Cleaner damage

[jugglingmonkey]

Just a quick one, my cleaner damaged/shrank a few of my delicate items in the tumble dryers few weeks back (and broke a photo frame). I'd left a note saying do not put washing in the dryer. Her English is basic but ok.

Afterwards I contacted the agency who apologised profusely and asked for the value of the items. I thought they handled it very professionally.

The total amount equalled the same as our monthly bill, so we agreed to call it quits, I just wouldn't pay the last invoice (and went on to find a new cleaner).

Now the agency still haven't returned my keys. They now say they want to take away the damaged items. That the cleaner responsible is paying the damage and so only fair she should take the clothes.

Someone please tell me this is crazy? I'd far rather donate them to charity, or even to a friend! They don't now belong to the cleaners do they?? Surely an agency should have insurance for this?

[jugglingmonkey]

It's not wearable!! One item might be, but certainly not in its original condition. Last post about car insurance makes sense though... Perhaps I'm thinking about this wrong. I just don't want the cleaner paying, and the agency then making an insurance claim too. Don't want my cleaner paying for a mistake.

[titchy]

And it's up to them whether they claim on their insurance or not. In this case the excess probably makes it not worthwhile claiming. And again it's up to them whether to seek redress from their employee - nothing to do with you.

[HedgehogAtHome]

So they're keeping keys to your house until you give them your underwear? Fuck that.

Their employee damaged the item, admitted liability and I assume it's been paid for through their liability insurance. Whether or not they effectively fine their cleaner for this is between the cleaner and the agency. (If OP is taking the piss, this should have been looked into before admitting liability.)

Have a look at your contract, see who does the liability insurance, ring and ask if they would refuse to pay out until they had your underwear. Then ring agency with results.

[DameMargaretOfChalfont]

Some of these items are my underwear - genuine question OP, what is your underwear made out of seeing as how it's shrunk in the tumbler??
Cashmere, llama skin ???????

My M&S big girl pants have survived years of washing, tumbling and even a couple of episodes where they have had to retrieved from the flower bed (but that's a different thread entirely!!)

Genuinely wondering what your smalls are made from.

[Dontstepinthecowpat]

How do you shrink underwear?

I was going to say the same about a car write off.

Our house was very badly damaged a few years ago, everything that we claimed for had be examined and then taken away by the insurance company, all plugs off electrical equipment, etc. you can't have the money to replace something and keep it also.

Anyway, if it's damaged why would you want to?

[MovingOnUpMovingOnOut]

Hmm sounds like you want to have your cake and eat it.

Or have your clothes and the money for them.

Give the cleaner the items or give the money back and keep them. She can use your old pants for dusters. I presume you weren't quite precious about her handling them when it was part of her duties

[jugglingmonkey]

Wow, this isn't AIBU!

I've just called the agency... She doesn't want to make an insurance claim. She says it will be too long/stressful.

She thinks the cleaner should pay and get the items second hand. One is a maternity dress, one is a wired bra (not big M&S knickers) that I presume has warped somehow, which I don't think my cleaner will a) want, or b) wear. I'd far rather the cleaner didn't suffer and the agency made a claim.

I go through an agency for this precise reason.

[snala]

I agree that the poor cleaner shouldn't have to pay! That's what they're insured for.
I wonder if there is correct insurance in place?
How was it left op?

[titchy]

'You'd rather the cleaner didn't suffer and the agency made a claim' - you do know do don't actually RUN the agency right? It's their business, their employee and entirely 100% up to them how they choose to deal with accidents.

I do agree it's a bit shoddy to make the cleaner pay for the items, but if you want to be fair to any cleaners that come and work for you, the only way to do that is to employ them directly. If you go through an agency you get absolutely no say in how much they are paid or their terms and conditions of employment.

Just give her the clothes FFS.

[jugglingmonkey]

Nope, didn't realise that titchy. When I use a company who advertise themselves as being fully insured I assume exactly that.

Can't believe the aggression on here. If the cleaner is going to pay she can have whatever of the items she likes. Just really surprised at how the agency has handled this.

For future reference can someone tell me how I employ a cleaner directly? What ID/docs do I check and do I need to make a contract?

[icelollycraving]

I suspect if you were going to be an ongoing client you wouldn't be having this. Just change the locks if you don't want to give them the items. I do think holding onto them in case you can wear them is a bit shoddy.

[HedgehogAtHome]

Must be shit being a cleaner. I've made mistakes at work before, I wasn't docked wages for it though, I was always given at least nmw for any hours worked.

[MovingOnUpMovingOnOut]

The cleaner probably isn't an employee and as such probably isn't entitled to nmw.

She is probably self employed and gets some of her work through the agency and I wouldn't be surprised if it was a case of her paying up or no more work being put her way. Poor woman :(

Op if you get a new cleaner you are not usually their employer - they usually work self employed but you can agree terms such as pay, hours, standards etc. I wouldn't suggest you do anything to suggest she is an employee such as pay sick or holidays, run a PAYE scheme or insist on particularly restrictive or controlling terms.

[SnapCackleFlop]

I'm shocked at the replies. I recall a situation a couple of years ago when a woman's wedding dress was damaged by dry cleaners. There was similar argument as they wanted to keep the dress having paid compensation for damaging item but the result was that although they were required to compensate for damage they caused they did not buy the item and had to return it.

Hope you get help on legal board.

[BallsforEarrings]

We are a cleaning company, we are not an agency, our cleaners are employed by us not self-employed so we are liable for damage not them, I doubt our insurance would pay out for us without proof and although I wouldn't want to keep the items myself, it is common knowledge within the industry that you can request the items once you have paid out for them, the money is not compensation for hurt feelings it is compansation for the actual ruined items.

We are also on the panel of an association for cleaning business owners and I remember this being discussed, one of our members got to keep a broken swarovski crystal ornament that one of his cleaning staff had broken whilst cleaning the client's home, he had both the parts and wanted to know how to invisibly mend the beautiful ornament as he now owned it having paid the client for it's replacement.