Boss threatening to make driver pay for damages

Hi,

Sorry if I’m not posting in the right thread but as a recently qualified driver I thought this was probably the best place.

I’ve been driving class 1 for a family company for almost 5 months. I passed my test at the start of the year so as this is the first job I’ve always been very grateful for them taking me on.

Until yesterday I’ve not had any accidents, I knocked another trailer (fridge) with my own and caused a small amount of damage to both. I understand that the fridge may be costly to repair.

My employer says I’ll be paying for damages he also told me he’ll do everything possible to deny that his lorry was even involved. I’ve absolutely no contract so I assume I can’t be forced to pay for damage, or can I? I’m assuming it’ll be a case of “pay up or leave”.

Thanks.

Sorry, but this is probably going to end badly. He should simply claim on his insurance - job done. Yes, it will affect any NCB but that’s life.

If he insists that you’re paying he has 2 ways of trying to make this happen. Firstly he can just ask you for the money (what a waste of time) and, I hope, you will refuse. If he says he’s taking it out of your wages, ask him to show where you signed an authorisation for this deduction. If he takes the money out of your pay without written authorisation he is breaking the law.

If you then leave under an atmosphere of bullying, you may have a case for constructive dismissal. You wont get far with it because you have no meaningful length of service. Not my field of expertise and you should seek expert advice on this.

Sadly, you’re probably going to end up looking for another job and the bit of experience you have will help.

I have no idea what your thoughts are. An unpopular option would be to pay for the damage in order to keep your job. But do you really want to work for someone under those circumstances. I wouldn’t but I can understand how that could happen.

Best of luck, Pete

Boss cannot legally make you pay for damage unless they can prove you did it deliberately or it is written in a contract that you signed

If bpss says pay or lose your job then insist that is in writing - that way you can take boss to tribunal/court

I would say to this clown, stick your job. Yes it means walking out without a job to go too but that place seems toxic. Unless you’ve signed a document agreeing to pay for any damage then he can’t force you. As Peter says, if they withhold it from your wages then you can take them to court and rip them a new one.

If you pay up then you’re playing into his hands and forever will be. Things get knocked, that is what insurance is for. If he doesn’t want to use his then you don’t need to work for that clown.

Also, how would he be able to deny that his wagon was involved in a knock if there is CCTV and/or witnesses?

Really appreciate all your replies.

I’m very tempted to throw in the keys on Monday and walk but a bit of me wants to stay just to get the sack so I can go to a tribunal. Maybe not worth spending the time and energy on it though.

It’s an area covered by CCTV so how he thinks he’ll deny it I don’t know. It was my fault and I hold my hands up to that.

I’ve signed no contract. None of the drivers have any form of contract, he thinks that means he can just sack someone on the spot though I think the courts would have a different opinion.

Thanks for the messages.

He could just be trying it on to see if you’ll pay up, but if no one has a contract that sounds like a cowboy outfit.

As hinted, as you not been there two years you really got no chance at a tribunal and would be a waste of money. Personally I would sit tight, wait to see what he says and if he insists on you paying tell him you cant afford it and hand in your notice.

As odd as it sounds, and this isn’t easy, I’d try to leave on decent terms as it might turn out he’ll give you a decent ref for a new job. Some people are like that and others will be a-holes…just never know.

bingostar:
Really appreciate all your replies.

I’m very tempted to throw in the keys on Monday and walk but a bit of me wants to stay just to get the sack so I can go to a tribunal. Maybe not worth spending the time and energy on it though.

Hi bingostar,

I’m sorry we meet in such unpleasant circumstances.

It’s not automatic that you meet the criteria for going to a Tribunal regarding a dismissal, so IMHO you’d do well to get a professional opinion.

bingostar:
It’s an area covered by CCTV so how he thinks he’ll deny it I don’t know. It was my fault and I hold my hands up to that.

He seems the type who make up their own rules as they go along, but they’re the ones who cry loudest when reality catches up with them.

bingostar:
I’ve signed no contract. None of the drivers have any form of contract, he thinks that means he can just sack someone on the spot though I think the courts would have a different opinion.

The law favours you here…
It doesn’t matter whether you have signed a contract or not, because the law imposes one on both of you whether you/the boss like it or not. (That’s my point about reality. )

Under the law, you have the right not to suffer any unlawful deductions from your pay. Simples!!

If the boss deducts money from your pay (other than proper deductions required for Tax and NI) then he’s broken the law unless he has a document giving your permission for such deductions and signed by you, and dated in advance of the deduction being made.

Without such a document, then other deductions are unlawful.

There is no qualifying period for a claim for unlawful deduction(s) from pay, so you’d have a slam-dunk case if money disappears from you pay without your signed and dated consent.
However, and as already mentioned… he can pretty much sack you with impunity if you haven’t been there long enough to meet the criteria for a Tribunal case for the unfair dismissal. Hence your need for professional advice.

There’s no doubt that this is a very tricky question for you to resolve.

I still say leave before they can sack you. If you don’t pay then you’re pretty much done anyway and if you aren’t the atmosphere there will be most unpleasant!

Had my (Class 2) licence a similar amount of time, so interested to hear of your situation.

No shortage of great advice in this thread already, like this for example:

trevHCS:
As odd as it sounds, and this isn’t easy, I’d try to leave on decent terms as it might turn out he’ll give you a decent ref for a new job. Some people are like that and others will be a-holes…just never know.

What I would add to that is however it goes next week, keep the following uppermost in your mind when dealing with the guy:

bingostar:
as this is the first job I’ve always been very grateful for them taking me on.

I am not for a moment suggesting that you should feel a debt of grattitude SO large that you pay up for this damage, I’m merely trying to point out that fundamentally you like your employer ('cause they gave you the job) and now he’s having a bad day ('cause it turns out that he doesn’t live in the real world where accidents happen and insurance pays for them) , so you can actually just try being sympathetic / very apologetic / feel his pain .

With that approach he might even see sense and use his insurance - realise you’ve been good up untill now and that he doesn’t actually want to lose you, while perhaps adding that although he’ll cover it this time, next time you’re straight out the door (as saying that will make him feel better).

In a nutshell you’ve nothing to lose by remaining the very grateful person you already are and seeing if that gets you anywhere, but if he won’t relent, then time to go and be grateful for the 5 months experience…

I’m confused,if he’s saying he will deny his lorry was involved then surely that renders you absolved of any blame anyway unless you were dragging the trailer with your bare hands?!

As said he can’t make you pay,only an absolute idiot would allow this to happen…sorry to any idiots on here

xichrisxi:
I’m confused,if he’s saying he will deny his lorry was involved then surely that renders you absolved of any blame anyway unless you were dragging the trailer with your bare hands?!

Indeed, if his truck was not involved how could it have possibly been you? Bumps happen, you have done the right and been honest, it sounds like your boss is not as honest as you. See what happens next week but don’t agree to pay anything. He sounds like a bad boss to work for so even if it smooths over I would be looking for a job elsewhere as I would have a bitter taste in my mouth.

Radar19:
I would say to this clown, stick your job. Yes it means walking out without a job to go too but that place seems toxic. Unless you’ve signed a document agreeing to pay for any damage then he can’t force you. As Peter says, if they withhold it from your wages then you can take them to court and rip them a new one.

If you pay up then you’re playing into his hands and forever will be. Things get knocked, that is what insurance is for. If he doesn’t want to use his then you don’t need to work for that clown.

Also, how would he be able to deny that his wagon was involved in a knock if there is CCTV and/or witnesses?

I agree with the backbone approach!
Plenty of other crap work about paying similar money with no deductions…
No contract to me also means no ties!

They can shove their preached loyalty up their arse, as they wouldn’t mean a word of it, if push comes to shove…
Ask Dozy!

Basically of you’re a sound safe driver with a good record, you won’t struggle for work…

Hi Guys,

Really appreciate so many people responding.

Now I’ve had a chance to sleep on it I agree with the prevailing opinion of don’t be hasty and throw in the keys but get looking for work elsewhere, and don’t agree to pay.

KTMRider is right, I do really appreciate this guy giving me a chance but at the same time loyalty only goes so far. Since I started I’ve seen 5 drivers come and go in there, Radar19 is right it’s a toxic atmosphere.

Out of the blue I met a guy who left a few weeks ago yesterday, although he’s had his licence less than me he walked straight into a job with a big distribution firm and is loving it. Says they are crying out for drivers so I’ll be on the phone there first thing.

Thanks.

Good luck fella,Sounds like a bad manager/Boss .Once you leave, you will find there are decent firms still around .

Good luck mate. You don’t wanna be working for someone like that. Keep us updated how you get on.

Make sure you chin that ■■■■ on the way out the door! And chin him hard.

‘Loyalty’ is a two way thing mate. Scratch mine and I do likewise sort of thing. I’d also hang about and see what happens as said and try and leave on good terms if that’s possible. I once worked for a fella who stung me out of a weeks wages with the excuse that I’d damaged a car, which was BS… I wrote a signed note to him and put it through the office letterbox telling him I have taken the car and will keep it until I am paid what I am owed. He forked out because leaving the note made it a civil matter and not a criminal one and the Police didn’t want to know. Lien is the term if I recall.

I’d tell him to ■■■■ off. That’s what the bloody insurance is for.

When I was a rookie driver (many years ago now) I dropped a trailer in the yard but forgot to lower the legs. Boss was straight over, said if they were damaged then I would be paying for them. Fortunately for me they were okay, and as a result I am very careful to check twice that the legs are down. Perhaps the threat of having to pay made me learn a lesson?