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Work van- paying excess after accident?

(3 Posts)
workvanhelp Thu 27-Apr-17 18:21:00

Wise mumsnetters I would appreciate some advice (have name changed as details very outing). DH had an awful day at work a few weeks ago where he had two accidents in one day (this was just 2 days after I had an MMC and ERPC so I don't think his head was in the right place).

The first one was a bump- completely his fault when reversing out of a customer's drive he bumped into the back of another vehicle- not huge amounts of damage as he carried on with his working day after swapping insurance details.
But then later that same day he was in a crash involving two other vehicles. No one knows who has been deemed to be at fault at the moment but he was the back of a line of three vehicles that all crashed into each other so he's worried he'll get the full blame for that.

Anyway- work has just called him and told him he has to pay the £750 excess on BOTH accidents so he owes them £1500??? They've also said they've docked his salary £100 this month and will do so £200 per month until it is paid back... Is this allowed? He doesn't even have a contract (He's been working there 6 months) so was not aware of how the insurance thing worked and has certainly never signed anything.

I could appreciate it if he was using the van in his own time but he isn't allowed and doesn't (the one time he did we had to get specific permission and at that point agreed in writing to take responsibility in the case of a crash).

Are they allowed to do this? What should we do? I'm trying to do some research before we respond. So far this has all been said to him verbally over the phone...

AnnieOH1 Thu 27-Apr-17 18:29:47

Do you have legal cover? Phone them or speak to a local employment solicitor, usually you will get a free consultation. Failing that call ACAS.

Deductions from pay are automatically unfair without prior agreement.

Does the company have a staff handbook?

I would be prepared to walk away, and sue for lost wages (not at tribunal but through county court as a small claim). Expect a counterclaim for the insurance but I would say they would need to prove the employee agreed to it, without a signed contract...

workvanhelp Thu 27-Apr-17 20:46:15

Annoyingly no legal cover and no handbook or anything... will maybe try local solicitor but not sure whether to first email boss saying not happy about this suggestion- never agreed to this etc etc and see what is said. Or should we first see solicitor?

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