PAYE Contract - Employee liable for any losses

PAYE Contract - Employee liable for any losses

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Chris-xzk0j

Original Poster:

38 posts

81 months

Thursday 7th September 2023
quotequote all
Good morning people

I’m looking for a bit of advice if possible please.

I’ve been offered a new role, it’s a PAYE role full time for a company

One of the employment clauses relates to deducting from wages or being required to repay Any losses incurred by the Employer which are caused through your negligence or recklessness

Just wondering on peoples thoughts on this as it’s not something I’ve come across before when working as an employee and I’m not that comfortable with it.

Edited by Chris-xzk0j on Thursday 7th September 10:56

Eric Mc

122,856 posts

272 months

Thursday 7th September 2023
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It's unusual but not completely unknown.

If it came to the crunch, would it be enforceable in court?



Generally however, employers are liable for the work of their employees and don't seek to claim compensation from the errant employee. However, making mistakes in your work might not be very good for your career prospects with that particular employer.

anonymous-user

61 months

Thursday 7th September 2023
quotequote all
Chris-xzk0j said:
Good morning people

I’m looking for a bit of advice if possible please.

I’ve been offered a new role, it’s a PAYE role full time for a company working as a land manager in the renewables industry

One of the employment clauses relates to deducting from wages or being required to repay Any losses incurred by the Employer which are caused through your negligence or recklessness

Just wondering on peoples thoughts on this as it’s not something I’ve come across before when working as an employee and I’m not that comfortable with it.
This is the kind of thing an employer should have insurance for, not shift the liability to the employee. If you are negligent, then yes you should lose your job, should you also potentially lose your house? I would not sign any contract that personally holds me liable to unspecified\unlimited sums.

Keypad

81 posts

55 months

Thursday 7th September 2023
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I'd run a mile.

Who says what was due to employee & what was due to employer just trying to get rid of you without the necessity of following employment law?

As said above, the normal rule is for the employer to suck it up - it's up to them to ensure their employees can do the duties they are required to carry out.

Muzzer79

11,060 posts

194 months

Thursday 7th September 2023
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Bluequay said:
Chris-xzk0j said:
Good morning people

I’m looking for a bit of advice if possible please.

I’ve been offered a new role, it’s a PAYE role full time for a company working as a land manager in the renewables industry

One of the employment clauses relates to deducting from wages or being required to repay Any losses incurred by the Employer which are caused through your negligence or recklessness

Just wondering on peoples thoughts on this as it’s not something I’ve come across before when working as an employee and I’m not that comfortable with it.
This is the kind of thing an employer should have insurance for, not shift the liability to the employee. If you are negligent, then yes you should lose your job, should you also potentially lose your house? I would not sign any contract that personally holds me liable to unspecified\unlimited sums.
This.

Any such liability should have a cap on it and IF you are comfortable with your responsibility under that cap, go ahead.

It can be industry specific I guess, but I wouldn’t agree to this.

snuffy

10,466 posts

291 months

Thursday 7th September 2023
quotequote all
Consider this: Do you want to work for an employer that has written that clause into their employees contracts?

I would not.