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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been given a letter offering me part-time employment

Resolved Question:

I have been given a letter offering me part-time employment as a driver for a local bus company. Within the letter it states who I report to, that it has a 6 month probationary period, starting salary and the key terms applicable to this post.
Most of the key terms I understand and happy with. However there are two key terms that I don’t understand and when I asked the Operations Manager, who gave me the letter to sign, he was unable to explain what they meant.
The two key terms that I don’t understand are:
1 You accept any and all liability for any damage caused to company vehicles whilst in your charge, and also to damage caused to members of the public or any other third party.
2 You indemnify the company from any and all-legal recourse, which may be sought against the company by either yourself or any third party.
I’d be grateful if you could explain what each means. I am very concerned because the way I read it, if I have an at fault or a 50/50 accident that causes damage to the vehicle I am driving and/or a third party vehicle and/or cause injury to passengers that I am carrying and/or another third party that I am liable for the cost of repair to the company vehicle, third party vehicle or property and for compensation to members of the public. I thought that the companies insurance would have covered this.
If that is not the case do I need to get some sort of public liability insurance to protect myself from any claim that may be made by the company or other third party.
At the bottom of the letter it states:
I have read and understood the conditions of employment contained in this letter and the statement, and agree to accept the appointment under the terms stated.
As yet I haven’t signed and await with interest your explanation and advice.
Yours
Nick
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
What do they mean by
1 You accept any and all liability for any damage caused to company vehicles whilst in your charge, and also to damage caused to members of the public or any other third party.2 You indemnify the company from any and all-legal recourse, which may be sought against the company by either yourself or any third party.
Customer: replied 1 year ago.
Hi Jo
I don't seem to have an answer yet. Is there any chance of one this evening or do I have to wait till the morning.
Yours
Nick
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Have you accepted the job et and if not, when are you due to do this by?
Customer: replied 1 year ago.
I have accepted the job and have been driving for them for two weeks. However I have not signed anything.
Expert:  Ben Jones replied 1 year ago.
Thank you. I will discuss each term in turn: 1 You accept any and all liability for any damage caused to company vehicles whilst in your charge, and also to damage caused to members of the public or any other third party. You are basically agreeing to cover any damages caused to company vehicles, which you are in charge of them, as well as damage caused to third parties or members of the public. It does not say that this will only happen if you are at fault, however if someone else is at fault then hopefully such damage should be covered by their insurance. The issue is if they are uninsured, the liability may fall back on you. 2 You indemnify the company from any and all-legal recourse, which may be sought against the company by either yourself or any third party. You are basically saying you will cover the company for any legal action taken by you or a third party, although it does not say what exactly for or in what circumstances. So your interpretation is more or less correct. However, the company will be required by law to have certain insurance in place which should cover such claims so you will not automatically be liable. I think what they are trying to say is that you may be held liable for any subsequent damages, such as increase in premiums, in the event that a claim is made. If I had these terms, I would personally not be happy to sign, so you may wish to challenge them too. You could say that you are happy to sign anything else apart from them and if not challenged by the company, then you will not be bound. If they refuse to accept this, then you will have to try and negotiate with them to reach an outcome you are both happy with. You cannot be force to accept these but at the same time they do not have to keep you in the job if you refuse to accept their terms so you have to see how far they are willing to go in this respect. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ben, thanks for that. I have just finished speaking with them and they have agreed to remove the two terms. Thank you for your explanation and advice. Had they not agreed to the removal I think I would be looking for a new job.
Expert:  Ben Jones replied 1 year ago.
You are welcome, glad it has been resolved

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