Accident at work

[Davido]

I dunno if this is the right section, but I'll ask anyway.

Basically, I work at a Ford dealership as an apprentice, will have been there five months at the end of this month.

Last week a technician came in to fix one of the ramps, and while i was stood near one he told me to press a button (I had no idea what this button did) and it raised the ramp legs up. Unfortunately, the door of the car on the ramp was open and the legs pinched the bottom of the door. probably needs a new door now.

My boss came out and laid the blame on me outright and said I will be paying for it. Seems a bit harsh, but then again i did press the button.

However, I'm an apprentice, and the fact that i was just following instructions and the technician was in charge of the ramp at the time makes me think I'm not 100% in the wrong.

They have insurance for this type of thing but won't claim due to a high excess, and basically want me to pay.

The tricky bit:

Now, I've been thinking about quitting for some time, but this situation could look very bad to any future employers if I decided to leave shortly after breaking someone's door.

The questions:

If I refused to pay, and was sacked, can they take it out of the wages I have earned this month? Can they take me to court for it? Would arguing my case help at all?

I think that's it, if anyone can shed any light it would be really helpful. http://www.gixerjunkies.net/forum/images/smilies/smile.gif Thanks. http://www.gixerjunkies.net/forum/images/smilies/Big%20grin.gif

[Fearg]

Are you in a union? If not you should be, this is exactly what they are for! Doesn't help if you are not I'm afraid but I hope you are. Go see the union rep. Otherwise the citizens advice bureau should be able to help you.

[CoolGirl]

read the terms of your apprenticeship agreement - should tell you everything you need to know. also, speak to your apprenticeship co-ordinator at college.

BTW - don't pack it in if you've not qualified yet - get a transfer instead of wasting the time you've already put in.

<< mum mode off>>

[richwill68]

Join a union mate! Seek some expert advice (Citizens Advice may be able to help) and see what your options are. Don't get stroppy with your boss but state your case calmly. You are the apprentice and do as you are told. As an apprentice, I would assume that you are not fully conversant with all the workings of your place of employment and therefore are under the supervision of your peers and more experienced colleagues. Your position seems to me to be this:- 1 You did as you were told by a superior. 2 You used a piece of equipment you were not familiar with and weren't trained on.

See if you can get hold of some company policies which deal with this kind of thing. If not, write to/phone a SENIOR manager at Ford, not just your boss and state your case. Be sure to say that you are sorry, that you were following orders and that you have learned from the experience.

Seriously, get some sound advice and good luck mate!

Regards

Rich

[Biker Biggles]

All good advice.Also,I would write down an account of exactly what happened,including events after the incident when the boss came out and jumped to all the wrong conclusions/made threats about deducting wages.Sign it and date it.Then get advice about whether they can make deductions from your wages as this is often illegal(but not always).Bear in mind that you have only been there for five months,and probably have no protection under employment law yet.

[kitkat]

speak to boss once he has calmed down

[Defender]

As you say the technician who is fixing the ramp is to blame you should be speaking to your Service Manager.

The technician will be from a maintenance company so:

1) Why were you anywhere near it whilst it was being looked at
2) Why was a customers car on the ramp
3) Why did you listen to the guy him because he has nothing to do with you
4) Where's the health & safety

Which dealership do you work at?

[Gene genie]

As you say the technician who is fixing the ramp is to blame you should be speaking to your Service Manager.

The technician will be from a maintenance company so:

1) Why were you anywhere near it whilst it was being looked at
2) Why was a customers car on the ramp
3) Why did you listen to the guy him because he has nothing to do with you
4) Where's the health & safety

Which dealership do you work at?good points raised here. most companies in the motor trade do not have unions. i'd have a word with the workshop manager pointing out the sequence of events in a calm and precise manner, do not raise your voice even if he does and do not swear. i've worked with a lot of managers in the motor trade and all their barks are worse than their bite. some managers i've worked with even respected me when i've disagreed with them and pointed why.
theres no way i'd pay for the damage, you are not responsible for it, ok you made a mistake, but your supervisor is responsible providing he instructed you incorrectly.

[Davido]

I work at Gowrings Basingstoke Branch.

Spoken to my mentor (who was off that day) and he says not to pay them. In my contract it states the only damage I must pay for is if it is caused by gross negligence. As I was unsupervised and following an instruction, this is not gross negligence.

He's willing to help me fight my case and basically the worst I will get is a written warning.

Turns out, the 'company policy' of making technicians pay for damage isn't company policy, its the head manager's policy, not the policy of the company that owns the dealership.

Gonna speak to manager tomorrow if he's in.

Cheers for the advice. :)

[fizzwheel]

If it were me I'd make sure you dont speak to your manager when you are on your own. Make sure that somebody else is there to listen to what you say and also what your manager says, this will act as a bit of protection for you.

Probably a good idea if your mentor was present.

Just make sure you stay polite and calm and clear headed, dont be the one who sits and rants, let your manager do that.

I'm sure it will work out fine, just stand your ground.

[Defender]

I don't know how old Davido is but when I was a 16 or so and was told to do something by an older person at work I would do it. As an apprentice you do as you are told without hesitation.

The important issue here is that you were asked to do something by a contractor hired to work on your company's equipment. Due to the nature of his task at your garage he is responsible for ensuring work he carried out was undertaken safely and without risk to other. He appears to have failed completely and as a result of this, damage occurred to a vehicle (could have been a person injured).

Is this person or his company being spoken to about the incident?

If you're a 'good lad' and the Service Manager was a good Manager, he would support you against the contractor. If you're a plonker, then he's not going to believe you.

[blueto]

If it were me I'd make sure you dont speak to your manager when you are on your own. Make sure that somebody else is there to listen to what you say and also what your manager says, this will act as a bit of protection for you.

Probably a good idea if your mentor was present.

Just make sure you stay polite and calm and clear headed, dont be the one who sits and rants, let your manager do that.

I'm sure it will work out fine, just stand your ground.

good bit of advice..

Always have someone present when approaching managements about subjects as they will only be pout to protect their own ar$es when the sith hits the fan.

As they say - Blame floats south

[Wayluya]

I would also mutter something about "health and safety" :rolleyes:

My bet is that the Manager knows he is at fault for your actions (you should not have been put in that position) and he does not want to disclose the reasons for the claim to his bosses.

Deffo do not pay, especially as not company policy yer will probably have a good case at an employment tribunal.......cos' the manager has stolen yer wages.