Can anyone quickly answer an employment related question...

[Burty88]

Are accidental spilliages deductable from an employees wages?

The employee has no written contract with the employer as they have been working for less than two months.

Thanks in advance.

[trickywoo]

Unlikely with no contract.

Whats the monetary value (just being nosey).

[FraserLFA]

Doubt it. More details would be helpful though.

In most offices, coffee over a keyboard or whatever would be put under the catagory of "S**t happens"

[shouldbworking]

We talking Exxon Valdez or Mcdonalds?

[Burty88]

To paraphrase the situation,

M+S employee drops crate of jam tarts roughly valued at £7 trade, £20 retail. M+S offers jam tarts for employee to take home. Employee takes jam tarts home and consumes roughly a 1/4 of the crate (not in one sitting ).

Employer then issues wage slip along with a letter stating that deductions have not been made for spillages, however they would like to be paid £10 in cash/cheque for the spilt goods.

[plg]

Burty88 said:

To paraphrase the situation,

M+S employee drops crate of jam tarts roughly valued at £7 trade, £20 retail. M+S offers jam tarts for employee to take home. Employee takes jam tarts home and consumes roughly a 1/4 of the crate (not in one sitting ).

Employer then issues wage slip along with a letter stating that deductions have not been made for spillages, however they would like to be paid £10 in cash/cheque for the spilt goods.

M&S offered the goods, didn't agree a figure and now retrospectively trying to agree a price and demand funds?

Hmm...

[ukwill]

Burty88 said:

To paraphrase the situation,

M+S employee drops crate of jam tarts roughly valued at £7 trade, £20 retail. M+S offers jam tarts for employee to take home. Employee takes jam tarts home and consumes roughly a 1/4 of the crate (not in one sitting ).

Employer then issues wage slip along with a letter stating that deductions have not been made for spillages, however they would like to be paid £10 in cash/cheque for the spilt goods.

No written contract = GTFO.

[Burty88]

Sorry, just to ammend, M+S (it isn't actually m+s btw) stated verbally upon the accident, that the spillage would be taken out of the employees wages, then issued a full wage slip (albeit with a few "dodgey reduced hours")

Apologies that wasn't made clear, I'm writing on behalf of someone else, and still trying to get all the details.

Edited by Burty88 on Monday 27th September 12:15

Edited by Burty88 on Monday 27th September 12:16

[Digger]

Return remaining uneaten tarts as employee unaware they would be asked to cough up. Ask MS to reduce the amount to £2.50 and see how MS responds? Bit cheeky of MS though?

[plg]

Re-reading...

Working for M&S with no written contract? I'd be more worried about that - they normally have a pretty good induction / H&S / contract culture. Are they agency staff?

[bertie]

Deductions from wages are a real hot one!

Absolutely not unless written onto contract.

[Burty88]

It's not M+S,

Shockingly, it's a relative of the accused's small business.

I just didn't want to be too obvious.

Edited by Burty88 on Monday 27th September 12:29

[plg]

Burty88 said:

It's not M+S,

Shockingly, it's a relative of the accused small business.

I just didn't want to be too obvious.

Ahh. No contract defining their ability to remove spillages from wages?

Wouldn't most businesses:

• Write off small spillages as part of the general wastage? (backed up with a talking to / training). From experience in retail (admittedly larger company retail) some years back, it was always written off. If it became a pattern then the manager would have a look into things...
• Have insurance for big losses
• Have contracts with their staff

If there was nothing in place (even verbally), and we are genuinely talking about a few quid, then I'd suggest something pragmatic - that the employee says that "they weren't aware that that was the arrangement, that it wasn't clear from the conversation. Happy for this to be the way it's done in the future and happy for it to be in the contract - and happy to sign a contract to that effect - so that everyone is clear in the future."?

[Burty88]

plg said:

Burty88 said:

It's not M+S,

Shockingly, it's a relative of the accused small business.

I just didn't want to be too obvious.

Ahh. No contract defining their ability to remove spillages from wages?

Wouldn't most businesses:

• Write off small spillages as part of the general wastage? (backed up with a talking to / training). From experience in retail (admittedly larger company retail) some years back, it was always written off. If it became a pattern then the manager would have a look into things...
• Have insurance for big losses
• Have contracts with their staff

If there was nothing in place (even verbally), and we are genuinely talking about a few quid, then I'd suggest something pragmatic - that the employee says that "they weren't aware that that was the arrangement, that it wasn't clear from the conversation. Happy for this to be the way it's done in the future and happy for it to be in the contract - and happy to sign a contract to that effect - so that everyone is clear in the future."?

There's no written contract at all, I think the employee will be asking for a written contract in future, as this is one of a number of disputes raised in an unprofessional e-mail at the end of a period of employment (the employee only works over university holidays).

The employee was really never made aware of any of the rules and they were only outlined - quite sternly; sourcing the law as a defence for someof them - once the employee had left the business to return to uni. This was in the e-mail along with the request to pay for the spilt goods.

Thanks all for your help so far, it's made the person feel a lot more secure in the defence of their position.

[plg]

I caveat my advice with the fact that I'm not a lawyer!

[Burty88]

plg said:

I caveat my advice with the fact that I'm not a lawyer!

Caveat eh?

That sounds like lawyer speak to me...

[Blown2CV]

Burty88 said:

Are accidental spilliages deductable from an employees wages?

The employee has no written contract with the employer as they have been working for less than two months.

Thanks in advance.

depends whether you were wearing company underpants or not

[dudleybloke]

i friend of mine works in a supermarket and is a walking disaster zone.
he's broken bottles of wine and spirits, slashed several bottles of pop while cutting the pallet wrap and several other disasters and he's never been charged for any damage.