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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47337
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was a director and employee of a c.i.c. and I resigned because

Customer Question

I was a director and employee of a c.i.c. and I resigned because of serious disagreements.
I had some petty cash and I made payments in the name of the company/in my own name with my own card/cash. Directors had verbally agreed on these payments and taken the items that I bought.
Now we are in the process of sorting out all receipts and return to me the money that I paid.
They keep on saying that I might have made payments by myself with the money of the company (but only two signatures can do this). I know it's bullying, but, is there anything that I can do legally?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 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 they are actually taking any action against you?
Customer: replied 4 years ago.

No, they are not taking any action. They just keep saying/asking by email if I've used the company's money by myself, and I keep on answering that I couldn't possibly do it because it requires two signatures. The way they put it, is like if I own money to the company, and if I was spending company money without consent, when I paid for purchases with my own money and they still haven't paid me for the salary. I want to be prepared and know what my rights are on this.


Thank you, Ben

Expert:  Ben Jones replied 4 years ago.
At this stage there is little you can do from a legal point of view if you just want to challenge their accusations. Whilst you refer to their actions as bullying that is not really something that you can challenge, especially as you are no longer employed by them and the closes you will get to being protected is under harassment laws.

Under law (specifically the Protection from Harassment Act 1997 in civil cases and the Criminal Justice and Public Order Act 1994 in criminal cases), a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.

If they are continuously contacting you and making threats about what you are alleged to have done then eventually it can amount to harassment. The police are probably not going to get involved in this but you can still threaten the company that their actions amount to harassment and that they should either deal with their concerns through the appropriate channels (such as making a claim against you if they really believe you owe them money), or stop contacting you.

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Customer: replied 4 years ago.

Hello Ben,


 


This is what I needed to know, thank you!


 


I would also like clarification about intellectual property. I produced most of the paperwork and policies for the company, not as an employee, but as a director on a voluntary basis.


Does these materials belong to me, or do they belong to the Company?


 


I can't rate your answer because the system doesn't let me do it. I'll try again.


 


Thank you

Customer: replied 4 years ago.

Hello Ben, if I needed to take legal action against them (they are not replying now, and my name is everywhere, they haven't confirmed that founders etc. have been informed, accounts and payments to me are pending... Is there any free service that I could use?


Materials (paperwork and reports) that I have produced, do they belong to me or to the company?


Thanks

Expert:  Ben Jones replied 4 years ago.
Hi sorry I was offline for a while. Your IP rights will depend on whether you produced the material in your role as an employee or as a consultant of the company. If you were an employee and produced those materials in the course of your employment then they will belong to the company. If you produced them in a role as a consultant then they will belong to you.

There is no free action as such that you can take, if you were to go to court then you will need to pay a claim fee and then a hearing fee.