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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48160
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was convicted of theft from an employer last year for £18,000.

Resolved Question:

I was convicted of theft from an employer last year for £18,000. My sentence was 250 hours community payback, 6 months curfew and a 14 month and 9 month concurrent prison sentence suspended for 2 years. My previous employer now wants to take me to civil court for £130,000 or to sign my pension over to them. Can they do this? It seems like if I don't then they will take me back to court.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience. Whilst you may have been convicted of theft and believe that you have paid’ for your deeds, the employer is still able to take out a civil claim for any losses they have suffered from your actions. However, they cannot just pluck a figure out of the sky and pursue you for that – the amount they are suing you for must be an accurate estimate of the losses they have actually suffered as a direct result of your actions. Obviously there is the initial £18,000 and there could be soma additional costs that they incurred in dealing with the issue afterwards but there is a huge difference between the money you stole and what they are now claiming from you. They must be able to justify this so if there is nothing obvious that would explain this difference, and you have not done already done so you can ask them for a specific breakdown of how they have arrived at that figure and challenge it that way.


 


In terms of your pension, whilst generally that is considered ‘safe’ from an employer’s claim, in the event of fraud, theft or gross negligence, it is potentially possible for the employer to try and recover their losses from there. However, that would depend on the policy terms and what the employer can and can’t do under them. If the policy does not allow it then they may not actually be able to force you to sign it over to them.


 


So there are two main things for you to do now – examine the claim amount in more detail and challenge it if necessary; and also check your pension policy terms to see what the employer is allowed to do in the circumstances in terms of claiming the money they believe they are owed from your pension.

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