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TRUCK ACT 1896 - SECT 2

Deductions or payments in respect of damaged goods.

2.(1) An employer shall not make any contract with any workman for any
deduction from the sum contracted to be paid by the employer to the workman,
or for any payment to the employer by the workman for or in respect of bad or
negligent work or injury to the materials or other property of the employer,
unless

(a)the terms of the contract are contained in a notice kept constantly affixed
at such place or places open to the workmen and in such a position that it may
be easily seen, read, and copied by any person whom it affects; or the
contract is in writing, signed by the workman; and

(b)the deduction or payment to be made under the contract does not exceed the
actual or estimated damage or loss occasioned to the employer by the act or
omission of the workman, or of some person over whom he has control, or for
whom he has by the contract agreed to be responsible; and

(c)the amount of the deduction or payment is fair and reasonable, having
regard to all the circumstances of the case.

(2) An employer shall not make any such deduction or receive any such payment
unless

(a)the deduction or payment is made in pursuance of, or in accordance with,
such a contract as aforesaid; and

(b)particulars in writing showing the acts or omissions in respect of which
the deduction or payment is made and the amount thereof are supplied to the
workman on each occasion when a deduction or payment is made.

© 1896 Crown Copyright

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