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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61762
Experience:  Qualified Employment Solicitor
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I have a problem and you might help with some advice

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Good evening. I have a problem and you might help with some advice
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: The company I work for issued me with a rental vehicle ,as my company vehicle went in for some repairs. I live in the South Maidstone area and was instructed by the company to do some work on the other side of Dartford bridge. They knew I had a rental but now they want me to pay the FPN which is £73 each and we have 5.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a full time employee . I had a meeting with a director and branch manager and they are not very understanding.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: We have a fleet manager in office and they did not update the sysyem with my vehicle details why should I be held responsible

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 9 days ago.
No problem thank you

Is there anything in your contract related to such charges being made?

Customer: replied 9 days ago.
No. Only if I am/was responsible for such penalties, for example parking etc. The dartford may be a inclusive case but if they knew about this
Customer: replied 9 days ago.
I mean if I was responsible for a parking ticket ,by all.means I will pay. But the office booked my jobs, managed my work load and instructed me to attend this specific task. The knew I had a rental , they should have added it on the Dart charges list , but they did not. Never in 3 years working for this company whilst driving company or rental vehicle did I have such a problem

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Your rights will very much depend on what the usual practice in the circumstances is and if the company would ordinarily arrange for the crossing fees to be covered. You say they have a list of vehicles they add if they will make a crossing and if this has always been the normal practice, then there is no reason why you would have expected them to do things differently this time. If they did, they should have at least notified you in advance, rather than left you guess it or find out when it was too late. In the circumstances you should consider challenging them on that basis and asking them to cover the fees, reminding them of what the usual practice has always been and if needed also raise a formal grievance with them to formally complain and get it looked at by management.

 

Does this answer your query?

Customer: replied 9 days ago.
Yes thank you
Customer: replied 9 days ago.
I did this and they demand payment. I see this as unlawfull deductions

Are they automatically deducting it from your pay?

Customer: replied 9 days ago.
Yes, theh gave me no choice, and will deduct full penalties. This month J have paid £25 x 5 for the admin fees charged by enterprise. The company took this all at once. Then I am responsible for the Dart charges which is £73 x 5.

Does your contract say they can do this?

Hello, I am not sure if you saw my query above:

Does your contract say they can do this?

 

Customer: replied 8 days ago.
Yes, but the contract does not state that I have to inform them. No procedure on rental vehicles and reporting. This is a bit of a dark area within the contract

In agree but they can always rely on the fact that the contract allows them to deduct it. So if you disagree with it then you will have to potentially challenge it with a grievance at work, or after that – through the Employment Tribunal as an unfair deduction (even if it may have been legal). Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Yes, I have used a rental on numerous occasions while working for this company and crossing Dartford without notifying anyone and never had any problems. Only after the new manager started this happens.
Customer: replied 8 days ago.
I have requested a grievance document but they keep on refering me to another person then to another and so on.
Customer: replied 8 days ago.
Thank you

A grievance is raised by submitting your complaint in writing to your line manager and advising them you want it treated as a grievance

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