My employer has stopped paying me and demanded money for damage I caused on a job [LBC Legal Hour]

[@marktony9737]

What the hell was this caller on about. I was lost after 30 seconds and by the end still had no idea.

[@tracer1127]

I have a friend who did a job that went wrong at a customer’s house and he had no liability insurance. The customer had plenty of money and took him to court, it cost my friend his house as the customer was awarded £70k for the damage. The moral of the story is for the sake of a couple of hundred pounds always have liability insurance if you are self employed. Accidents happen just make sure you are covered because the damage can be life changing for you as well.

[@Raj-ul9my]

sir, as an employee I don't need liability insurance I think you don't understand the law. you will be covered by the companies liability insurance. I was employed by the company, on a salary, company car, tools, fuel card. your conflating self - employed to employed. this is what David failed to take in to account. if I was self-employed was a contractor or own business then yes of course I would have liability insurance, its the LAW, you cant work without it. but I was not self-employed that's the facts of the case.

[@thomasdalton1508]

​@@Raj-ul9my The requirement to have insurance is to protect the customer and avoid situations where the customer can't get compensation because the company doesn't have enough money. You don't have to have your own insurance because the customer will be protected by the company's insurance. The company's insurance doesn't protect you.

[@languageoffootball]

There’s an implied right to set off anyway even if its not expressly stated in the contract. Also there are 3 operative categories: employed; worker; and self-employed. If you’re self employed it is prudent to take out professional indemnity (PI) insurance. If you’re employed the employer’s PI will cover you; if you’re a worker whilst there may be a presumption that you’d be covered by your engager’s PI insurance you might not be and it will depend on the policy itself.

[@danielcrafter9349]

​@@Raj-ul9my- OP didn't say their friend was an employee Sounds like they had their own business

[@gemmell761]

Best ending to a call ever

[@Raj-ul9my]

Yes with the mic guy with no brain cells in his head

[@Raj-ul9my]

@SassySam Lawyers disagree with each other i have spoken to maybe employment solicitors who have all my paperwork and agree that i have a claim. He does not know the details to the case as i did not have the time on the air to give it to him

[@Raj-ul9my]

@SassySam Lawyers disagree with each other i have spoken to maybe employment solicitors who have all my paperwork and agree that i have a claim. He does not know the details to the case as i did not have the time on the air to give it to him

[@dhvsheabdh]

Why are people always so confusing on this show? Why do they call in without expressing the proper details?

[@Raj-ul9my]

Its me. I could not the phone call was limited. He does not no the details. I was told i had olny a few mins before i was on air. I will win the case, this is a case of an employer deliberately not paying then using an accident that happened 3 months ago for the reason not to pay without my consent

[@dhvsheabdh]

@@Raj-ul9my Even this comment is poorly expressed

[@Raj-ul9my]

Lets see what the judge says lawyers disagree with each other. I have the paperwork and evidence on what i agreed to you have no idea about the case i regret calling in as i only had a sort time with him

[@dhvsheabdh]

@@Raj-ul9my Honestly, what the fuck are you talking about no one even mentioned your case specifically

[@loc4725]

People like talking about themselves and sadly, even when talking to doctors, lawers etc, i.e. people who are trying to help they tend to 'bend' and select the facts.

[@coderider3022]

You ain’t coming to my house !

[@alastairbarkley6572]

Surely this is a special case? Because, it's possible here to cover the cost of repairing the damage from the employee. In many negligence cases - involving major property damage, serious personal injury or death - there's not the faintest chance of recovery from the employee, either by the employer or the injured party. It's likely that a vicarious liability action against the employer will result. Of course that will then involve the employers liability insurance - what would be the point of having such insurance otherwise?

[@Drenwickification]

This comment section is great

[@brianbale9511]

Hes a Allegedly uninsured liability sub contractor that isnt Allegedly fully clear on his own situation

[@aljos6131]

Okay Daniel I will have to contact you on website.

[@alastairbarkley6572]

Surely the 'negligent' employee has to admit the negligence? I mean, otherwise an employer would always make employees liable for losses however implausible the blame. Are you saying that employers can withhold wages on any pretexts and then DARE the employee to sue them? Because the law is on their side? D'you remember when it was customary for employees e.g. counter staff and cashiers, to get back in their pay packets dud cheques they'd mistakenly accepted in payment - these useless bits of paper being part of their 'wages' that week. Or, in the days before CCTV, petrol station staff being liable for 'drive-off' theft of fuel when these employees hadn't or couldn't note the vehicle reg and a description of the driver? No, you don't? That's because it was a long time ago and those outrageous abuses of employees are now forbidden by law.

[@seaman947]

He’s legally entitled to his wages minus their costs though. I think he left that conversation thinking he wasn’t entitled to anything

[@Raj-ul9my]

What are u on about???? U think an employer can cut a months wages saying i owe them money? Without any consent? This is not wild west

[@Raj-ul9my]

What are their costs?

[@Raj-ul9my]

@SassySam case law says it must be specified what deductions, my contract does not. Simple….lawyers disagree, their is case law in favour in my case thats why you dont know what your on about just mouthing off

[@thomasdalton1508]

The damage was probably more than the wages, which would be why they are withholding everything.

[@Raj-ul9my]

@@thomasdalton1508 i agreed to make a contribution only. Contribution is part of the total cost. They paid for it already i have it in writing. The contribution was £200 per month off my wages only whiles working for them, nothing agreed what would happen if i left of if they sacked me. They have withheld a whole months set of wages which is a massive breach of contract.

[@TheCaptScarlett]

3 minutes 50 seconds of the sound of a penny dropping

[@johnwade1095]

We flat refuse to hire contractors without insurance. We retain copy for 40 years.

[@thomasdalton1508]

It sounds like he was an employee, not a contractor.

[@Raj-ul9my]

@@thomasdalton1508 i was not a contractor i was an employee i have a written contact by default the employer must have employers liability insurance which he did and told me that the company might used their insurance to pay for the water leak. As a contractor i or who ever is a contractor is legally required to have public liability insurance to cover water leaks or other damage to property caused by accident. In my case it was not Negligence it was lake of training

[@remainertears]

Dodgy Faizel...wouldn't trust a word he says

[@Raj-ul9my]

Dodgy in what way?

[@Weekzey]

@@Raj-ul9my did they give any actual numbers of deductions due to your mistake? I would imagine as an example, the company should say, your mistake cost us £500, so we are deducting that from your pay. Or have they just held all your pay without justifying it with values and figures?

[@Raj-ul9my]

Yes, £200 per month deduction from my wages that's it. He told me the companies public liability insurance would pay for it, I though that was the right thing to do as I am an employee, if I was self employed I would have my own public liability insurance, then I would have just given my insurance details to the landlord of the property and everyone would be happy. Remember as an employee I should not need liability insurance that was a benefit working as an employee. Nothing on how much I owe them in total and what would happen if I leave the company or they fire me. I have this all on e-mail. I then work and work and the end of Jan he basically sacked me without telling me then wanted to call me about working forward, I then got acas involved and they advised him the pay me my months wages, he said we will hold the months wages to cover the costs for the water leak. that's that. So he that not pay me my months wages!!!! that is not a deduction but an unlawful act. I have all this on e-mail he has contradicted him self several occasions. He is a lier and a deceitful man that's why I want to sue him. Regarding the mess up, it was me pressing a switch that's it, that was due to lack of training nothing else. This is why you should look at the details of my case, I have on my e-mail that he said and we agreed that the £200 per month is a contribution towards the repairs only, not the full cost breaking it down. He never told me the full cost, but he will never as his insurance covered the cost!.

[@Raj-ul9my]

are u a son of a demon

[@Raj-ul9my]

Gone quite…

[@Raj-ul9my]

The video description is wrong

[@neojng]

how did this end up for you?

[@cookie67]

​@@neojnggame over.

[@JD-pi2ce]

I can smell a liar. I love the silence of recognition at the end.

[@Raj-ul9my]

really what am I lying about? shall I show u the e-mails?

[@Raj-ul9my]

I am not a lier and silence is a reflection on his point of view, solicitors disagree with each other only a judge can decide

[@JD-pi2ce]

I've not suggested YOU were lying. I'm suggesting that it's possible that someone was lying. Out of interest, did you offer to pay for the damage you caused? Perhaps consider the ethical benefits of your offering to make good? Don't call a radio station if you don't want the public to cross examine your case. You called a radio station with a view to investigating possible legal action because YOU damaged their property and didn't want to take any financial responsibility for it. You might want to consider giving your head a wobble. Maybe apologise to the company and offer to help them remediate the damage? Might be nice, eh? If you were self employed by the way, it is, in my opinion, completely unethical not to have public liability and (if relevant) professional indemnity insurance. You didn't even know what the wording of the contract was when asked; embarrassing. If you feel that the amount deducted was disproportionate then by all means; bring a claim. However, your argument here seemed to be that NO money should be deducted despite your apparently signing a contract to the contrary. Anyway, I genuinely wish you all the best and, as you say, if you bring a claim, a judge or mediator will be able to make an informed decision armed with a comprehensive set of evidence to which we clearly do not have access. Take care. :)

[@Raj-ul9my]

@@JD-pi2ce you don’t understand the law your just moaning and going to bed with them i would not be surprised that u we’re representing them. I was not !!! Self employed!!!!! Did you not listen to the video???. You dont know what your on about, this is about law and its not as simple as “i cause the damage” its much more then that, maybe when u comment saying someone is lying try not to be so bias next time and investigate the facts of the case…. I did not say no money should be deducted again your wrong… i agreed to a deduction so i did take responsibility………find out what a deduction is…… it’s certainly not a deduction of a whole months wage….. thats an outright breach of contract….. please read what words mean first……..and please ask questions before making such comments next time

[@Sirjohnfootball]

@@Raj-ul9myyou can come on here and write as many comments as you want but it sounds to me like you’re cr*p at your job. Wouldn’t let a cowboy like you anywhere near my house 😂😂

[@aljos6131]

Daniel I call u David by mistake in my previous comment.

[@carlosfrumpy4895]

He should be insured for damages he wouldn't have stopped mine

[@Raj-ul9my]

As an employee you dont need public liability insurance. You are covered by the employers liability insurance, as a self employed engineer yes you need that which is law, but i was not self employed, and the lawyer on LBC admitted this. If any different i would have known before i started work and would have had this in place

[@parametr]

@@Raj-ul9my employer's insurance covers accidents. As the lawyer said, it does NOT cover NEGLIGENCE. If you were negligent, as you seemes to admit, the insurance will not pay.

[@aljos6131]

Hello David I have a immigration issue in uk and was discriminated but I need some help and advice but I am not in country, could u help me or give me referral ?

[@loc4725]

This YT channel shows the recordings of his phone-in radio programme. You'd need to phone in to get advice from him.

[@FattyOn2Wheels]

He really thinks he doesn't have to pay for his actions

[@parametr]

The key here is: "was he negligent"? He seems to admit he was... in that case he gotta pay.

[@darkdonzaloog]

😂

[@Raj-ul9my]

Thats with me speaking. Your wrong. As a worker/Employee i am covered by their employers liability insurance which legally they must have as a company which must be tailored to the nature of their business. Yes i “screwed up” u mean an accident due to lake of training. That been said, if i was self employed i would have had my liability insurance were then my insurance would have sorted if out. In the contract their is nothing stating i needed it as i am a worker and fall in the employment act 1996. Yes their is a clause that he can deduct money but its not specified in what situations its very vague and their is cases that the judge rules against the company about this clause. You must understand this was a planned incident he wanted me to work for a month for free and use that incident against me so he dont pay me. I will make a claim and k will win. When i win j will give you a call back

[@Raj-ul9my]

I am an emplyee

[@Raj-ul9my]

@SassySam yes but its not specific worded, you saying he basically can deduct what ever he likes? Because of the way his cleaver lawyers worded the shame contract? U do know that the cost was cover in full by his insurance? This is why its better for me to e-mail you my documents and exchanges then you will get the context.

[@Raj-ul9my]

@SassySam 1 month

[@Raj-ul9my]

@SassySam i am not confused i am dyslexic so sometimes i cant express what i want to say

[@Raj-ul9my]

@SassySam who are you btw?