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Lady_Jamileh  
#1 Posted : 15 March 2022 11:30:50(UTC)
Rank: New forum user
Lady_Jamileh

Good morning all

We have always provided agency staff with safety shoes if they turn up without them as it is in the RA.  We are now in a situation where many agency staff stay maybe a day/week/month and take the safety shoes with them and do not return them.  My employer wants to put in writing along the lines of "Should any of PPE supplied ( safety shoes/High Viz)  not be returned as agreed, we then reserve the right to deduct the monetary amount to replace this item/items from your next weekly/monthly salary.

Is this something that they can do?

I would appreciate any advice


Thank you 

Roundtuit  
#2 Posted : 15 March 2022 12:46:33(UTC)
Rank: Super forum user
Roundtuit

ABSOLUTELY NOT - PPE must be supplied Free of Charge.

If you do not want to fund the PPE then turn the worker away at the door as being unprepared.

Just how does your boss propose to legally deduct monies from the wages of an individual who is actually paid by the agency from monies they have received from yourselves - It is not the same as getting an employee to sign an authorisation for a deduction from pay.

That £10/hour charge by the agency equates to something far less in the workers pay packet.

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 15/03/2022(UTC), Lady_Jamileh on 15/03/2022(UTC), A Kurdziel on 15/03/2022(UTC), Lady_Jamileh on 15/03/2022(UTC)
Roundtuit  
#3 Posted : 15 March 2022 12:46:33(UTC)
Rank: Super forum user
Roundtuit

ABSOLUTELY NOT - PPE must be supplied Free of Charge.

If you do not want to fund the PPE then turn the worker away at the door as being unprepared.

Just how does your boss propose to legally deduct monies from the wages of an individual who is actually paid by the agency from monies they have received from yourselves - It is not the same as getting an employee to sign an authorisation for a deduction from pay.

That £10/hour charge by the agency equates to something far less in the workers pay packet.

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 15/03/2022(UTC), Lady_Jamileh on 15/03/2022(UTC), A Kurdziel on 15/03/2022(UTC), Lady_Jamileh on 15/03/2022(UTC)
chris42  
#4 Posted : 15 March 2022 13:44:50(UTC)
Rank: Super forum user
chris42

If you get the safety shoes back are you intending to give them out to someone else ?

If you get them back just to be spiteful, then you end up with another waste stream to deal with.

By the very nature of Agency working isn’t it short term work and I think the new legislation is to combat those that do the work having to pay for the things provided for their safety. It will become part of the agency costs which will get ultimately charged to the customers. The ultimate company will weigh up the cost of temporary v fully employed, taking this cost into account.

I agree with the above you can’t charge for PPE either before or after it is supplied.

Chris

thanks 1 user thanked chris42 for this useful post.
Lady_Jamileh on 15/03/2022(UTC)
Lady_Jamileh  
#5 Posted : 15 March 2022 14:31:48(UTC)
Rank: New forum user
Lady_Jamileh

Hi

Thank you to those of you who have responded already.  No the company are not doing this to spite anyone - what they want to do is similar to a bowling alley where they spray shoes with anti fungal/anti bacterial spray between uses.  I did not feel comfortable at all about the employer wanting to deduct the money from anyone which is why I asked the question.  

Like you have quite rightly stated most agency staff already have their own PPE so it is my opnion also that the cost of the PPE even if they did not return it would not be any kind of significant amount to the company

Thank you again for your advice.

Roundtuit  
#6 Posted : 22 July 2024 09:25:43(UTC)
Rank: Super forum user
Roundtuit

johnsmith REPORTED hidden hyperlink

thanks 4 users thanked Roundtuit for this useful post.
peter gotch on 22/07/2024(UTC), chris42 on 23/07/2024(UTC), peter gotch on 22/07/2024(UTC), chris42 on 23/07/2024(UTC)
Roundtuit  
#7 Posted : 22 July 2024 09:25:43(UTC)
Rank: Super forum user
Roundtuit

johnsmith REPORTED hidden hyperlink

thanks 4 users thanked Roundtuit for this useful post.
peter gotch on 22/07/2024(UTC), chris42 on 23/07/2024(UTC), peter gotch on 22/07/2024(UTC), chris42 on 23/07/2024(UTC)
peter gotch  
#8 Posted : 22 July 2024 11:33:07(UTC)
Rank: Super forum user
peter gotch

......now let's see, what moniker shall I pick today for the IOSH Forums? I know, "johnsmith" which is so common a combination of fore and surnames that even Roundtuit won't be suspicious.....

But, what happened?!?!

Kate  
#9 Posted : 22 July 2024 16:19:03(UTC)
Rank: Super forum user
Kate

I'm sure you can ask a chatbot to answer the question, "What user name could I choose that will not arouse suspicion?"

However, as usual, the answer may not be reliable.

Roundtuit  
#10 Posted : 22 July 2024 18:45:43(UTC)
Rank: Super forum user
Roundtuit

Nothing to do with usernames although the more "common" the name the more the interest peaks.

Roundtuit  
#11 Posted : 22 July 2024 18:45:43(UTC)
Rank: Super forum user
Roundtuit

Nothing to do with usernames although the more "common" the name the more the interest peaks.

Alan Haynes  
#12 Posted : 24 July 2024 14:15:01(UTC)
Rank: Super forum user
Alan Haynes

Back to the questiion.

Set up the contracts with the Suppliers of 'workers' to include that if it is necessary to supply PPE Footware [or even all PPE], if it is not returned at the end of that workers 'stint' with you, then the costs will be deducted from the suppliers payments, when they bill you.

Roundtuit  
#13 Posted : 24 July 2024 14:56:09(UTC)
Rank: Super forum user
Roundtuit

The OP has not been on the forum since 2022 - thread resurrected by a spammer.

Interesting proposition to dock the employment agency.

Someone forgets to return the kit, the agency to recoup charges seeks to dock the worker only the deductions then take the agency staff hourly rate below the minimum wage a matter for HMRC.

Meanwhile having provided insufficient funding for minimum wage payment the agency back heels pay enquiries which sets your company in HMRC sights.

At the next round of negotiations the rates increase by the deductions achieving?

Roundtuit  
#14 Posted : 24 July 2024 14:56:09(UTC)
Rank: Super forum user
Roundtuit

The OP has not been on the forum since 2022 - thread resurrected by a spammer.

Interesting proposition to dock the employment agency.

Someone forgets to return the kit, the agency to recoup charges seeks to dock the worker only the deductions then take the agency staff hourly rate below the minimum wage a matter for HMRC.

Meanwhile having provided insufficient funding for minimum wage payment the agency back heels pay enquiries which sets your company in HMRC sights.

At the next round of negotiations the rates increase by the deductions achieving?

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