Reply to: Unsure how to procedd, Self employed Van driver

[northernladuk]

My response would start with a word beginning with the letter F and end with the word off.

Finish me Off?

[courtg9000]

So I’m self employed as a van driver, the company who I work for, is a subcontracted logistics provider of a very large very well know electronics company in the uk.

This electronics company also owns the vans we drive.

There are many of us in this area and we all self employed for the same logistics company.

Some time ago I caused some accidental damage to a customer external wall.

I assumed that the logistics company I work for would be insured and the damage would be paid for from that.

3 months down the line. The electronics company has approached me and offered me a full time contract working directly for them, which I have accepted and already started.

I’ve told my ‘boss’ and he has now requested I set up a payment plan for the £8000 worth of damage I caused in order to pay him back.

Surely the damage has been paid for from the insurance and I am not under any obligation to pay for this?

The other drivers have mentioned that he has used a similar tactic to keep an employee from leaving in the past.

This evening he has now sent me a long list of damage I am supposedly responsible for dating as far back of 6 months. And wants me to pay him £400 a month.

What on earth is going on? This can’t be a thing surely?

Any advice ect please as it’s now become very stressful.

My response would start with a word beginning with the letter F and end with the word off.

[vetran]

To be fair they appear to be asking him to bend down and take it so probably yes.

I do hope some noobie is wondering what Goatse is and has googled it.. but I'm a bit evil like that.

Guilty!

[northernladuk]

Goatse?

To be fair they appear to be asking him to bend down and take it so probably yes.

I do hope some noobie is wondering what Goatse is and has googled it.. but I'm a bit evil like that.

[vetran]

This?

Goatse?

[northernladuk]

^^ This

This?

[TestMangler]

The whole thing sounds dodgy. "You caused £8000 damage, hey do you want a full-time job?"

^^ This

[d000hg]

The whole thing sounds dodgy. "You caused £8000 damage, hey do you want a full-time job?"

[css_jay99]

A simplistic approach. If the customers are chasing the logistic company for damages, won’t it make sense for the OP to go and work for another company instead and ignore the lot?

[northernladuk]

I still think the best form of defence in this case is attack. Getting your status changed to employee and all the benefits paid retrospectively is going to cost a lot more than the 8k he's fraudulently (IMO) trying to sting you for.,

I know it's your job and that but from where we are sitting the little worm needs ripping a new one.

[SueEllen]

Who covers your insurance to drive the van in the first place? Assuming you are actually covered, and not therefore driving illegally, there is an insurance policy somewhere which covers you for this accidental damage. And if you don't know your insurance position, you probably shouldn't be doing any sort of driving job. Either way, you shouldn't need to pay £400 a month for 20 months to cover damage which should be covered by insurance.

That's a point even with a high excess you shouldn't owe £8K unless the fleet is self-insured. If it is then as other posters have pointed out that is likely an unfair term in your contact and you should go see an employment lawyer.

[Mordac]

Who covers your insurance to drive the van in the first place? Assuming you are actually covered, and not therefore driving illegally, there is an insurance policy somewhere which covers you for this accidental damage. And if you don't know your insurance position, you probably shouldn't be doing any sort of driving job. Either way, you shouldn't need to pay £400 a month for 20 months to cover damage which should be covered by insurance.

[hobnob]

If the electronics company only asked for the money back after you signed the new contract, it would be worth double-checking that contract in case they put in any sneaky clauses, e.g. "I accept responsibility for any damage caused during the last 6 months". (Those hypothetical clauses might not be legally enforceable, but step 1 is to be aware of them.)

[vetran]

He says



You mean does he rent the vans from his 'employer'?

No that is a closed question, I asked did he rent his van? I suggested whoever rented the van to him if he did would probably dictate the insurance.

[northernladuk]

one assumes you rented the van in some way?

The conditions of the rental should identify who insured it. I suspect the company renting it out probably did.

If so point him to that insurance firm. It does seem like he is trying it on.

He says

This electronics company also owns the vans we drive.

You mean does he rent the vans from his 'employer'?