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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44953
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I think im in trouble - can you help? I did some free lance

Customer Question

I think im in trouble - can you help?
I did some free lance work over a year ago for a college whilst on basic tutor training and have made a massive mistake it would seem, basically ive sent in some enrolements for the wrong course as well as missing enroling some students.
In the past it had been common practice at this particular college to sign other people up and that is what I was told to do....
Now im in a position where I followed example and have enrolled people on wrong courses (when i say enrolled, i dont do the paper work)
I shold mention I no longer work there, that was way back at the beginning of last year, at the time i was also diagnosed with 'deep depression' and had been considering suicide.
Can you advise please, Im feeling desperate?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if anything is being done about this - has anyone said you are in trouble and held you accountable for example?
Customer: replied 3 years ago.


Yes - my old line manager and his boss are persuing me somewhat.


 


What has happened is that as the enrolements have been put through with the wrong date on then this has resulted in the wrong people receiving certificates. Now my old manager and his boss have turned up at my new place of work and told me that uless this is resolved I may be done for fraud and that they will deny any wrong doing from the college.


 


I never received any training but looking back I should have known better, and so now I find myself in a real state of panic as to what is going to happen.


 


Hope this makes sense....

Expert:  Ben Jones replied 3 years ago.
1. What losses or damage has the employer incurred as a result of your actions?

2. Were you given the appropriate training at the time or do you believe the employer could have done more?

3. Were they aware of your mental state at the time?
Customer: replied 3 years ago.


Hi,


So far as Im aware the employer has suffered no loss or damage as a result of my actions, I was never given any training what so ever, however, I was told that should a course not have enough people on then I should enrol others??? and some were aware of my mental state, maybe not the full extent but they did know my situation at the time.


 


.......

Expert:  Ben Jones replied 3 years ago.
You should not be too concerned about their threats of treating this as fraud because it will not be and to be honest the police will not be interested in this. You did not personally benefit from your actions, which were also not done on purpose so this is not a criminal matter.

If anything, it will be negligence under common law. If the employer can show that you had acted negligently in the circumstances and that they have also suffered financial losses or severe damage to reputation for example then they could potentially sue you and seek compensation. However, if I was advising the employer would make them think carefully about making such a claim because it will not be easy to win and even if they do they may not be able to get anything from you in financial terms.

If this has just caused an administrative headache for them then you should not be worried about any formal repercussions against you. Certainly not fraud. You may wish to consider assisting with any queries they have over what you did at the time but don't let them become too pushy and remember that they can't just go and sue for this without being able to show genuine negligence on your part and more importantly - genuine losses incurred as a result.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.


Thankyou,


Can I ask one more question? I got a wage from the courses I did - will this make a difference?


 


Thanks,


Michelle

Expert:  Ben Jones replied 3 years ago.
Hi Michelle, no, it means you were employed by them in some way but that will not change any of my earlier advice. In any case the employer should have some form of insurance in place to cover such issues so they will need to consider using that in the event of losses before they start pursuing you.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44953
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hello again,


 


Sorry to be a pain - regarding the situation above, in the past as the college I used to do bits of work for were known to enrol people on courses who were 'sat in the office upstaris' or other similar things to fill numbers I know I've done the same following their advice! Where does this leave me?....I'm very worried about that bit.


 


Sorry to go on...

Expert:  Ben Jones replied 3 years ago.
Sorry I don't quite understand your last query can you please clarify
Customer: replied 3 years ago.


Sorry, that sounded a bit strange!


In the past it was common practice for people to be enrolled on a course they did not fully attend, for example: when a class was low people who were not attending training used to fill in enrolments - this was something which I was also told to do at the beginning before I knew any better....

Expert:  Ben Jones replied 3 years ago.
Ok so you were told to do something which eventually turned out to be wrong and you are now being told that what you did was wrong...even though you were initially told it was ok to do?
Customer: replied 3 years ago.


Yes that was it, I guess it all comes down to the fact that I recieved no training at any point - thank you for your advice, it's very helpful to speak to somebody who knows!


I think I'm being bullied a little bit but cant stop worrying, think it was the use of the work 'fraud' and visions of court that have got me terrified!

Expert:  Ben Jones replied 3 years ago.
if anything this will help you - you were only doing what you were previously told was ok, plus you did not receive any training. Do not worry about the fraud allegations - they have no substance

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