Shropshire company car drivers could have parking fines deducted
directly from their wages, according to a local solicitor.
John Mehtam - the Employment Law specialist at Martin-Kaye LLP
Solicitors, in Telford - said employees who picked up a fine while
on work-related business may believe the company should foot the
bill.
"But if your staff contracts have been prepared to include a
specific clause, you can take the money out of their next salary
payment.
"You do have to ensure though that the clause is clear and
states that you will deduct any parking fines from their wages - if
the contract doesn't say that, you can't take any money at all from
the employee."
John said the contract must specifically state each kind of
incident where the company reserved the right to make a
deduction.
"As well as parking or speeding fines, which may occur in and
out of working time, you might want to make reference to any
overpayment of wages, and damage caused to company property by a
staff member or someone from their family.
"And to deter employees from risking parking and other fines at
all, you can impose an administrative charge through their
contracts.
"You need to add a clause that says you reserve the right to
apply an administrative charge to cover the costs of dealing with
any fine, charge or penalty - and if you set it at a reasonable
figure, it's more likely to be accepted by a tribunal as a fair
term."
John said if your staff contracts did not include permission to
deduct fines from salary payments, a company could still agree with
the employee that they were personally liable - but written
permission would be needed before any money is taken.
"And if the employee refuses to cover the costs, make it clear
to them that any further parking tickets will lead to tough
disciplinary action."
For more information on Martin-Kaye Solicitors visit their
website here: www.martinkaye.co.uk