Check out some similar questions!

paulcuk · May 17, 2012, 04:32 AM

I have just released an Employee after 6 months of this person being off with Stress Related Illness. I have finally got an independent Occupational therapist to agree that he is required to face me in a meeting, which he didn't do so I have sacked him for gross misconduct. Now that is all sorted I have received his stock back off him and his company vehicle. His stock is below what it should be and is also damaged (To the tune of £200.00) his vehicle has been allowed to go unserviced for 7000 miles meaning the warranty is now invalidated, there is also damage to the vehicle (Directly caused by lack of service) for £300, there is also cosmetic damage to the tune of £500.

In total the amount owed to my company is £1100.00

I have signed agreements off him that he would look after the vehicle and stock and also past cases that he has done so.

How would I pursue this?

Fr_Chuck · May 17, 2012, 06:07 AM

You will need to explain in court,why as soon as he went out on leave, you did not get the vechile back, employees who are not active in their work as a norm have to return a company owned vechile. ** or was he "buying" though a contract or it was considered his own business and vechile usage was charged against his income ?

The miles being over appears to be a management issue, what policy and procedures do you have. Are they required to do weekly mile reports, service reports and more ? And unless vechile warrant is different where you are at ( I notice you are not US) seldom does going without reciepts of service for just 7000 miles void a warranty. So I may say that is a over reaction or over statement ( which you want to avoid in court, you want to ask for actual proved damages.

If he was still working, like your other employees, if they have minor body work done, who pays for it ? If there is minor engine work done who pays for it, If all your employees have to pay for this type of work, you may sue him for it. If your company does nothing to anyone else for slight body damage or it pays for service to the vechile, then I see no real case hear, You can not treat them different than other employees. So if you would sue or deduct this from their pay if they were working, you can do the same to them now.

For the missing stock, I will assume you have a list of stock that was on the truck before , so yes that can be sued for.

paulcuk · May 17, 2012, 06:31 AM

The miles over the service schedule have invalidated the business contract lease agreement with the lease company, we no longer have cover in the event of the vehicle developing manufacturers faults, this was an independent mechanics statement, not ours.

The service schedules have always been completed by the employees (All employees are responsible for their own vehicle, they simply need to inform the company of what is required to maintain its condition) The employee in question has four years of correct service notifications behind him and only missed this one due to their own incompetence, he also during this dispute over his leave of absence DEMANDED new tyres be fitted whilst the vehicle was at his home as they were below the legal limit on tread. This is proof that he was competent enough to check his tyres and demand action but not to notify the company of the vehicles requiring its service. Again due to his incompetence.

The reason the vehicle was not returned is that he pays a "benefit in kind" out of his monthly wages to use the vehicle for private mileage, this benefit in kind is made up of tax increases and contributions covering his own personal mileage for petrol. As he still had a personal requirement for this vehicle despite being off work with an illness we could not remove this from his possession. The employee in question refused to return the vehicle to us and our personnel department (Who we pay a monthly subscription to and are completely independent) advised us against removing this from his possession.

Regarding the body work and damage to the vehicle. The damage to the vehicle is engine related and has been directly caused by the vehicle missing its service schedule, this again has been confirmed to us by an independent motor technician. To return the vehicle to road-worthy condition the actual cost was in excess of £700 however only £300 of this could be attributed to this employee's incompetence and was directly caused by missing its service. Employees sign forms that say in the event of them not maintaining their vehicle they are liable for the first £500 of any costs attributed to the company.

The cosmetic damage is directly caused by this employee during the use of the vehicle and is classified as in excess of what is considered fair wear and tear, all employees sign forms that state in the event of the vehicle being returned with damage they are liable for all costs with unlimited limits.

Regarding the stock, the stock levels returned did not match up with the stock levels this employee said, the discrepancy in the stock and also the damage to 2 x pull up banners resulted in the costs I quoted.

We were unable to deduct this employees pay for two reasons.

1: The final 5 months of their employment they were earning less than £250.00 per month on Statutory Sick Pay

2: Our personnel department advised us to not withhold any payment as this employees employment was terminated for Gross Misconduct, this employee had written a letter hinting that he was going to sue our company for wrongful dismissal (He hasn't) and they recommended that by withholding any pay for whatever reason could be construed as unfair.

We have signed paperwork for the vehicle and stock that clearly states that both are the responsibility of the employee and any shortfalls or damages must be paid in full.

smoothy · May 17, 2012, 06:53 AM

I'm curious what kind of severe damge would result on a vehicle after only 7,000 miles of a missed regular scheduled maintenance? (thats generally 2 oil changes). Particularly 300 British pounds worth (roughly $474.15 US Dollars at today's rate) Being I've driven well over a million miles and worn out over 14 vehicles in the last 34 years and do ALL my own maintenance and repairs on both Diesel AND gasoline (Petrol) powered cars trucks and motorcycles. I restore Antique cars as a hobby. I question that mechanics claim...

AK lawyer · May 17, 2012, 11:19 AM

Originally Posted by paulcuk

... His stock is below what it should be and is also damaged (To the tune of £200.00) ...

Yet another interesting difference between the American and British varieties of the Queen's English, apparently. "Stock" over there refers to what, tools and such used by the employee? I would understand the term to mean goods to be sold.

smoothy · May 17, 2012, 02:40 PM

Originally Posted by AK lawyer

Yet another interesting difference between the American and British varieties of the Queen's English, apparently. "Stock" over there refers to what, tools and such used by the employee? I would understand the term to mean goods to be sold.

Or Inventory of any type of material that is company property is how I interpreted it.

AK lawyer · May 17, 2012, 05:21 PM

Originally Posted by smoothy

Or Inventory of any type of material that is company property is how I interpreted it.

Maybe, but I was thinking goods for sale would probaby be replentished by the company at it's cost. Same with material used, if it's a service-type business.

Fr_Chuck · May 17, 2012, 07:42 PM

I see a law suit, and of course you sue for any and everything you can think of. I doubt if the person fights it, and presents well, you will win it all. Again new recommendations for oil changes is 5000 miles, not the old 3000 it used to be, so they are just 2000 miles over a service. And to be honest having driven lease vechiles here in the US for over 15 years, I have never had a issue about service on them to warranty, So I think that will be hard to win, but heck go for it.