Car damaged in work compound by employee - suck it up?
Discussion
- Small private parking area for staff. Completely fenced off to public and intercom or staff fob access through fully enclosed electric gate only.
- No signage anywhere inside or outside the compound stating "vehicles left at owners' risk" etc.
- Staff member's car gets damaged** whilst its owner is away working at our remote site.
- The entire area is covered by CCTV so the person responsible would be able to be identified, but it's 50/50 on whether the footage would be good enough to see them actually doing the damage.
** the damage is believed to have been done deliberately (keyed) by another staff member. Apparently there had been a headed exchange of words earlier in the day. An SAR has been submitted for the CCTV footage before it gets overwritten. SAR acknowledged by HR by letter but that is all - "we will respond to the request within 1 month, as per ICOs guidelines" is what it says in his letter.
The CCTV footage clips of the "relevant part" (management's words) has been examined and reviewed by management and they have submitted their findings to HR to follow up, but that's all we know. They're being very cagey. The staff member believed to be responsible (99.999%) is still coming in as normal and hasn't been suspended for gross misconduct pending investigation, like I would personally expect.
Does the company have any liability with respect paying to put the damage right?
Any thoughts from any legal or HR folks here?
- No signage anywhere inside or outside the compound stating "vehicles left at owners' risk" etc.
- Staff member's car gets damaged** whilst its owner is away working at our remote site.
- The entire area is covered by CCTV so the person responsible would be able to be identified, but it's 50/50 on whether the footage would be good enough to see them actually doing the damage.
** the damage is believed to have been done deliberately (keyed) by another staff member. Apparently there had been a headed exchange of words earlier in the day. An SAR has been submitted for the CCTV footage before it gets overwritten. SAR acknowledged by HR by letter but that is all - "we will respond to the request within 1 month, as per ICOs guidelines" is what it says in his letter.
The CCTV footage clips of the "relevant part" (management's words) has been examined and reviewed by management and they have submitted their findings to HR to follow up, but that's all we know. They're being very cagey. The staff member believed to be responsible (99.999%) is still coming in as normal and hasn't been suspended for gross misconduct pending investigation, like I would personally expect.
Does the company have any liability with respect paying to put the damage right?
Any thoughts from any legal or HR folks here?
Tell management they have the evidence to take disciplinary action Within 24 hours otherwise raise an official grievance. Also report to the police it is a crime after all. What will the attitude of colleagues be when they find out what the knobber has done?
Get quotations for the repairs and hand to the offender.
Get quotations for the repairs and hand to the offender.
Thanks chaps. I found out today that the person believed to be responsible was fired when he came in for work this morning, and escorted off site (the incident happened last Wednesday for reference). No-one from management or HR is saying any more though so it's still not clear if there is CCTV proof of him doing it, or whether he was fired because of a long line of other issues.
Is that the end of it as far as the company are concerned then? Who is going to be footing the bill for repair? Will the company deduct that from his final pay packet? Or does he just have to suck it up? Seems very harsh if so.
Is that the end of it as far as the company are concerned then? Who is going to be footing the bill for repair? Will the company deduct that from his final pay packet? Or does he just have to suck it up? Seems very harsh if so.
Edited by Lemming Train on Tuesday 30th June 19:22
Jasandjules said:
Claim off his insurance.
And watch his premiums go up next year!I can't imagine the damage inflicted with a key would be so great that it would exceed the goodwill generated with the owner of the car and other employees as well if the company puts it right at their expense?
Now report to the police. Tell HR to ensure the footage is saved. Send estimates for repairs to the losers home and say tgat legal action will follow if not paid.
Now out of a job he won’t be keen to pay but sod him he should have.thought of that before behaving like a cock!
Now out of a job he won’t be keen to pay but sod him he should have.thought of that before behaving like a cock!
Edited by elanfan on Wednesday 1st July 11:48
HR has sent him footage of 27 seconds. He walks in the gate to go to his car to go home, but walks in between another car (parked nose in, so driver's door on other side) and then my workmate's red car (parked nose out), slows briefly at rear quarter panel where the damage has been done, then walks round the back of his car, round the back of his own car (without going to the boot) and gets in and drives off. See quick MS Paint job : 
Unfortunately the angle from the CCTV doesn't show him committing the act as the car at the side partially blocks view. But he had an unobstructed path directly to his own car from the gate so why else would he walk in between 2 unrelated cars? I personally don't think this would be enough evidence to 'stick' but what do you chaps think? There's also the small matter of the other 12 hours of footage which hasn't been sent (understandably), to rule out any wrongdoing by another party.
Unfortunately the angle from the CCTV doesn't show him committing the act as the car at the side partially blocks view. But he had an unobstructed path directly to his own car from the gate so why else would he walk in between 2 unrelated cars? I personally don't think this would be enough evidence to 'stick' but what do you chaps think? There's also the small matter of the other 12 hours of footage which hasn't been sent (understandably), to rule out any wrongdoing by another party.
As an employer I'd investigate that with the employee in question. If the cctv backs up your sketch, I'd have enough to demonstrate that the employee had damaged the vehicle and would go down a disciplinary route. Deliberately damaging company or third party property is listed in our hand book and classed as gross misconduct. If an employee thinks it's okay to damage property, be it mine or someone else's, they'd lose my trust immediately.
With regards to paying for the damage. I don't think I would, although I'd help provide everything the employee would need to claim from the aggressor.
With regards to paying for the damage. I don't think I would, although I'd help provide everything the employee would need to claim from the aggressor.
sanguinary said:
As an employer I'd investigate that with the employee in question. If the cctv backs up your sketch, I'd have enough to demonstrate that the employee had damaged the vehicle and would go down a disciplinary route. Deliberately damaging company or third party property is listed in our hand book and classed as gross misconduct. If an employee thinks it's okay to damage property, be it mine or someone else's, they'd lose my trust immediately.
With regards to paying for the damage. I don't think I would, although I'd help provide everything the employee would need to claim from the aggressor.
He got sacked on Tuesday. With regards to paying for the damage. I don't think I would, although I'd help provide everything the employee would need to claim from the aggressor.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff