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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50207
Experience:  Qualified Solicitor
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My daughter recently had an accident in her car which meant

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My daughter recently had an accident in her car which meant she couldn't use her car for work she was then given a company car which she used to show someone around a house for sale. While she was in the house some one drove into the borrowed car and drove off. The company she works for says she will have to foot the total cost so their insurance premiums will not rise .She has agreed with this because she doesn't want to lose her job is this right.

Thanks Nick

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?

Customer: Hi Ben she has worked there for 1 year
Ben Jones :

Was she specifically told she would lose her job if she did not pay?

Customer: No not at all but I think my daughter is concerned as she is in the process of buying a replacement car which she has borrowed from myself and her Gran and the the company does have a quite high turnover of staff and the female boss is very tough in her field .
Ben Jones :

If the employer did not have a specific term in her contract allowing them to take any money from her pay to cover such costs, they cannot just deduct the money from her wages. However, there is nothing stopping them from asking her to pay and hoping she agrees. If she does not and refuses, then there are a couple of options really – one is they can consider taking her to court to try and get the money off her, but they would need to prove that she was negligent, which could be difficult. The other is they could simply dismiss her because of her decision. Whilst generally an employer has to show they had a fair reason to dismiss and also must follow a fair procedure, those employees with less than 2 years’ service are not protected against unfair dismissal and can be dismissed for more or less any reason, as long as it is not discriminatory, which is not an issue here. So legally they can say – pay up or you will be dismissed and in order to save her job she may have to consider doing it. If she does not pay, assuming she accepts the risk of losing her job, the employer can only make her pay if they take her to court and win, which as mentioned may not be that easy as they have to show she was negligent in some way.

Customer: Ok thanks Ben that was very helpfull .
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:

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