£180 deducted from my final salary for car cleaning

[Kkimjones18]

Hi all. So... after 2 months working in a sales job, the manager took a dislike to me and I got given a week's notice, that's a different subject. So, I got 1 week's pay as notice and asked to return my car the day after they dismissed me, which they collected. The car had been used about 5 time's, and was in the same condition as was delivered to me.
I received my final 'week' pay which as a single mum left me financially in a crisis, but then they deducted £180 from that for 'cleaning of the returned car'. I couldn't believe it. They didn't tell me prior, and apparently, they don't have to. It left me unable to even buy food.
Is this reasonable?

"There are generally circumstances where an employer can make lawful deductions from pay, but they have to make the employee aware that the deductions will be made."

Op was not aware a deduction would be made for car cleaning,or the amount (unless op there is something specific you signed saying on return of car a £180 charge is deducted for cleaning)

As you say, It has to be express I.e not a vague "we can deduct anything we feel you owe the company without telling you"

It's why general training agreement clauses in contracts are not enforceable because they are not specific enough.

Op honestly, speak to ACAS for advice, they'll help you draft a letter outlining all this.

I didn't authorize any deductions from my salary without being informed. Thanks for your advice anyway , I have no grounds anyway, I'm just seriously devastated as that was genuinely food money. My own fault I'm sure

@Megifer I agree with all your points but I also think Acas will ask ‘what does it say in the company car policy that you signed alongside the contract’ and OP hasn’t told us how much detail is included there.

She’s undoubtedly in a shitty situation, being £180 down unexpectedly. If it’s a small tinpot company she might have some wriggle room - and I hope she takes it and gets her money back! - but if it’s a big organisation it’s more likely their arse will be covered.

I'm sure they have convered themselves, little me can't take them on . I'm just shocked, broken and seriously upset 😭

Ok, my contract basically says we can deduct money From your wages when we want? That's acceptable, not. But yeah, I signed, point taken. Now stop please

All you need to do is

Check contract for reference to car arrangements at end of employment and cleaning costs

Check if anything in a separate agreement that refers to £180 charge

It's not taking them on, its an email outlining the advice ACAS would give (if nothing express anywhere, which means specifically referring to the charge)

As they haven't at least informed you of the deduction in advance, straight away its an unlawful one.

Of course your choice but this shouldn't be too onerous to sort. employers usually realise "its a fair cop" and cough up, I wouldn't let them get away with it tbh but I get it if you haven't got the headspace 😔

No, not necessarily OK unless it’s specific (see the link @Megifer posted and the little discussion we had). Have you got the contract and the car policy? You might still have a case of it doesn’t expressly say you’ll be charged for cleaning.

Whether you’ve got the energy to fight it, is another question.

The important thing here is that it seems you were unaware that the contract allowed them to do this. For them to make this deduction legally, they are required to have made you aware of the relevant clause in the contract and its meaning. Check all the paperwork you have received from them - offer letter, accompanying paperwork, etc. If there is nothing in there about this deduction, it is an unlawful deduction of wages.

Exactly. Was valeted at Belgravia Garage, London, Pall Mall. However, apparently wrong according to comments on here

You could argue it's an unfair contract term. Deductions must be proportionate and reasonable. Ask them for an itemised bill and justify how it cost £180 to clean a car that has been used five times.

There's a good chance you won't get anywhere, however, don't let them fob you off with 'it's in the contract you signed' - that is not an argument that holds any water whatsoever.

Nothing specific to deductions for car cleaning, just a clause about the right to deduct anything owed to them

What's the betting the owner of that rip off garage charging £180 for the spit and polish that would have been required is somehow connected to your ex employer 🙄

So attached the clause they refer to in the contract, .7.

🤣 at that clause. My eyes!!!

Awwww, cute that they think that's sufficient.

Name and shame OP? I had the same thing when I worked for a BT local business, last pay cheque was tiny as a deduction for damage to car, I drove the car right until the minute I left, there was no damage.

you are not likely to get this money back. Can you sell stuff on Vinted or Facebook to make up the money? If sales is your thing check out IT sales, good money.

Contract wording

Yeah, even I am not going to support that one! It would need to be specific to the car, so unless they can produce a policy which states that company car valeting will be done on return and deducted, they can't defend that. I have mostly worked for large, multinational companies with professional contracts, not someone typing it up on their mum's word processor.

I do stand by the fact that your time, energy and anger would be better directed to finding a new job though.

@Kkimjones18 do you have the company car agreement? Look at the terms there.

See below, again this is generic and also only on the employer to decide if acceptable. I could of had it valeted, and they still could of deducted this. If they wanted, they could if taken £500 according to 'their' rights. However, it still doesn't say they have the right to deduct whatever from my DS salary without my agreement 🤝

That is nowhere near specific enough. It allows them to deduct money you owe them, but it doesn't say anything about having to pay for cleaning a company car. If that is all they have to support their actions, this is an unlawful deduction of wages.

Point out to them that, unless they can point to a clause specifically requiring you to pay for cleaning the car, this is an unlawful deduction. If they still refuse to pay, you can take them to employment tribunal. If you think you might want to do that, you need to get moving. You have three months plus one day from the date of the deduction to make a claim.

On the information you have posted, this is a straightforward claim. You should be able to deal with it yourself. However, if you feel you need legal representation, check to see if your home insurance includes legal cover. If it does, they may be able to help. Whatever you do, don't engage a lawyer for this. You won't be able to recover your legal costs from your ex-employer, so you would end up out of pocket.

Ugh. They’re going to say they are covered by this line, especially when read in conjunction with the deductions bit of your contract.

I wouldn’t like it either, OP, but for the sake of my sanity I’d probably let it go at this point. I’m not in your shoes of course x

Even though they have that vague reference to "good condition", as that's subjective, they still must inform you of the monies they intend to recoup and why its proportionate to their 'losses'. Otherwise there's nothing stopping them saying you returned the car with a giant scratch and a smashed window.

Did they do any sort of check with you there when you returned it?

Either way this is more likely than not to be an unlawful deduction on the basis that they did not inform you beforehand. Often sorted with a quick call to ACAS for help drafting an email to advise them of their error.

Yes, this was their response below when I questioned it?

It doesn't matter op. Their clauses are not specific enough.

They are either not great at ensuring contracts etc. are robust, so honest mistake type thing (so they may be grateful of this being pointed out), or they are relying on people just not bothering about losing £180.

I'll stop droning on about this 🤣 but if you do want to spend around 30 mins on this (guessing your hourly rate was less than £90) its absolutely worth going to ACAS. Often a letter informing them you've spoken to ACAS who agree it's unlawful deduction is enough for them to pay up.

Then leave a review on glassdoor.

Easy to say now but I would have firstly cleaned/got the car cleaner and I'd have taken photos.

I think if you push for evidence then they might negotiate but depends if you have the energy,

Have you looked up the valet firm and their price structure? £180 is a fuckton of cleaning plus admin fees.
Was the car in a poorer condition than you might have initially thought?