Can a company make a driver pay for damages to the truck?

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emmy.dier
Posts: 18
Joined: Mon May 31, 2021 8:30 am

Re: Can a company make a driver pay for damages to the truck?

Post by emmy.dier »

mradamski80 wrote: Tue Sep 14, 2021 6:41 am Unlikely to hold out in court if it something slipped into the formality of a contract. An employment tribunal will be looking for something more robust, like agreeing to make the payment after the event. Then you need to think of minimum wage. If the deduction causes the driver to have their earnings drop below minimum wage fir the pay period, you are likely to be prosecuted. Now you also run the risk of losing repute with the TC.
been to two tribunals and won them both. Second time the judge or whatever they called moaned at the driver and said it’s in your contract and you signed for it why are you wasting our time. The only thing you have to be careful of is agreeing the repayment plan doesn’t push the person into financial difficulty. We have agree anything from 5 to £20 per week
tm8544
Posts: 8
Joined: Sat Jun 19, 2021 1:50 pm

Re: Can a company make a driver pay for damages to the truck?

Post by tm8544 »

If it’s in their contract, of course.
mll
Posts: 8
Joined: Sat Jun 05, 2021 3:21 am

Re: Can a company make a driver pay for damages to the truck?

Post by mll »

No employers liability is a legal obligation and third party insurance ( only liability for an employee is there job ) unless an illegal act
Aaronh0103
Posts: 11
Joined: Wed Jun 09, 2021 10:16 am

Re: Can a company make a driver pay for damages to the truck?

Post by Aaronh0103 »

Depends on the terms snd conditions of the employment contract. That would my first port of call
jnichel
Posts: 7
Joined: Mon Jun 28, 2021 7:00 am

Re: Can a company make a driver pay for damages to the truck?

Post by jnichel »

I have a (car) driver who didn’t check fluids, ignored oil warnings and caused £5000 damage to a 19 plate car. His manager accepted the costs against his department cost centre rather than go after the driver because he didn’t feel it was worth the effort in case it went legal, even though our driver handbook clearly states it is the drivers responsibility to ensure their vehicle is fit to drive. I’ve had van drivers fail to get their vehicle serviced for 40k miles, invalidating the warrantee, then when problems have come up and the vehicle costs thousands for repairs, the area managers don’t want to hold the drivers responsible for costs, even with the same clause in the handbook. Fortunately I’ve not had major issues with any of the HGVs yet, but I suspect the same would happen. Joys of being an internal TM, I guess.
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