Work wages

by Bobbytuppa07 Sat Nov 26, 2022 6:41 pm

Hey up naaa well ill try and keep this one short

so am a sub contractor for a building firm on Monday night the site office got broken into 2 laser levels were in there on charge plus a cat scan well instead of the firm ringing the old bill and claiming on the insurance they have thought oh I know we can steal it from the boys. Well I dunna like dictatorships or bully's so politely told them your no better than the theives who stole the tools and ill be calling the police cause your causing me loss. I have wrote a notice up to send them any pointers will be very much appreciated. I know the old bill will laugh at me but surley it's classed as theft? I know you boys will stop me making my self look stupid. Must add all the other 9 lads expect one is with me fecking sheep paying to keep there jobs. Nothing in both contracts about us footing the theives bills either please put me right

by **daveiron** Sat Nov 26, 2022 8:26 pm

Can you elaborate a bit, whose tools were they, have they deducted money
from you or others ?

by flyingfish Sat Nov 26, 2022 8:35 pm

If you own the tools, the company can't directly claim for them on their insurance as it's not their loss. You probably have a claim against the company as the loss was related to your employment.

by Bobbytuppa07 Sat Nov 26, 2022 8:42 pm

Sorry guys the tools are there's and they are deducted money starting this Friday from the 10 of us

by flyingfish Sat Nov 26, 2022 8:45 pm

Pretty sure that's unlawful.

by Bobbytuppa07 Sat Nov 26, 2022 8:50 pm

That's what I am thinking flyingfish I shall get sacked well let go as they say for fighting this but who do they think they are. They said because they wernt in the propa tool shead locked up this is why. The lads on the Stafford job did lock them in the tool shead and when that got broke in they charged them anyway. When we put that to them they said we'll that shouldn't of happened but it fecking did the dirty animals ill send this notice I have done then see what happens

by **daveiron** Sat Nov 26, 2022 10:19 pm

Just a couple suggestions for your notice,

I require a copy of the contract showing that a sub contractor is liable
for loss or theft of equipment whilst the sub contractor adhered to site
instructions .

Should any forfeit be levied upon the sub contractor a Tort of conversion
will occur,in respect monies taken.

(A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

by Bobbytuppa07 Sat Nov 26, 2022 11:31 pm

Thanks daveiron I shall add that to it bud

by flyingfish Sun Nov 27, 2022 12:32 pm

I must admit to not reading your post properly and was thinking employee rather than contractor. It doesn't really change the rights and wrongs, more how the dispute needs to be handled. This is now more in the nature of a civil dispute. It's complicated because if they owe you money for your work, but make deductions for this matter, it then becomes your problem to make your claim.

For them to claim against you they'd need to prove the normal civil issues, that you had a duty of care (you probably did) and whether you were negligent. That will depend on the details, for example were the tools left there because they couldn't be charged in the normal shed? Although the company may have told you that's where tools were left, did they give any reason, or did they mention that the tools wouldn't be secure there? Did they know you left them there, and not raise an issue at the time?

by Bobbytuppa07 Sun Nov 27, 2022 4:49 pm

They dont care flyingfish that you can't charge them in the tool shed and that's why they got left in the site office which is locked with shutters on the windows and double lock doors. The best of it is my gang havnt even used a laser level whilst we've been on the site. The lads who put them in the site office have either been sacked or moved sites ill fight the feckers all the way and like I said we arnt even contracted to Kelly's they pay a third party to pay us so they don't have to employ you

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