Agency worker getting charged

[businessfunding]

After some legal opinion

My nephew (21) is doing some agency driving in London - minimum wage but it suits him while he looks for a job

All was going well, but about 2 weeks ago he had a minor bump in a client;s car - no 3rd party damage (he tells me), but about £300 of damage to the car - a BMW

The agency were OK about it and due to the small sum agreed to settle with the client without going through insurance. They have now come back to my nephew to share the cost by 25% deduction from future income.

I'm 99% sure they can't enforce this - can a legal bod clarify this for me?

The real concern is that they will get rid of him, either directly or - more likely by putting him to the bottom of the list. It is difficult to prove this is there any law or guideline governing this?

Help is much appreciated

 

[Richie N]

Well generally agencies can't charge the workers, however your nephew seems at fault if he hit this car so I guess £75 is a small amount to pay for the damages.

 

[yorkshirejames]

What was agreed in the paperwork?

This sort of thing is common in smaller companies (though not moral)

 

[Newchodge]

it is illegal if paying for the bump takes him below minimum wage.

 

[yorkshirejames]

it is illegal if paying for the bump takes him below minimum wage.

Do you have a source/caselaw for this, please?

Whilst I won't suggest you're wrong, I don't believe this is how a court will see it.

 

[Richie N]

Do you have a source/caselaw for this, please?

Whilst I won't suggest you're wrong, I don't believe this is how a court will see it.

I agree.

If someone causes damage to someone's property/car then they should offer to pay something.

 

[fisicx]

The real concern is that they will get rid of him, either directly or - more likely by putting him to the bottom of the list.

That's what I would do if I were the agency boss.

Get your nephew to cough up the £75 and grovel to the boss. Might not be something he wants to do but he needs to show he accepts responsibility for the accident.

 

[Newchodge]

An employer may only decuct money from wages, or require an employee to make a payment if it is specifically permitted in an employee's contract.

In calculating the minimum wage an employer can take into account monies deducted as a penalty for misconduct. Having an accident would not normally be seen as misconduct, and paying towards it could only count if a misconduct procedure has been followed, as provided for in the employment contract.

If someone causes damage to someone else's property/car they should be covered by insurance. Do you suggest that someone working for minimum wage should have to pay if they were involvrd in an accident that caused thousands of pounds worth of damage? It is the same principle, whatever the level of damage.

 

[yorkshirejames]

An employer may only decuct money from wages, or require an employee to make a payment if it is specifically permitted in an employee's contract.

In calculating the minimum wage an employer can take into account monies deducted as a penalty for misconduct. Having an accident would not normally be seen as misconduct, and paying towards it could only count if a misconduct procedure has been followed, as provided for in the employment contract.

If someone causes damage to someone else's property/car they should be covered by insurance. Do you suggest that someone working for minimum wage should have to pay if they were involvrd in an accident that caused thousands of pounds worth of damage? It is the same principle, whatever the level of damage.

Basically, yes. This isn't a 'deduction' in the sense of payroll etc, it is a claim for repairs to a van. Whilst the business will have insurance for the legal minimum, it is still entitled to pursue it's uninsured losses from those responsible. A tort if you like.

At 21, my main concern would be keeping this off the mid so it doesn't affect my own car policy.

 

[businessfunding]

Basically, yes. This isn't a 'deduction' in the sense of payroll etc, it is a claim for repairs to a van. Whilst the business will have insurance for the legal minimum, it is still entitled to pursue it's uninsured losses from those responsible. A tort if you like.

At 21, my main concern would be keeping this off the mid so it doesn't affect my own car policy.

Thank you James - answers my question.

 

[Newchodge]

Thank you James - answers my question.

Unfortunately, it answers it wrongly. But never mind.

 

[sirearl]

Well generally agencies can't charge the workers, however your nephew seems at fault if he hit this car so I guess £75 is a small amount to pay for the damages.

Was the car not insured ,you have a legal obligation to inform the insurance company I believe.

 

[Richie N]

Was the car not insured ,you have a legal obligation to inform the insurance company I believe.

It may also be written in the agreement that any insurance claim then the worker will have to pay or contribute towards the excess.
Without knowing the full facts it's very hard to comment.

 

[businessfunding]

Unfortunately, it answers it wrongly. But never mind.

Oh well. I had come to the legal forum hoping to get qualified advice.

Not my problem really is it? My nephew is out drinking beer whilst folk on here are trading opinions.

 

[JEREMY HAWKE]

You just don't do this I have always employed people driving vehicles I would never sink this low .
I take the risk not the employee . I have kicked people up the ass but that's about it , !!!

 

[businessfunding]

I think he's kicking himself in the ass!