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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
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I was made redundant without notice, one weeks wages owing,

Resolved Question:

I was made redundant without notice, one week's wages owing, & no redundancy payments for 10 years employed. I used the company credit card machine to pay myself the due week's wages, and am now being charged with an unlawful act.

Is this unlawful?
Is the company acting unlawfully regarding the above listed non-payments to me?

I have never had a contract of employment.

During my employment I wrote the company's database in my own time at home, unpaid. I consider the front end of this to be my property. Can they demand it back?
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. I am afraid that what you did was indeed unlawful - you should not have used the credit card machine to pay yourself, even if the employer did not pay you what you were due.

Whilst they have also acted unlawfully in not paying you, that does not give you the right to pay yourself. There are ways of dealing with this and it could have forced you to make a claim in the employment tribunals or the civil court - that is the proper way of dealing with this.

If you were an employee and had produced their database in the course of your employment then it is something that would belong to the company. If it is not something that was done in the course of your employment then you may argue that it is yours.

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 4 years ago.

Many thanks. Since leaving the company, I have started as a sole trader, and have serviced some customers' hot tubs from my old employment. I sent out a few letters, but most customers have contacted me, as with all employees made redundant, it was assumed closed.

 

Is this unlawful?

Am I bound to provide my ex employer with these customers' names?

Am I bound to account for all monies received?

Can he make me provide an agreement not to contact these customers again?

 

Thank you.

Expert:  Ben Jones replied 4 years ago.
As you did not have a contract of employment, and as such would not have had an specific restrictive covenants, you are free to contact and deal with anyone you wish. This may also include your old employer's clients and you are not legally obliged to account to them for that, provide details or what you have received from them
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