That term in your "company car policy" is an unfair term and has different meanings. Is the "company car policy" a part of your employment contract or is it a separate policy?
First, the term "Fines" in the policy states that you are responsible for paying "parking fines/charges" whilst using the company car. It says they must be paid promptly if they are sent to you or if they are sent to the leasing company they will be paid by the leasing company and the sum plus £12.50 plus VAT will be deducted from your salary.
There is an impossibility in the above clause in that if the PCN goes to the leasing company and they pay it, you have no way of knowing you are responsible for a PCN until it has been paid and deducted from your wages plus the admin fee. That is an unfair term.
The policy also defines those charges under "fines". A PCN from an unregulated private parking company is not and never can be a "fine". Therefore there are different meanings and they are ambiguous.
Unfortunately, the issues that have arisen are nothing to do with parking on private land or consumer rights. They are to do with your employment contract and company car policy. In your scenario, the key issues revolve around your employer's handling of the PCN and the subsequent wage deductions. This raises potential concerns under employment law, particularly regarding unauthorised deductions from wages and the fairness of your employer's actions.
The relevant statutes and principles concern the Employment Rights Act 1996 (ERA):
Section 13 prohibits unauthorised deductions from wages. Employers can only make deductions if they are required or authorised by statute, the employee's contract, or if the employee has given prior written consent. You need to find the relevant section of your employment contract that allows your employer to garnish your wages under these circumstances.
What are the implied terms in your employment contract? Your employer has a duty of mutual trust and confidence.
Your employer must act in a manner that does not destroy the trust and confidence inherent in your employment relationship. Arbitrary deductions without consultation may breach this duty.
The following is suggested on how you should progress this:
Arguing the Case. To address the issue of an unauthorised wage deduction for a PCN, consider the following steps:
1. Review the Employment Contract and Company Policy
Examine the employment contract and any relevant company policies regarding the use of company cars and handling of parking charges from unregulated private parking companies noting that this was not a "fine". Check if there is a specific clause that authorises your employer to deduct parking charges that are not "fines" from your salary.
2. Assess the Lawfulness of the Deduction
If your employment contract does not explicitly allow for such deductions, your employer may have breached Section 13 of the ERA by making an unauthorised deduction from your salary.
3. Consent: Even if there is a relevant clause, you, the employee, must have been made aware of it and given explicit or implicit consent.
4. Gather Evidence
Documentation: Collect all relevant documents, including the PCN/NtH etc., copies of all communication with your employer regarding the deduction, the employment contract, and company car policy.
5. Procedural Fairness: Note any lack of opportunity given to you to appeal the PCN or discuss the deduction before it was made.
6. Raise a Grievance
Use the company’s internal grievance procedures to formally raise the issue. Clearly outline why the deduction is believed to be unauthorised and unfair.
7. Seek Legal Advice
Consult an employment lawyer to understand the legal standing and potential remedies. Legal advice can provide tailored guidance based on the specifics of the case.
