I am working as a full time HGV Class 1 European driver working for a company based in Wales since 7 months.
Last night whole the fuel from my lorry was stolen where I’ve parked so I was asked to pay £600. My boss told me that I have no longer job when I refused to pay it. I tried to discuss this face to face with him however he just refused to talk me.
Is it an unfair dismissal? if so what may I do about it? Do I still have some legal actions to take against him?
What does your employment contract say in writing about driver’s paying for fuel theft.
By law he can not deduct wages for damage or loss unless you have agreed to it and signed for permission for deductions.
He can not sack you for fuel theft, you are not paid more to be awake all night and guard the load and fuel tank.
Go to the Citizens Advice Bureau for free legal advice.
It does not matter where you park, if somebody wants your fuel, they will take it from a secure yard or motorway services.
Are you in a union or do you have household insurance with free legal advice?
Make sure ALL further communication is via letter and not spoken.
Has he said you are at fault for the missing fuel and what are the reasons for this?
My contract of employment says ‘secure parking only in company expenses’ , however; my employer does pay for it only in Europe not within the UK. I’ve parked somewhere which wasn’t secure parking as I completed my daily driving hours where no secure park was. When I got up in the morning I realized that the fuel was stolen. I have over 25 years experience as an Hgv 1 driver and never got warned because of bad attitude. I am not in a union and have no household insurance either.
my contract say; All drivers should be on recognized routes to their destination and you must not run off route. No driver has permission to take a vehicle and or trailer home. Trailers may not be dropped off site unless inside customers premises. Please sign below that you will accept all and any costs if you breach this instruction. A breach by you of this instruction may also be grounds for dismissal.
As your suggestions I will write a letter to my employer and ask him to give me a written reason which explains what was the actual reason of my dismissial.
Leave immediately, and if he doesn’t pay you all wages due in full, take Small Claims Court action against him using this website moneyclaim.gov.uk/web/mcol/welcome and stick £500 on top of your claim for your time and trouble.
It is unfair dismissal and your employer can end up in court and pay you compensation.
For the fuel loss, he will need to prove who took it, which he can’t.
You must have been employed for 2 years before you can claim unfair dismissal. Providing he has paid you all the wages you are due, there is not much you can do unfortunately.
Aa long as you u made the company aware there was no secure parking and they authorized it then you maybe on a sticky wicket. But you contract above doesn’t state that you should pay for the fuel. So they are out of order there. Of its first offence then they aren’t following dissmisal procedure. By sacking you straight out hell still claim on his insurance for the theft of the fuel so asking you to pay is out of order. If he had said the excess then it would have been a compromise.
alix776:
If he had said the excess then it would have been a compromise.
Why should he have to compromise? He was legally required to stop for a rest, his company hadn’t specified a perticular location, he wasn’t the one who stole it. Give your boss the crime reference number (I’m assuming you did notify the police) and then make sure he pays you what you are owed.
His contract states secure parking only. How ever as his company doesn’t pay for parking in the UK then its so its not really his problem if it was stolen on the UK
His contract may go on to say driver pays for insurance excess. It could be the company looking to shed a driver in a quite period. The easiest thing to do is walk away get a new job and I anything similar happen again get txt authorization to cover your arse
I had fuel stolen, and was not sacked.To cut a long story short, I was in the layby near Oxford services, two foreign trucks in front of me.
Late at night, some bloke was banging my cab door and shouting.
Fearing it was a lorry hijacker, I phoned the Old Bill, they sent a helicopter and four cars and a dog unit.
The man banging was the foreign driver trying to tell me his fuel was stolen too.
The helicopter found about 30 containers all lined up behind a fence to a travelers camp.
I was given a crime reference and that was it, no charges for theft due to no evidence.
here,s a tip for you if you get your fuel knicked, hav a look behind the fences in the near area as they quite ofton dump there haul nearby and return later for it
Would have thought that with only 7 months employment for that company, you would not be entitled to unfair dismissal, but you could always pursue through the small claims court. though you might be throwing good money after bad,
I would be tempted to put it down to bitter experience and move on, quite frankly with the attitude off that company to your financial responsibilities as a driver, you may be as well to be away from them, as there is bound to be another issue in the future, them sought off bosses are always after off loading their responsibilities after all, they state you should park securely but wont reimburse you when you do, since when has the cost off parking been the drivers responsibility. Mate you are best off out
alix776:
Aa long as you u made the company aware there was no secure parking and they authorized it then you maybe on a sticky wicket. But you contract above doesn’t state that you should pay for the fuel. So they are out of order there. Of its first offence then they aren’t following dissmisal procedure. By sacking you straight out hell still claim on his insurance for the theft of the fuel so asking you to pay is out of order. If he had said the excess then it would have been a compromise.
I’m not sure your diesel is covered by insurance plus any excess will be more than the £600 lost in squirt
As Harry has said. Any unlawful deductions from your wages give him 21days notice which is reasonable then apply to the small claims court to get it and the court fee back.
This is what I did with Sims worldwide when he decided not to pay me. Needless to say he looked like a bitter ex employer withholding pay and stumped up.
alix776:
Aa long as you u made the company aware there was no secure parking and they authorized it then you maybe on a sticky wicket. But you contract above doesn’t state that you should pay for the fuel. So they are out of order there. Of its first offence then they aren’t following dissmisal procedure. By sacking you straight out hell still claim on his insurance for the theft of the fuel so asking you to pay is out of order. If he had said the excess then it would have been a compromise.
I’m not sure your diesel is covered by insurance plus any excess will be more than the £600 lost in squirt
most insurance companies wont cover fuel being stolen
toby1234abc:
I had fuel stolen, and was not sacked.To cut a long story short, I was in the layby near Oxford services, two foreign trucks in front of me.
Late at night, some bloke was banging my cab door and shouting.
Fearing it was a lorry hijacker, I phoned the Old Bill, they sent a helicopter and four cars and a dog unit.
The man banging was the foreign driver trying to tell me his fuel was stolen too.
The helicopter found about 30 containers all lined up behind a fence to a travelers camp.
I was given a crime reference and that was it, no charges for theft due to no evidence.
A helicopter,4 plodcars,and a dog unit??..obviously a quiet night in oxford then
after all, they state you should park securely but wont reimburse you when you do, since when has the cost off parking been the drivers responsibility. Mate you are best off out 
