Can an employer deduct excess from an employee's wages?

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Nightrider

145
Original Poster

Hi Guys, a simple question. I hit a parked car, in a very tight spot I daily have to visit. My boss is deducting £500 from my wages for his insurance excess. Is this kosher or not? Two weeks of multi dropping up the gurgler. Should I? A/ Suck it up like a man. B/ Tell him to stick it. C/ Seek legal advice. D/ You tell me. Muchos Gracias Amigos!

AJM sameday Couriers

3522

E/ pack it in cos if your only earning £500 for 2 weeks I wouldn't bother, when I was busy doing same day work a few years back I was earning between £600-1200 a week I would get another job and getting paid the following week.

Fastback Parcel Solutions

1713

Seek legal advice, excess is his problem its a company policy and I am sure you wont find that in your contract of work. Then tell him to stick it, what a shyster he is. P. S I am sure he cant deduct from wages

Andy McTighe

796

He has no right to stop that money from your pay packet. Seek legal advice and get looking for a new job. Be ready to sue him under employment laws, withholding pay could be interpreted as constructive dismissal.

Dennis

676

Are you actually EMPLOYED - holiday and sick pay, deductions for NI and PAYE? If so, it is simply ILLEGAL for him to make that deduction.

But if you're an OD or franchisee, that's a different matter altogether.

Gas Motorcycle Couriers

3617

Thing is, you advertise as an OD on your profile, so therefore your insurance should cover the accident not his, but if you are using SDP for that line of work then the insurance is void, unless you were as Dennis states fully employed at the time by whoever you were working for.. Then I would seek legal advice as stated previously.

Nottingham & Derby Couriers

3295

We had a driver hit a bus stop which jumped out on him. We paid the excess and put it down to a one off.

A few months later he it a kerb and then a wall, We paid it and told him if it happens again he will have to pay the excess or we can't use him any more as he is becoming a liability.

It did happen again and we did charge him but we took it out in small instalments.

Parkway Express Couriers

324

If you are employed by the company then you should have been given a contract to sign, if you have a contract - read it - if there is nothing in it regarding the paying of insurance excess then you dont have to pay it - if its not in writing then your employer has not got a leg to stand on. As i learnt many years ago at a tribunal - if its not wrote down and signed by the employee - then the employer is at fault.

Nightrider

145
Original Poster

Dennis said:


Are you actually EMPLOYED - holiday and sick pay, deductions for NI and PAYE? If so, it is simply ILLEGAL for him to make that deduction.

Yes I am employed on a minimum wage salary.

Gas Motorcycle Couriers said:


Thing is, you advertise as an OD on your profile, so therefore your insurance should cover the accident not his, but if you are using SDP for that line of work then the insurance is void, unless you were as Dennis states fully employed at the time by whoever you were working for.. Then I would seek legal advice as stated previously.

No not OD, employed.

Thanks for the replies guys. Time for a row with the boss and start looking for a new job. That's about 700 deliveries worth of work he wants to deduct. The joys of multidropping!

AJM sameday Couriers

3522

Don't take any nonsense of him it's part of driving and doing multi drops you have more chance of an accident than you do doing same day work keep us informed has to how you get on.

Drivers R Us (midlands) LTD

200

Yeah thats total rubbish unless its in a contract that you have signed but still think is a little on the dodge side even the seak legal advice is the best answer.

SMH

1871

It has to be written into your contract for them to take it from your wages

SMH

1871

If you dont have a contract then no they cant take to money

SMH

1871

We have it written in if its a fault crash bump or what ever then we can take the excess, 1 driver totalled my 12 reg tranny he paided the £500 it lost me £6000,

A E Delivery

815

Contractually if you have signed to say you would pay an excess in the event of damage then you could still refuse to have it deducted as its not seen as reasonable in the eyes of employment law . An employee will always have a strong case to get the money returned regardless of admittance of liability or not. If funds were withheld it opens up a minefield of issues . The company could however sue you for damages but then theres also liability issues placed there also ( easy way of putting it is if your incompetent then why are you working for them and have not been sacked so there excepting your incompetence if they retain your employment ). If the company has insurance regardless of this being about the excess charge then they are wavering there own liability from there employees to a 3rd party and are therefore cant see redress from yourself . They can sack you though and with good reason which you can do nothing about .

If it were me id tell them that if they do withhold funds you will have to seek legal help ( your house insurance should have a legal help policy attached ) after the funds are removed plus you will also taking it further as you will then be bellow the legal minimum wage . Id tell them your very sorry but they should suck it up as a legitimate business expense and weigh it in against tax like any other repair would be .

Ive been to small claims and employment tribunals a fair few times now and have yet to loose a case .

Phax Sameday

2344

Dont let him take ya money, but make sure he has paid all his subbies first as some seem to over look this time of year.

Nightrider

145
Original Poster

Cheers guys. Thanks for the replies. I feel better, sort of. I really can not be bothered with this crap. Time to move on. Multidrop is such fun at Christmas! I have never experienced so much joy to the world during the season before.

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