Damage to company car (not injured)

[EmEd1984]

Hi all

I couldn't find anything specific to this through Google, so thought I could ask here instead :)

A colleague of mine is given a company car as he is a field sales representative. On his way to a collection this morning, he squoze through a gap which it turns out he thought was bigger, and quite severely scraped all down one side of the car, which he's only had for about 6 months - it was all lovely and sparkly! It isn't the first time he's caused damage to his company car, so understandly the boss is a bit fed up of shelling out for it every time!! They can't let him drive around in it looking such a state as obviously it's what's seen by their customers.

Is there any way my boss could tell my colleague he has to pay for the damage?? I have to say, I'm on the side of my boss with this one, it doesn't seem fair they have to pay for his mistakes every time...they're only a small family run business.

TIA x

[bednobs]

the boss could put it in the contract that your friend has to pay the excess on the insurance and i'm surprised he dosent already do that

[EmEd1984]

he might do, I don't honestly know what my colleague's contract says (it's different to mine; temporary office based)

He hasn't come in from his collections yet, I think a head may roll...!

[Buenchico]

Deductions from pay are unlawful unless the employee's contract states that such deductions may be made, or unless the employee has signed a document agreeing to such deductions (prior to any relevant incident occurring). That also applies to 'sending the bill' to an employee, which is effectively a deduction from pay:
http://www.direct.gov.uk/en/Employment/Employe es/Pay/DG_10027228

If there's no existing written agreement, your boss can't make your colleague pay for the damage. It's also unlikely that he could now insist that your colleague signs a document relating to future damage, as that might constitute a change to the existing contract. The only exception might be through a 'disciplinary' route. For example, your boss might say "I'm sacking you because of your negligence through failing to take care of company property. However, I'm prepared to re-employ you, on a new contract, which states that you'll pay towards the costs of repairing any future damage". (That path would be easier to take if previous damage to the company vehicle had already been dealt with by formal disciplinary procedures).

Chris

[EmEd1984]

Chris, that's great, thank you for that :) I just really wondered what the rights were of both employee and employer so that's perfect.

From what I've gathered here the boss knows they can't force him to pay it, there was just a bit of a debate going on in the office. Asking him to sign a new contract outlining the changes seems like the fairest way for all parties.

Thanks to both of you :)