where going to deduct his wages nor has he signed any agreement letting them take the money.

Where does he stand? it sounds wrong to me

[MissFM]

Re: money taken from wages

It is wrong, Swifty - unlawful deduction of wages. More clued-up Beagles will enlarge. x

[teaboy2]

Re: money taken from wages

Yes it is an unlawful deduction under section 13 employment rights act 1996 - The employer needs consent to make any deductions from an employees wage, regardless of the employers reason for making such deduction.

The only way the employer can get round section 13 would be if they had taken disciplinary action under ACAS code of practice 1: Disciplinary and Grievance Procedures, which under section 14 of the same act allows the employer to make such deductions as part of the outcome of such disciplinary action.

In this case, it seems the employer is also acting in breach of health and safety regulations, by sending out an unqualified apprentice (unsupervised) to do the jobs of a fully qualified engineer. Perhaps a threat reminding the employer of this and your friends willingness to report them to HSE for such actions would persuade the employer to think again. End of the day the employers liability insurance would have covered the cost of any such repairs! Though as your friend was not qualified then the employer would likely not be able to make a claim as it would likely invalidate his/her insurance.

In form your friend his best course of action is to contact ACAS and explain the situation in full, including sending him out unsupervised to carry out work of qaulified engineer, when hes not yet qualified to do so, would be his best course of action. As they will contact the employer on your friends behalf to give the employer a little kick up the bum!

[swifty]

Re: money taken from wages

Thanks teaboy2, I'll pass on the info

[des8]

Re: money taken from wages

[QUOTE=teaboy2;438573 End of the day the employers liability insurance would have covered the cost of any such repairs! Though as your friend was not qualified then the employer would likely not be able to make a claim as it would likely invalidate his/her insurance.

[/QUOTE]

Being a bit picky here, but damage to customer's equipment would not be covered by employers liability Policy. The employer should be carrying some form of commercial liability policy, but even if purchased, as already suggested, as employee was not qualified/ supervised by qualified engineer any claim would likely be avoided by insurers.

[swifty]

Re: money taken from wages

I think the company should take full responsibility and pay for the repairs as they where the ones who put an unqualified engineer on the job in the first place 'cheapskates', anyway it hasn't been proven that he caused the damage so why should he have to foot the bill?

[teaboy2]

Re: money taken from wages

Being a bit picky here, but damage to customer's equipment would not be covered by employers liability Policy. The employer should be carrying some form of commercial liability policy, but even if purchased, as already suggested, as employee was not qualified/ supervised by qualified engineer any claim would likely be avoided by insurers.

That was what i was referring to when i said the employers liability insurance, i was talking in general obviously and not talking about actual "employer liability insurance" which only covers employee illness and sickness etc lol