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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I recently had and accident at work. I was arriving for

Resolved Question:

Hi, I recently had and accident at work. I was arriving for work and I have to use a fob at a security gate to get in, I fobbed in and the gate was rising I began to move forward as usual however on this day I had a ladder on the top of my van I had forgotten this and as I moved forward the ladder caught the gate and the gate was damaged. A new part had to be acquired and the gate was fixed in house by resident maintenance staff. My boss has stated that he wants to a) claim on my motor insurance (I have stated I would rather not as this would affect my no claims and raise my premiums etc), b) wants me to pay £1000 or c) wants me to work off the £1000 by doing extra hours in the factory. I have not seen any evidence of the costs amounting to £1000. Where do I stand on accidental damage? What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Ryan, my name is ***** ***** I am happy to help you today. How long have you worked for your employer for?
Customer: replied 1 year ago.
3 years
Expert:  Jenny replied 1 year ago.
Is there anything in your contract of employment that requires you to pay for any damage to the employer's property?
Customer: replied 1 year ago.
The only thing I can find is a section which refers to care of company equipment "the company provides furniture and equipment to enable you to carry out your work efficiently. Please take proper care of all such equipment and report any loss, damage or any faults immediately so that these can be rectified. You are required to keep work station clean and tidy at all time, knowingly leaving machinery in unserviceable condition may result in disciplinary action."And a section referring to use of personal vehicles on company property "motor vehicles must be parked in an orderly manner in specific parking spaces all vehicles are parked entirely at owners risk and company accepts no liability in respect of damage to, loss of and from such vehicles"
Expert:  Jenny replied 1 year ago.
Hi your employer does not have the contractual right to require you to pay for the damage done to the gate. Unless your employment contract clearly states that you can be liable for damages for company property then the employer cannot take action to recover the cost of the damage. If they try to deduct or make you work for no pay then this would amount to an unlawful deduction from wages. The employer should have an insurance policy. You should ask them on what contractual basis they seek to recover these costs. If you are dismissed for failing to pay then you can claim in the Employment Tribunal for unfair dismissal. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello Ryan, is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 1 year ago.
Is he allowed to request my insurance details to make a claim
Expert:  Jenny replied 1 year ago.
No he has no right to do this. I would suggest you raise a grievance if he threatens you if you do not give the details. Unless the contract says you are liable for damages you are not and you do not need to give this information. I would be grateful if you would now take the time to rate my answer. I am happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you you've been a really big help in this matter I really appreciate tour assistance!!!
Kind regards
Ryan

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