Accidental damage at work

Accidental damage at work

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I have a client who was an employee of a courier/van driver business.

He has now left that employment as of last week and has secured a job elsewhere.

The client in question drives a very large sprinter van. About twice the size of a normal transit van. A few weeks before leaving he accidentally (and I do sincerley mean accidentally) reversed into a stone pillar which was in his blind spot (one of those pillars that stop cars entering small walkways etc).

The foot stand where he gets on and off the back of the van was damaged, but he was still required to keep using it.

Now that he has left they have text him and asked when he will be paying for a new foot stand. Approx £150. This isn't small money for my client.

Does he have a legal obligation to pay for it, or should an employer have some sort of insurance against accidental damage? Or for that matter, insurance on the vans that covers this sort of situation? If so, do they have to claim on their insurance or can they try and take it from the ex-employee?

Really appreciate any help on this one!

Replies (5)

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By tom123
14th Aug 2013 12:18

No implied obligation on the employee.

In effect, actions of employees often end up costing employers in one form or another. There is no automatic recourse to the employee for these things. We have all made mistakes.

However, if they did try to recover any of the cost they would need to point to something in the employee driving policy, or contract of employment. If there is no policy, or the contract is silent, there is nothing to be done

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By Kirkers
14th Aug 2013 12:27

Hi Tom

 

Thank you for your help.

He doesn't have a contract of employment, and has never signed one.

Even though they were told it was a legal obligation to provide employees with one.

 

 

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By mrme89
14th Aug 2013 12:37

Then tell them "I am not

Then tell them "I am not liable to pay as per my contract of employement". That should do the trick? :-)

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By Richard Willis
14th Aug 2013 12:38

I agree

Unless there is an express clause in a contract, if any, or in an employment or driving manual specifically pointed to by such a contract, then the employer has no recourse on the employee for accidental damage.

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By Kirkers
14th Aug 2013 12:39

Thank you very much everyone.

I thought the same but I definitely did not want to advise client if there were a few loop holes.

 

I appreciate the help.

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