Trade Plate Driver - unauthorised deduction from wages

[jimbo49]

Hi all,

 

I work for a trade plate car delivery company as a "self employed" contractor, delivering cars up and down the UK. I have 2 issues. They have made what I feel are unauthorised deductions from my wages. First time was a few weeks ago where they deducted £120 for a new tyre, as I had a puncture. This money was docked without warning. More worryingly, they are now trying to charge me £200 odd for supposed damage to a car I was driving, even though I worked on the job with another driver and he also drove the car part of the way.

 

My question is, are they able to make deductions without giving notice? The contractor agreement states "it is the responsibility of the driver for any transit damage to any vehicle in between collection point and delivery point" and also "if any damage is missed, or any damage is made to the vehicle prior to delivery, you may be held responsible for all costs incurred, unless it is proven to be the fault of a third party". Nowhere on the agreement does it state they will make deductions from wages, just that "you may be held responsible". Surely that is a little ambiguous? Are they able to make deductions without proving you caused the damage? Are you liable by default unless you can prove otherwise? I'm hoping to file a claim in the county court for the money they are withholding. Would this be the correct way to proceed? I'm assuming an employment tribunal would be pointless as I'm not an employee and we're only taking about £500 total. I realise I've asked a lot of questions but any help you can provide would be most appreciated.

[Sidewinder]

Hi

 

The Unlawful Deductions angle cannot really be a consideration due to your self-employed status, as that legislation would only apply in the case of an 'employee', as what you are paid would not be deemed 'wages' but payment for a service.

 

What you are left with is an argument over the terms of the contract which you have to provide a service, and if you have a strong enough case, then this would indeed be a County Court claim. To be honest, the terms that you have stated here look (on the face of it) to be pretty conclusive - the fact that it states that ANY damage in transit is the responsibility of the driver, and ANY damage prior to delivery would lead to you being responsible for costs incurred, however that isn't to say that these are 'fair' terms, and it is that aspect that you need to look at.

 

I think that you need to question whether the contract is sufficiently clear to permit the delivery company to deduct arbitrary amounts with no room for you to question the damage or to verify the actual cost of rectifying any problem - and in the case of there being two drivers, how the liability can be shared.

[jimbo49]

hi sidewinder, thanks so much for the reply.

 

So you do think I may be able to pursue a claim under UCTA as the clause stating you will be responsible for any damage, unless their is evidence the damage was caused by a third party may be unfair? I'm surprised they can charge even though there is no evidence I caused any damage and its just as likely the damage was caused by the other driver.What do you reckon?

 

Also with the tyre, when I had the puncture I called the office to inform them, they paid for somebody to come out and supply a new tyre. I then carried on and completed the job. No mention was made of me being liable for any costs. No invoice was raised. The first time I became aware they had charged me was when I checked my bank account the following week and realised the payment I received was £120 light. Are they supposed to give notice when they plan to make a deduction? If they had informed me I was liable for the costs I may well have decided to abandon the job (as I'm self employed I'm sure I have the right to refuse work?) and therefore avoid the charges. Would I have been able to do that? Or would I be liable as I had already started work on the job, so therefore obliged to complete it?

 

This all seems a bit of a grey area. Any thoughts you have you be appreciated.

[jimbo49]

if anybody else has any thoughts on this then please respond. thank you.

[stu007]

Hi

 

I agree with Sidewinder.

 

My concern would be:

 

1. How can a Puncture to a Tyre reasonably be classed a Damage to that vehicle and what is their evidence for this?

2. The other damage claims once again what is their evidence for these claims.

3. What is this companies handover procedure to you revieving that vehicle. (What is there Policy and Procedure for this)

4. What documentation is taken and provided at handover of the vehicle to you then to client. (Ask for copies)

 

 

 

I see not one mention of any actual evidence provided to back up these claims written or especially photographic.