Tommytank1897 Posted January 23, 2019 Report Share Posted January 23, 2019 Straight to the point here, recently left my job and returned my company vechile. (Small dent in plastic rear bumper, few marks on wing, nothing major) Today I had my pay slip through with a fair chunk out of it as a deduction. Any solicitors/advice out there that this is lawful? Link to comment Share on other sites More sharing options...
Nibor Posted January 23, 2019 Report Share Posted January 23, 2019 Pretty sure they can only do that if its specifically provided for in your contract of employment or you have consented in writing. The magic words to make them behave are usually "employment tribunal". Link to comment Share on other sites More sharing options...
daored Posted January 23, 2019 Report Share Posted January 23, 2019 2 hours ago, Tommytank1897 said: Straight to the point here, recently left my job and returned my company vechile. (Small dent in plastic rear bumper, few marks on wing, nothing major) Today I had my pay slip through with a fair chunk out of it as a deduction. Any solicitors/advice out there that this is lawful? Is it in your contract of employment that the vehicle must return in the same condition as gifted? The majority of companies allow general wear and tear, I guess the question is how major is the damage ? Link to comment Share on other sites More sharing options...
Fatknacker Posted January 23, 2019 Report Share Posted January 23, 2019 1 hour ago, Nibor said: Pretty sure they can only do that if its specifically provided for in your contract of employment or you have consented in writing. The magic words to make them behave are usually "employment tribunal". No one with more than a grain of sense, who wants to be employed again, goes near an employment tribunal. For them to have deducted from your pay slip you must have agreed to such and its in writing and signed by you, it may not be in your contract but be a separate document detailing your responsibilities when using a company vehicle. Your first port of call is the HR department and very civilly ask if they are aware and if so why it's happened...if no HR department your line manager. At this stage it's important you keep it friendly and reasonable and don't threaten to do anything until you have as many facts as you can muster...if you can get them to respond by email, so much the better. Link to comment Share on other sites More sharing options...
Guest Posted January 23, 2019 Report Share Posted January 23, 2019 Also check what you think the damage the vehicle falls with the standard industry guide (ignore the hitachi blurb it’s just their own copy) https://issuu.com/bfwsn67/docs/fwt_2015_issuu_hitachi_new/1?ff&e=2001091/11843249 If the vehicle was leased to the company and then you returned it they’ll sting for anything outside the tolerances. We always get our cars fixed before they go back as we know the lease co’s will charge 5x as much to do any repairs themselves. It maybe that your company is they charging you for this.. Link to comment Share on other sites More sharing options...
Tommytank1897 Posted January 23, 2019 Author Report Share Posted January 23, 2019 Thanks for the replies guys. I have contacted HR to confirm the deduction as it didn’t even say what it was for in my final payslip. Reply below- Then here is my contract under the heading : Deductions from wages: Nothing about a company vechile?, I’ve never signed anything else of my knowledge. May of had a company vechile handbook many moons ago. Thoughts? Slightly soured my time with them! Last 12 years! ***** Link to comment Share on other sites More sharing options...
Nibor Posted January 23, 2019 Report Share Posted January 23, 2019 37 minutes ago, Tommytank1897 said: Thanks for the replies guys. I have contacted HR to confirm the deduction as it didn’t even say what it was for in my final payslip. Reply below- Then here is my contract under the heading : Deductions from wages: Nothing about a company vechile?, I’ve never signed anything else of my knowledge. May of had a company vechile handbook many moons ago. Thoughts? Slightly soured my time with them! Last 12 years! ***** What they've done is unlikely to be legal - they need to have a specific term about vehicle damage or have a separate signed agreement about that and if they're relying on that contract it won't wash. You should probably get advice from an employment solicitor. In the mean time you could ask them to be specific about which part of the clause applies and ask for a copy. My bet would be they updated the contract template they use some time in the past 12 years but didn't get you to sign the new version. I would expect once they realise you will fight it they will back down. Link to comment Share on other sites More sharing options...
Tommytank1897 Posted January 23, 2019 Author Report Share Posted January 23, 2019 13 minutes ago, Nibor said: What they've done is unlikely to be legal - they need to have a specific term about vehicle damage or have a separate signed agreement about that and if they're relying on that contract it won't wash. You should probably get advice from an employment solicitor. In the mean time you could ask them to be specific about which part of the clause applies and ask for a copy. My bet would be they updated the contract template they use some time in the past 12 years but didn't get you to sign the new version. I would expect once they realise you will fight it they will back down. Cheers bud, Would I have had to sign this updated contract? Link to comment Share on other sites More sharing options...
Nibor Posted January 23, 2019 Report Share Posted January 23, 2019 21 minutes ago, Tommytank1897 said: Cheers bud, Would I have had to sign this updated contract? Well, as with most legal things I'm afraid the answer is probably "it depends". Some contracts have provisions in them that say things like "we can vary your contract by giving you a new contract in writing and waiting 6 weeks" and so on, or at least they used to. Maybe that sort of thing isn't ok now, maybe it doesn't apply in this particular area. I think that's why you should try getting some qualified advice - maybe if you can email a solicitor your contract they'll give you a free consultation. Link to comment Share on other sites More sharing options...
Spoons Posted January 23, 2019 Report Share Posted January 23, 2019 2 hours ago, Fatknacker said: No one with more than a grain of sense, who wants to be employed again, goes near an employment tribunal. For them to have deducted from your pay slip you must have agreed to such and its in writing and signed by you, it may not be in your contract but be a separate document detailing your responsibilities when using a company vehicle. Your first port of call is the HR department and very civilly ask if they are aware and if so why it's happened...if no HR department your line manager. At this stage it's important you keep it friendly and reasonable and don't threaten to do anything until you have as many facts as you can muster...if you can get them to respond by email, so much the better. Absolute rubbish. Employment tribunals don't make people any less likely to be employed again than people who haven't been to one. Link to comment Share on other sites More sharing options...
northsomersetred Posted January 23, 2019 Report Share Posted January 23, 2019 2 hours ago, Fatknacker said: No one with more than a grain of sense, who wants to be employed again, goes near an employment tribunal. I laughed so much reading that a little bit of wee came out Link to comment Share on other sites More sharing options...
Fatknacker Posted January 24, 2019 Report Share Posted January 24, 2019 7 hours ago, Spoons said: Absolute rubbish. Employment tribunals don't make people any less likely to be employed again than people who haven't been to one. You obviously thrive on conflict and have never been an employer Link to comment Share on other sites More sharing options...
Fatknacker Posted January 24, 2019 Report Share Posted January 24, 2019 7 hours ago, northsomersetred said: I laughed so much reading that a little bit of wee came out 7 hours ago, northsomersetred said: I laughed so much reading that a little bit of wee came out I'm here to help Link to comment Share on other sites More sharing options...
Fatknacker Posted January 24, 2019 Report Share Posted January 24, 2019 8 hours ago, Nibor said: What they've done is unlikely to be legal - they need to have a specific term about vehicle damage or have a separate signed agreement about that and if they're relying on that contract it won't wash. You should probably get advice from an employment solicitor. In the mean time you could ask them to be specific about which part of the clause applies and ask for a copy. My bet would be they updated the contract template they use some time in the past 12 years but didn't get you to sign the new version. I would expect once they realise you will fight it they will back down. This is sensible advice, get together as much info as possible before talking to a solicitor. Link to comment Share on other sites More sharing options...
Spoons Posted January 24, 2019 Report Share Posted January 24, 2019 19 minutes ago, Fatknacker said: You obviously thrive on conflict and have never been an employer But I am an elected union rep who uses employment tribunals to secure rights for worker's. Link to comment Share on other sites More sharing options...
Fatknacker Posted January 24, 2019 Report Share Posted January 24, 2019 I was correct on both counts then. Link to comment Share on other sites More sharing options...
Tommytank1897 Posted January 24, 2019 Author Report Share Posted January 24, 2019 So I had this reply from HR, thoughts? And yes I’m seeking legal advice tomorrow. Link to comment Share on other sites More sharing options...
Nibor Posted January 24, 2019 Report Share Posted January 24, 2019 1 hour ago, Tommytank1897 said: So I had this reply from HR, thoughts? And yes I’m seeking legal advice tomorrow. Well, unless you've provided written consent to that I doubt it will be something they can rely on. Interested to hear how this turns out, good luck! Link to comment Share on other sites More sharing options...
northsomersetred Posted January 26, 2019 Report Share Posted January 26, 2019 On 24/01/2019 at 06:17, Fatknacker said: I'm here to help Tena for men is the way forward On 24/01/2019 at 06:35, Spoons said: But I am an elected union rep who uses employment tribunals to secure rights for worker's. Well done Spoons, i've been a Trade Union member for over 35yrs and been to 2 ET's with my union and won both. Link to comment Share on other sites More sharing options...
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