Employer asking me to pay for damage to fleet vehicles.

Xios

Hey,

So I work for a security company and drive a car/van. I scratched the side of the van on a bollard one day, cosmetic damage but it needed to be repaired. However, the employer is expecting all drivers to pay for any damage to the vehicles.

They gave me the repair cost, and said they'd deduct 10 euro per week for 50 weeks to cover the repairs. Is this legal for a company to do? I was told I can't work in the vans if i don't agree to the terms. So i'm kinda stuck at the moment in this situation.

The way i view it, the vans are tools for the job, you can't do the job without them, just like a carpenter without a saw, can employer expect someone to replace tools if they damage them by accident? Considering the huge cost of repairs to vehicles, another driver owe thousands in damages (he is a clumsy **** though).

There is a security union, i'll get onto them as well, but i wanted some thoughts from people on here too.

bobbysands81

Were you working at the time or using the car for social reasons (not that I even know if it makes a difference, just wondering?).

Ask employer for a copy of the rules where it states this company policy and ask them when they made you aware of it... that's if it's not in your contract of employment.

Contact your Union and get them to fight this for you.

Pelvis

Do they ask you to replace the toilet paper too?

C3PO

Xios wrote: »

The way i view it, the vans are tools for the job, you can't do the job without them, just like a carpenter without a saw, can employer expect someone to replace tools if they damage them by accident?

Not a very good analogy ... tradesmen own and own their own tools and replace them themselves as the wear out or get broken!

Donal55

Thats what insurance is for.
I've driven vans and trucks for years and although I'm careful the two scrapes I did have were put through insurance.

Do you drive the same van everyday?
Could someone else have caused the damage?

steviebg

C3PO wrote: »

Xios wrote: »

The way i view it, the vans are tools for the job, you can't do the job without them, just like a carpenter without a saw, can employer expect someone to replace tools if they damage them by accident?

Not a very good analogy ... tradesmen own and own their own tools and replace them themselves as the wear out or get broken!

No they all dont, I work in a trade and when something breaks the employer replaced it.

C3PO

steviebg wrote: »

No they all dont, I work in a trade and when something breaks the employer replaced it.

Really ... I'm an electrician by trade (a while ago now!) and we all bought and owned our own tools! I'm pretty sure that is still the case? The company supplied power tools etc but all hand tools were personally owned!

steviebg

Nah not here anyway if I need a square or a hammer I ask and I get. Maybe I've just got a great boss!!

jimmycrackcorm

Xios wrote:

I was told I can't work in the vans if i don't agree to the terms. So i'm kinda stuck at the moment in this situation.

Is there an option not to work on the vans? What happens if the van is a write off?

You need to see what your contract says about it, but if you end up having to pay then you should make sure it comes out as a deduction of your gross pay and not net.

Xios

jimmycrackcorm wrote: »

Is there an option not to work on the vans? What happens if the van is a write off?

You need to see what your contract says about it, but if you end up having to pay then you should make sure it comes out as a deduction of your gross pay and not net.

It's in the contract, however, just because its in there, doesn't mean its legal or ethical. There are other options, but i don't think I can consistently get 25 hours of work every weekend in any other role, I need this to fund my way through college.

I did the damage, and I have a decent enough working relationship with the company, i'm constantly called to cover a wide variety of sites which most i have to turn down because of college, so i owned up to scratching the van. It was a genuine accident though. It could have been avoided, scratched the side of it on a bollard on Grafton street, dark road, bad lighting and the bollard was already along the side of the van, add in the mishmash or delivery trucks/vans and all the drunks wobbling down the street at 5am, it's easy enough to miss while doing a 3 point turn.

now the 25 hours over two days is a whole other thing. But not for this thread.

jimmycrackcorm

Xios wrote:

It's in the contract, however, just because its in there, doesn't mean its legal or ethical. There are other options, but i don't think I can consistently get 25 hours of work every weekend in any other role, I need this to fund my way through college.

Well you've agreed to those terms so you'll have to stick to it. But I'd be very worried about the extent of your liability. What you have an accident and do some very expensive damage?

Anyway as I mentioned, make sure your employer reduces your gross payment rather than deduct from your net which will save you some money.

ED E

Id say the reason they do it is because of people like the colleague you mentioned. When people have no stake in the game they dont give a sh1t.

mikemac2

If an employee in Intel accidentally broke something their family could face slavery for the millions they owe :eek:

Xios

ED E wrote: »

Id say the reason they do it is because of people like the colleague you mentioned. When people have no stake in the game they dont give a sh1t.

Yeah, it's a valid reason, every claim for a repair does affect their bottomline, but that doesn't mean it's legal. It seems to be very uncommon, so i'll see what the union has to say about it.

mikemac2

Some info here OP

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_slip.html

Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed. In these cases a deduction (or payment by the employee) is only allowed where:

It is allowed for in your contract
It is fair and reasonable
You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
The amount of the deduction does not exceed the loss or cost of the service
The deduction takes place within 6 months of the loss/cost occurring
Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act – see ‘How to apply’ below. Likewise, unpaid notice, holiday pay, bonus and commission payments can also form part of a claim under the Act.

uck51js9zml2yt

Ask to see the receipt for the repair. Nothing worse than paying for something that isn't repaired.