Employer deducting wages for "Damage"

[Si Cosis]

Hi,

I'm a field service engineer and as such have to drive a company van. I've been with the company almost 5 years and had 3 or 4 vans, and never so much as scratched any of them in that time.

Recently my van broke down, I followed company procedure and called the AA. The AA man said there was a hole in the radiator, filled up the coolant and followed me home.

Long story short, my employers are trying to charge me £400 for "damage" to the radiator. I have appealed and now have an official grievance meeting upcoming, as they are insistent on charging me for it.

I understand this is probably very dependent on my employment contract and I have read the section on rechargeable damage to company vehicles, but it is very vague as to what they mean by "damage". In short it says any damage to the vehicle whilst in possession of the employee is chargeable to the employee.

Surely it is not legal for them to charge a PAYE employee to repair a vehicle that has genuinely broken down and then call the vehicle damaged?

I appreciate any replies,

Thanks

[CLL1]

Re: Employer deducting wages for "Damage"

As ever, it will ultimately turn on the facts of the case and the specific wording of your contract.

Do you know how the damage occurred, exactly? Did the mechanic at AA give you an opinion at the point of repair?

[Si Cosis]

Re: Employer deducting wages for "Damage"

Thanks for the reply.

The AA man didn't offer an opinion as to how it may of happened. Personally I think it just broke all by itself. There was no damage to the front of the van and I don't think it would be possible for anything to pass through the grill and damage the rad.

I had driven the van all day, no issues, then on the way to my last job of the day it overheated and lost power, so I stopped the van.

[des8]

Re: Employer deducting wages for "Damage"

Without seeing the "damage" to the vehicle it is difficult to comment on how it may have been caused.
What is make & model?
What was size of hole? (pretty small as you could fill up and drive home!)
Where on the radiator? in centre of the core/in header tank/at bottom/ at a seam/front or back
Do you have photos?

From the wording " a lack of care could results in costs being passed to the driver." it seems they need to prove a lack of care.
The fact of "damage" does not automatically mean lack of care

A £1000 excess is not unusual for fleet insurance, but my personal opinion is that if the employer is prepared to accept an excess it should not be passed on to the employee.
He accepts a large excess to save the company money, then his meanness should not be paid for by the employee!

[Si Cosis]

Re: Employer deducting wages for "Damage"

The excess is billable to the employee in the event of having to claim (ie if you have an at fault accident and have to pay for the 3rd party damages). Anything below £1000 is just taken out of your wages so they don't have to make a claim.

The van is a Ford Transit Connect.

[des8]

Re: Employer deducting wages for "Damage"

Trying to charge you for "damage" as shown in the pic, would be like charging you for a windscreen broken by a flipped up stone.
Has anyone put forward a theory as to how the damage occurred eg careless mechanic?
When was the vehicle last serviced prior to the leak occurring?

[Si Cosis]

Re: Employer deducting wages for "Damage"

Van was last serviced on 29/10/2015, they use a mobile mechanic/service company who serviced the van on my driveway. I do around 30K miles a year, the van was on something like 23K when it was serviced (supposed to be done at 20K) and was on 30 odd K when the leak occurred.

Nobody has speculated on (or cares) how the damage occurred. It's cut and dry to them, it was damaged in my possession therefore I pay to have it fixed.

The actual wording from fleet when I questioned the charge was:

"Damages to the radiator are not covered by our warranty package therefore making it rechargeable.
With this being the case the repair/replacement cost will be then be forwarded onto the allocated driver at the time.

As you were the driver of the vehicle at the time when the damage was caused, this unfortunately puts you in a position where you are liable for any incurring damage cost that would not be covered by our warranty package."

[des8]

Re: Employer deducting wages for "Damage"

Are the quotes in post 3 from your contract?

[Si Cosis]

Re: Employer deducting wages for "Damage"

They are from the "Fleet Recharge Policy" Document which is on the company website. Unfortunately I have lost my copy of my employment contract. I have requested a copy to be sent to me and they just tell me to go to the website.

[des8]

Re: Employer deducting wages for "Damage"

As CLL1 said, this is going to turn on the exact wording of your contract.
Have you managed to access it?
Does it incorporate Fleet Recharge Policy", or was that produced after you had joined the company.
What does your contract say about deductions?

You really do need to examine these points.

[Si Cosis]

Re: Employer deducting wages for "Damage"

Unfortunately there is no one document on the site that is my actual Employment contract that I signed. I have my greivence hearing in the morning and I think all I can do is ask for it to be rescheduled until they actually send me a copy of my contract. Everything on the website is fragmented into different sections.

When I signed my contract they had us sign something like 20 or so documents, the fleet recharge policy being one of them. I can only assume it is the same as what I have access to via the website. Surely they have to send me a copy of my employment contract if I request it? Or do I have to get a solicitor to bully them into it?

[des8]

Re: Employer deducting wages for "Damage"

I believe the employer only has to make a copy of the contract available, and posting on line is sufficient.
However employment law is not "my thing" so I might well be wrong.
Any other comments from employment peeps welcomed
Tagging [MENTION=26290]mariefab[/MENTION]

Anyway, best wishes for tomorrow.

[Si Cosis]

Re: Employer deducting wages for "Damage"

Thanks for your help Des, if nothing else it's confirmed I am not going mad and I am justified in disputing this.

[Si Cosis]

Re: Employer deducting wages for "Damage"

I would like to thank Des again for his help. I had my grievance hearing this morning, which only really consisted of a woman from HR asking me why I felt I shouldn't have to pay this bill. I quoted a couple of things from the recharge policy (ie only damaged caused by negligence or lack of care can be recharged) and subtly mentioned that "if" this were to go further and end up at an employment tribunal the company would have to prove the negligence or lack of care that caused the van to become damaged.

She said I had to wait a week for her to "investigate".

4pm this afternoon I received an email stating I will not be charged a penny ! Result!

Many thanks again, great forum !!