Driver wins back earnings from K Freight

Commercial Motor
July 23, 2008

A Lichfield, Staffs truck driver who was involved in several accidents and caused his employers £1,500 insurance excess has won back the £54 the firm deducted from his wages for a parking offence and mobile phone calls. Graham Beacham, of Maybank Close, Lichfield, was also awarded £121 holiday pay at the Birmingham Employment Tribunal against K Freight UK of Mica Close, Amington, Tamworth.

Beacham sought compensation for an unauthorised reduction of wages, namely £30 for a parking fine and £24 for mobile phone calls he was alleged to have made from the firm's equipment. The claims were opposed by Brian Keates, who runs K Freight. He also accused Beacham of negligence. He alleged that Beacham had struck a door, a wall and a skip with a truck while driving for the firm, causing damage to the bumper.

On another occasion Beacham allegedly caused major congestion in a Tamworth road by parking his truck on double yellow lines. Keates says: "The police complained the lorry was obstructing traffic and there was a summons involving a £30 fine. Graham also ran up a £24 bill on the firm's mobile phone in personal calls, although he had a mobile phone of his own. He had to pay these items.

"We had a £1,500 insurance excess for Graham and he agreed to pay off the amount at a rate of £35 a week." Beacham said the firm had failed to consider his mitigating circumstances and said he resigned after only five months with the firm. He alleged other deductions had been made without his consent in addition to the £54. Tribunal chairman John Van Gelder said the firm's actions had been covered, in the main, by the terms of Beacham's contract. But he said Beacham was entitled to be awarded the £30 for the parking fine and the £24 for the calls plus £121 holiday pay.

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