Deductions from wages for 'mistake'

[anonymous-user]

Quick question for the legal eagles among us.

My younger brother works for a national tyres & exhaust centre. This week he was asked to replace the exhaust (including cat I'm assuming) on an old Vauxhall. When he got to the bolts for the manifold they were rusted, the inevitable happened and a stud snapped. The customer has complained and he's manager has said the cost of a new manifold will be taken from his wages.

I've told him to ask for a copy of his employment, his boss replied asking why to which my brother said he wanted to check that the contract said they could deduct his wages, his boss has replied saying they can take the money from his bonus.

Does anyone know if this is the case or not? I'm waiting for him to get a copy of his contract but he earns bonus for getting people to have tracking done and stuff so unless the contract says so, I'm inclined to think they cant start taking bonus back for something totally unrelated to how it's earned.

Thanks in advance for any advice.

[fatboy b]

A bonus isn’t wages, it’s a bonus. On good days you get a bonus. On bad days you don’t. A bonus shouldn’t be relied upon.

[anonymous-user]

fatboy b said:

A bonus isn’t wages, it’s a bonus. On good days you get a bonus. On bad days you don’t. A bonus shouldn’t be relied upon.

Is the the legal stance on it? Bonus isn't classed as wages so it's fair game?

[pherlopolus]

What is the bonus for? is it performance based?

[steveo3002]

so what do the others at the center do when faced with an older car ? common thing to happen and the bolt would have snapped in anyones hands

[mcg_]

Great to hear that the bonus is based on them trying to sell unnecessary work to customers. What a lovely business. Boss sounds great too.

[steveo3002]

mcg_ said:

Great to hear that the bonus is based on them trying to sell unnecessary work to customers. What a lovely business. Boss sounds great too.

yeah stiff a couple of mugs for some new shocks and all will be well

[spaximus]

He needs to still get a copy of his contract and of the bonus scheme. The manager may well be correct and it is included in the fine print, but snapping manifold bolts is par for the job in an exhaust centre and it sounds like the manager has got beaten up by the customer and is taking it out on your brother.

It is also strange that a new manifold was needed as studs are easily replaced and any centre will have kit to do this.

If the manager refuses to play ball, call the HR department and ask them.

[anonymous-user]

pherlopolus said:

What is the bonus for? is it performance based?

I asked him and his reply was 'Tracking & stuff' so I assume up selling stuff.

steveo3002 said:

so what do the others at the center do when faced with an older car ? common thing to happen and the bolt would have snapped in anyones hands

fk knows. When they gave him the job the first thing he said to the boss was 'well thats going to be rusted to fk'

mcg_ said:

Great to hear that the bonus is based on them trying to sell unnecessary work to customers. What a lovely business. Boss sounds great too.

I dunno what the exact details are on the bonus, to be honest I dunno that my brother knows really! From what I can gather the boss (who does sound like a grade A bellend) has it in for my brother (also a bellend granted) and this is his latest way to fk him off.

Regardless, it sounds unfair to me taking money for a rusted stud on an old motor and I just wanna make sure they're not taking the piss.

[A205GTI]

You will usually find words to the effect that bonus is discretionary, Rather than asking the manager for a copy I would speak to HR for a copy as it could be readily available, indeed a lot of companies now ask you to read and sign yearly that you read it and understand the handbook (this covers them for a range of things if issues arise)

[DuraAce]

Sounds ridiculous to me, and very unfair. I'm glad we don't have anything like that where I work - we sheared off a fixing on a £100k+ gearbox last week. Boss was annoyed but accidents happen at times.
I'm glad we won't get the bill as I'd be paying for it for the next 20 years!

Edited by DuraAce on Saturday 12th May 21:35

[Jasandjules]

Does your brother not have a copy of his contract?

[anonymous-user]

Jasandjules said:

Does your brother not have a copy of his contract?

Nope, he's an idiot I know

[Drawweight]

So next time he's told to do a similar job and he refuses..how's that going to go down?

[Alucidnation]

Or, why not wait until he gets paid to see if it has actually been deducted?

[zetec]

A bonus would be performance related, surely? If a bonus is being stopped it’s hardly a deduction from wages?

[Jasandjules]

CaptainMorgan said:

Jasandjules said:

Does your brother not have a copy of his contract?

Nope, he's an idiot I know

Plenty don't. Rather than ask the manager, write to HR and request a copy of it..

[TooMany2cvs]

Jasandjules said:

Rather than ask the manager, write to HR and request a copy of it..

It might be that the outlet he works for is a franchise, in which case he'll be employed by the local franchisee, not the "national chain".

[Some Gump]

I still don',t get why they need a new manifold.

Either he used a 100 shot of noz and bods the welds on the intake, or an exhaust place has never heard of a stud extractor. Either would be suprising.

[Shuvi McTupya]

Some Gump said:

I still don',t get why they need a new manifold.

Either he used a 100 shot of noz and bods the welds on the intake, or an exhaust place has never heard of a stud extractor. Either would be suprising.

yup, i thought the studs just went through the manifold and breaking a stud shouldn't have any effect on the manifold at all. Not that I a mechanic.