Apprentice and works van

Author
Discussion

LC121

Original Poster:

9 posts

Tuesday 5th November
quotequote all
My son is leaving his apprenticeship job on Thursday. He has been with this company for just over a year. He has had a van since day one.

The company are not happy about my son leaving. He is now getting billed over £500 for the new tyers that were put on the van whilst he was using it, being billed for a body part that he ordered through the company but fitted himself in his own time. The part was very worn and kept falling off so he wanted it fixed.

The van has been kept in good clean order the whole time he's had it.

He's been told this money will be getting taken out if his wage.

Surly this isn't right?

I'm quite shocked about this.




bad company

19,471 posts

273 months

Tuesday 5th November
quotequote all
LC121 said:
My son is leaving his apprenticeship job on Thursday. He has been with this company for just over a year. He has had a van since day one.

The company are not happy about my son leaving. He is now getting billed over £500 for the new tyers that were put on the van whilst he was using it, being billed for a body part that he ordered through the company but fitted himself in his own time. The part was very worn and kept falling off so he wanted it fixed.

The van has been kept in good clean order the whole time he's had it.

He's been told this money will be getting taken out if his wage.

Surly this isn't right?

I'm quite shocked about this.
No that’s not right and sounds like an illegal deduction.

Of course he could take the tyres off and leave the van on its rims.

LC121

Original Poster:

9 posts

Tuesday 5th November
quotequote all
I've told him we will be taking photos of every bit of the van before he gives it back on Friday. I'm absolutely stunned they are playing this trick with him. He's only on an apprenticeship wage too.

A500leroy

5,591 posts

125 months

Tuesday 5th November
quotequote all
bad company said:
No that’s not right and sounds like an illegal deduction.

Of course he could take the tyres off and leave the van on its rims.
This. Find some old wheels and tyres and return it to them like that if they want to be petty, also remove that piece of trim.

shed driver

2,358 posts

167 months

Tuesday 5th November
quotequote all
Will the deductions take him below national minimum wage?

Also what industry is he in? My son had the same problem when an apprentice mechanic. He was involved in an RTC and the company wanted to deduct the insurance excess.

SD.


LC121

Original Poster:

9 posts

Tuesday 5th November
quotequote all
Yes he's doing plant hire mechanic so similar. It would basically wipe out this weeks wage. He is owed a few holiday days. But not sure how many.

matchmaker

8,648 posts

207 months

Tuesday 5th November
quotequote all
bad company said:
No that’s not right and sounds like an illegal deduction.

Of course he could take the tyres off and leave the van on its rims.
Might depend on his contract of employment, but it looks illegal according to ACAS.

https://www.acas.org.uk/deductions-from-pay-and-wa...

Sir Bagalot

6,619 posts

188 months

Tuesday 5th November
quotequote all
Lots of photos.

If any money deducted follow this

1/ Write letter detailing costs deducted and asking for full explanation

2/ Letter before action

3/ MCOL

Davie

5,022 posts

222 months

Tuesday 5th November
quotequote all
Who owns the van? Who is responsible for paying the maintenance costs? Does he have it in writing that he, the driver is responsible for tyre wear / damage / damage in general? Did he report the tyres as low and get authority to replace them or has has done that off his own back? Ditto the damaged piece of trim? Feels like there's a bit more to this...

LC121

Original Poster:

9 posts

Tuesday 5th November
quotequote all
The company own the van. They are responsible for the upkeep of it. Yes when my son had a blow out on the motorway he was able to change it himself. He was then told to take the blowout to be sorted. Resulting in a new tyre. This was all billed directly to the company. When the old bit of body trim kept falling off my son ordered the new bit on the company's account as told to do so. He fitted it himself in his own time rather than tape the part up again and again. This all seems incredibly petty as these things happened months ago. Some last year. But suddenly now he's leaving they are billing him.

Bobupndown

2,146 posts

50 months

Tuesday 5th November
quotequote all
My brother had a first job, van driver for a tool company at 18, similar circumstances he was leaving and they weren't for paying him. My dad went round and had a chat in what was probably quite straight talking. Owed payment duly received.

Simpo Two

87,066 posts

272 months

Tuesday 5th November
quotequote all
LC121 said:
This all seems incredibly petty as these things happened months ago. Some last year. But suddenly now he's leaving they are billing him.
Sounds like spite/cash grab to me. They've paid him to be an apprentice during which he's presumably learned a lot from them and maybe don't like the fact he's taking his skills elsewhere. I agree with all the above posts - don't take this lying down.

bad company

19,471 posts

273 months

Tuesday 5th November
quotequote all
LC121 said:
The company own the van. They are responsible for the upkeep of it. Yes when my son had a blow out on the motorway he was able to change it himself. He was then told to take the blowout to be sorted. Resulting in a new tyre. This was all billed directly to the company. When the old bit of body trim kept falling off my son ordered the new bit on the company's account as told to do so. He fitted it himself in his own time rather than tape the part up again and again. This all seems incredibly petty as these things happened months ago. Some last year. But suddenly now he's leaving they are billing him.
If they won’t back down a letter from an Employment Solicitor should put them straight. Don’t go to any solicitor, look for someone local who specialises in employment law, it sounds like a very simple matter to me.

Edited by bad company on Tuesday 5th November 22:51

essayer

9,621 posts

201 months

Tuesday 5th November
quotequote all
How old is your son? Does the deduction mean he’ll be paid less than national minimum wage for his age?

GasEngineer

1,174 posts

69 months

Wednesday 6th November
quotequote all
LC121 said:
The company own the van. They are responsible for the upkeep of it. Yes when my son had a blow out on the motorway he was able to change it himself. He was then told to take the blowout to be sorted. Resulting in a new tyre. This was all billed directly to the company. When the old bit of body trim kept falling off my son ordered the new bit on the company's account as told to do so. He fitted it himself in his own time rather than tape the part up again and again. This all seems incredibly petty as these things happened months ago. Some last year. But suddenly now he's leaving they are billing him.
The bits in bold seem to be key. Who told him and is there a record of it?

Cats_pyjamas

1,601 posts

155 months

Wednesday 6th November
quotequote all
essayer said:
How old is your son? Does the deduction mean he’ll be paid less than national minimum wage for his age?
I don't think nmw applies to apprenticeships, there are different rules. It does not sound right or very legal either way. Regardless of what happens it sounds like he is justified in leaving. Best of luck to him.

MustangGT

12,287 posts

287 months

Wednesday 6th November
quotequote all
Cats_pyjamas said:
essayer said:
How old is your son? Does the deduction mean he’ll be paid less than national minimum wage for his age?
I don't think nmw applies to apprenticeships, there are different rules. It does not sound right or very legal either way. Regardless of what happens it sounds like he is justified in leaving. Best of luck to him.
There is a national minimum apprenticeship wage. This applies to anybody in their first year of an apprenticeship and future years until turning 19. Currently £6.40/hr.

KTMsm

27,669 posts

270 months

Wednesday 6th November
quotequote all
Bobupndown said:
My brother had a first job, van driver for a tool company at 18, similar circumstances he was leaving and they weren't for paying him.

My dad went round and had a chat in what was probably quite straight talking. Owed payment duly received.
This - or similar

Essentially, they're stupid bullies and someone needs to stand up to them

Whether that's you, a solicitor or an employment tribunal, I suggest a quick phone call from you suggesting an employment tribunal will have them backing down


mr mac i

272 posts

190 months

Wednesday 6th November
quotequote all
You can report them to HMRC online and let them do all the work...

https://www.gov.uk/government/publications/pay-and...

"If HMRC find that the employer has not paid they will send them a notice for the arrears plus a fine for not paying the minimum wage.

HMRC can take them to court on behalf of the worker if the employer still refuses to pay."


MustangGT

12,287 posts

287 months

Wednesday 6th November
quotequote all
mr mac i said:
You can report them to HMRC online and let them do all the work...

https://www.gov.uk/government/publications/pay-and...

"If HMRC find that the employer has not paid they will send them a notice for the arrears plus a fine for not paying the minimum wage.

HMRC can take them to court on behalf of the worker if the employer still refuses to pay."
Provided his gross is at least the £6.40/hr it is of no interest to HMRC.

However, as BadCompany states this sounds like an illegal deduction of wages proposal.