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Insurance excess - company withholding wages

I have recent finished a driving job for a security company which I did on an temporary basis (working directly for the company). On my last day of employment I had pranged one the company van I was driving while reversing.

I have now been told that the person owning the vehicle has come forward and will attempt to claim from insurance. The company's director has told me that he is freezing the wages the company owes me until the situation is resolved, because this is taken as cover for the excess (£250 per claim).

I have checked my contract and the relevant passage regarding vehicle usage is worded: "The company's insurance policy carries an excess of £250 per claim, any accident deemed to be your fault will result in this excess being deducted from your wages in installments."

There is nothing in the contract however to state that the company can withhold wages. I have spoken to a legal advice helpline who say that the deciding factor is the wording of the contract. They have advised me that I may have to go to tribunal and complete a form ET1.

Could anyone offer me any advice if they know anything different?

Thanks.

Andy008 Sun 13/07/08 18:10

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bednobs
Sun 13/07/08
19:41

it seems pretty clear to me - they can only take one installment because it's your last wages from them. They seem to be acting within your contract. Are the wages you are owed more than 250?

Andy008
Sun 13/07/08
20:06

Question Author

Yes I believe the wages owed are around 750 pounds.

code1
Wed 16/07/08
08:43

I recently stopped working for a large London company as a van driver.

The insurance excess was £1000.

I came out of an office, and found somebody had reversed into the van causing damage to the drivers door.

No witnesses, so it was my fault in the companies eyes..

Last pay packet minus £1000 - Beans of toast for a month !

My advice to ANYONE driving for a living is CHECK the small print of your contract.

£250 sounds like a result my friend.

Good - Luck

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