Advice about Employment

[Ears23]

Hi all,

dont know if anyone out ther may be able to help, but i am after some advice regarding work. About 2 months ago i started work for a property maintance co, directly employed PAYE carring out work on housing assoc properties. Last week i was sent to an estate to repair some fencing around the communial play park. I had taken some tools from my van and had carried them 30 yards and placed them on the ground where i was going to be working. I then had to go back to the van to get a box of screws. Whilst i had my head in van, approx 20 secs some scumbag had it away down road with my Cordless drill. I phoned my office who said they would get onto the head office to find out about replacing it. When i went back to my depot i was told that head office said tough titty they dont have any responsability over my tools, be it stolen or broken. Now i have gone through the contract i have and there is no mention of this in the contract, infact there is no mention of the fact that i have to have my own tools. I was using my drill to carry out their work and they say they are not to blame. Does anyone have any idea if i have a leg to stand on. Would they have slipped this condition in somewhere else maybe. I have a letter confirming my employment and this also does not make any mention. I see from this list of things they sent me was a code of practice which i had to sign and return to them. i cant find a copy of that and i dont remember anything in that about tools. Would that be the place that they would put that down.

This is the first time i have been employed directly by a firm on a PAYE contract so i dont know where i stand.

 

Any help would be great.

[digger]

Ears, I am a supervisor for a property maintenance firm ( wont tell its name as we have a contract in Sussex ! ). If one of my paye ops has tools stolen I make sure he either gets a purchase order sent to Travis for the said item or makes enough in " overtime " tp cover the loss.

We have nothing in writing stipulating they should provide their own tools, only that we should provide any PPE. If you have a supervisor he should to realise this was theft and should act accordingly, especially if he was on the tools before he took the job.

If my subbies have tools stolen from site they make the money up on that job if you catch my drift

Best bet is go to a supervisor who has done the job rather than some suit who has no idea.

Good luck

[Ears23]

Ears, I am a supervisor for a property maintenance firm ( wont tell its name as we have a contract in Sussex ! ). If one of my paye ops has tools stolen I make sure he either gets a purchase order sent to Travis for the said item or makes enough in " overtime " tp cover the loss.

We have nothing in writing stipulating they should provide their own tools, only that we should provide any PPE. If you have a supervisor he should to realise this was theft and should act accordingly, especially if he was on the tools before he took the job.

If my subbies have tools stolen from site they make the money up on that job if you catch my drift

Best bet is go to a supervisor who has done the job rather than some suit who has no idea.

Good luck

 

Thanks for reply,

 

Thats the bloody annoying thing. The works superviser is an ex chippy just like us. He has said that is their answer and that is that. When i was self employed and worked on sites it would have meant me doing a bit more graft to make the loss, but now working here it dont work like that as the overtime is not there and for me to go and replace the Makita i had go, at a cost of £300 to me, would be like throwing the cash away as i cant actualy make that money back as my wages stay the same.

 

Thanks again though for the advice.

[chippy18]

Hi all,

dont know if anyone out ther may be able to help, but i am after some advice regarding work. About 2 months ago i started work for a property maintance co, directly employed PAYE carring out work on housing assoc properties. Last week i was sent to an estate to repair some fencing around the communial play park. I had taken some tools from my van and had carried them 30 yards and placed them on the ground where i was going to be working. I then had to go back to the van to get a box of screws. Whilst i had my head in van, approx 20 secs some scumbag had it away down road with my Cordless drill. I phoned my office who said they would get onto the head office to find out about replacing it. When i went back to my depot i was told that head office said tough titty they dont have any responsability over my tools, be it stolen or broken. Now i have gone through the contract i have and there is no mention of this in the contract, infact there is no mention of the fact that i have to have my own tools. I was using my drill to carry out their work and they say they are not to blame. Does anyone have any idea if i have a leg to stand on. Would they have slipped this condition in somewhere else maybe. I have a letter confirming my employment and this also does not make any mention. I see from this list of things they sent me was a code of practice which i had to sign and return to them. i cant find a copy of that and i dont remember anything in that about tools. Would that be the place that they would put that down.

This is the first time i have been employed directly by a firm on a PAYE contract so i dont know where i stand.

 

Any help would be great.

 

Leave them, get yourself back on a site. This lot sound like a right bunch of muppets.

Not really the advise you was after i know, but if you want a start back on site i will be neading some first fixers who can cut and pitch. Pm if you get interested.

 

[digger]

PM me the type of makita it was, got a mate who owns a tool company.

[trakker01]

i worked in plenty maintenance company's...some buy some don't..the ones that do, fill ya bags...the ones that don't..watch ya tools!!

 

no tools no graft....no dosh!!

 

its good to change companies every couple of years to replenish ya tool stocks, tho!! & get quality..

[eagleye]

sorry about your loss know how it feels

if you only had your drill and the battery on it nicked

and you still have the charger and spare batteries try this site as the do the drills naked ie body only no charger or batteries

and their prices are pretty good i use them all the time

http://www.powertoolsuk.co.uk/default.asp

 

eagleye

[Weave]

under the circumstance is have to say that i think in this scenario, there is no-one to blame but the owner of the power tool (apart from the #### that nicked it)

 

how can the employer be held responsible for your negligent actions?

 

i do agree that it is very frustrating and i would be seriously peeved.

 

if it were on of my blokes then i would probably replace it TBH and advise them to be more careful in future (i would not want a spate of "stolen" tools). if it was a seriosuly expensive item (over £1k) i would claim from the firms insurance (frauduently, because i am willing to screw insurance companies - the ******** ) and ask for the receipt of said tool so i could do so; i pay 12k per year for the various employers and public liability and buildings insurance so i like to see something back where appropriate.

 

I can see their point, but i think it is somewhat parsimonious given that

A) its a one off

B.) that tool is going to help you to earn them money long term (provided you don't naff off!

C) it is a greater cost for you to replace it realtively speaking than they to do it for you.

 

The worst part has to be the tea-leaf that has done it bears no cost at all and soceity picks up the tab.

 

Unlucky mate, hope you get it sorted.

[Ears23]

under the circumstance is have to say that i think in this scenario, there is no-one to blame but the owner of the power tool (apart from the #### that nicked it)

 

how can the employer be held responsible for your negligent actions?

 

i do agree that it is very frustrating and i would be seriously peeved.

 

if it were on of my blokes then i would probably replace it TBH and advise them to be more careful in future (i would not want a spate of "stolen" tools). if it was a seriosuly expensive item (over £1k) i would claim from the firms insurance (frauduently, because i am willing to screw insurance companies - the ******** ) and ask for the receipt of said tool so i could do so; i pay 12k per year for the various employers and public liability and buildings insurance so i like to see something back where appropriate.

 

I can see their point, but i think it is somewhat parsimonious given that

A) its a one off

B.) that tool is going to help you to earn them money long term (provided you don't naff off!

C) it is a greater cost for you to replace it realtively speaking than they to do it for you.

 

The worst part has to be the tea-leaf that has done it bears no cost at all and soceity picks up the tab.

 

Unlucky mate, hope you get it sorted.

 

I have one pair of hands, if i am expected to work on my own then i have to carry what i can in one go and place it where i am working, whilst i go get what else i nead to carry out the work. I had to park the van in the only place that you can park and then walk over to the job, which as i have said was about 30 yards away from the van. The scum bags who took this had lifted it before i knew what had happened so i cant see how i am negligent and that the only person who is in the wrong is me. My firm sends me to areas like this as i said single handed, whats to say that next time i make sure that i strap the tools to me so they cant be taken and whilst i am taking care of what i am using the plonker then brake into the van. If this firm dont want to offer me any sort of protection for the tool i am using what chance have i if they have the van away with my tools.

[Fisherman Mike]

Sub contractors working in the Construction industry would normally be expected to provide their own tools and consequentially cover the loss and damage of them.

 

Its different with Paye your Employer should provide you with a tool allowance, or tools and should certainly be insured against loss by theft. It may be that his excess is too big to consider a claim. They sound like a bunch of Cowboys to me.

 

Take my advice and ask for a copy of your conditions of Employment, there is a statutory obligation on them to provide them and keep a copy. If they cant or wont do that then tell them to stuff their Job where the sun dont shine but wait until you have been paid first.!!!!

[Dr W]

As Fisherman said if you are employed then the company should provide you with the equipment to do the job unlike subbies who have to provide their own.

 

I doubt you can claim for your old drill but you could perhaps say ok I need a drill to do my job therefore it is up to you to provide me with one unless it says in your contract that you expressly have to provide your own. The drill remains the property of the company but at least you wouldn't have to buy one.

 

If they don't provide you with one then tell them you can't do your job then if they say they'll sack you say you have taken advice and threaten them with a tribunal that should make them dig into their pockets.