Wages docked for supposed damage to guttering during Cable Installation i did

[chrish34720]

Hi guys

 

i work for a company called xxxxxxxx a company who are well known for ripping people off on the job,

I work on the Virgin contract and had a job which involved abit of cable clipping and cable splicing

as the customer didnt want extra holes drilling through her conservatory

 

 

luckily i found an exsisting RG6 sky cable on the roof of her property which i barreled on to and tucked behind the gutter

no tugging or pulling involved as i just slot it behind and then clipped the way around to my access point.

 

6 weeks had passed since the job had been completed and the customer claims that i have pulled the guttering away from the fascia

and has caused a leak and claims she has had the guttering people out to take a look at it would cost £300 but has no proof of a quote in writing

, any invoices to the job being completed or any photo evidence to support her claim against the guttering being damaged.

 

I phoned my manager today to be told that i have had enough and have been asking for the proof to this claim

if he has it i will hold my hands up and settle the damages

he claims there is no proof of the work being done or any quotes, invoice etc

and its classed as SETTLEMENT OF CLAIM which means they arnt required to provide me with any information.

 

The company is a complete and utter joke and have no idea how these people are still running

 

They have already took £50 of the settlement from my wages without telling me about it,

signing any paperwork to show i approve of it and the contract does not state they are allowed also

 

I have £250 remaining and another £50 is due to be taken from me on 28th of this month

 

DO I HAVE ANYWHERE TO STAND HERE IN TERMS OF A TRIBEUNIAL IVE TRIED MY HARDEST TO WORK WITH THEM

ON THIS MATTER BUT NOTHING AS THEY ARE NOT INTERESTED THE AMOUNT OF PEOPLE WHO

HAVE LEFT THE COMPANY DUE TO THESE PEOPLE I HAVE LOST COUNT

Edited October 14, 2015 by honeybee13
Employer name removed for confidentially.

[steampowered]

Have a read of http://www.legislation.gov.uk/ukpga/1996/18/section/13

 

In short, the company must have your written consent (e.g. a signed employment contract saying they can do this) to make deductions from wages.

 

If they don't have that, you can complain, and ultimately sue for unpaid wages either in the Employment Tribunal or by bringing a small court claim. Since Employment Tribunal fees were introduced, it is now cheaper to bring a small claim.

 

We've removed the names of the companies concerned for your protection

[obiter dictum]

They cannot take money from your wages unless it is stipulated in your contract of employment

 

Making you pay for any damage should be included in the companies own insurance liability

 

Accidents do happen

 

What provison is in your contract of employment about taking money from your wages, and i am not talking of an overpayment of wages.

 

I am talking personal liability for any damage caused

[SabreSheep]

Caution we have made the assumption here that the OP has a contract of employment where they may have a contract FOR employment.

 

Simplistic terms, is the OP a contractor or an employee?

[chris34720]

That is exactly what i thought to be fair, Im guessing you guys know what TUPE means i worked for a previous company on the same job but they lost the contract to the company i work on behalf of then i know work for the new contractor so i went over on my old terms and conditions, when my previous contractor used to charge you for lost tooling etc they would write it down on a company letter headed paper with breakdown of charges (tools) and ask you to sign it before you paid the charge this company seems to do the opposite.

 

I signed a few documents for the new guys but didnt recall anything in the documents saying they have the right to take money from our wages as it suits them

 

What annoys me no proof has been supplied regarding the damages so why am i the one to cough up the charges

 

Thanks

[obiter dictum]

Lost tools i can understand

 

It is unforseen/unintentional damage and Force majeure i have issues with with and charging the employee. If you were Tuped then you are an employee

[SabreSheep]

company insurance?

[obiter dictum]

My thinking exactly

 

Public liability insurance

 

The employee should not have to bear the cost of this which the company has to have by law

 

This is like if you get a parking ticket in a works vehicle, the employee is not liable for the penalty amount unless it is written into their contract of employment

 

Occupational hazard

[chris34720]

Ah well now you mention the parking tickets thats another thing they try to throw onto the employee as you say i am employed (not self employed) this company is also in the middle of bully tactics to try sign us over one of them was threat of redundancy and then retaken back on via there terms i.e self employed

 

I am thinking of writing to my Human Resources department with some of the information you have provided

 

Anything else i should add do you think

 

Many thanks guys i really appreiate it

[obiter dictum]

Check back later tonight

[chrish34720]

what am i checking back for ?

[obiter dictum]

You need to look into section 13 employment rights act 1996 if no contractual provision allows deductons directy from your wages

 

Only a court can make deductions or the employer if an over payment of wages has happened

[andydd]

My thinking exactly

 

Public liability insurance

 

The employee should not have to bear the cost of this which the company has to have by law

 

This is like if you get a parking ticket in a works vehicle, the employee is not liable for the penalty amount unless it is written into their contract of employment

 

Occupational hazard

 

Yes..surely this would be covered by insurance, either the company or if you are self employed you would have to show that you are insured before taking up the contract.

[chrish34720]

Im speaking to the top boss tommorow and im demanding he proves the business has liability insurance may have to involve my union if he becomes an idiot

[Emmzzi]

Im speaking to the top boss tommorow and im demanding he proves the business has liability insurance may have to involve my union if he becomes an idiot

 

Perhaps you should check what you signed but cannot remember what it was, before you start demanding anything?

[ericsbrother]

you should be asking for what evidence they have of the damage being done at the time of the installation. They may well have paid up for good public relations reasons but that should not be at your expense. This may well be a good enough reason as to why the deduction from salary is not within the terms of your contract so worth plugging away at it.