How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44888
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Hi.Im a mechanic and my tool were stolen from my employers

Customer Question

Hi.Im a mechanic and my tool were stolen from my employers garage.His insurance didnt cover any of my tools in case they were stolen.his insurance said he was very under insured.
What are my rights.is he liable.can i make a claim against him as he is very against giving me money to replace them.my tools are worth £11700.
He has paid about £300 towards but this is no where near enough i think.he wont listen or talk about my tools.he also gets very aggressive when i mention it to him.
my tools are the bread and butter of my trade and i cant do my job in a propper way without them.
What are your thoughts.
many thanks Gareth
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Sorry to hear about this.

If your employer permitted you to store your tools at his garage, then you could argue that your employer had an implied duty of care towards you to keep the tools safe and that he would be liable in the event of loss.

You may file a court claim against him for the full value of the tools less the £300, the easiest way to do so would be at www.moneyclaim.gov.uk

However, the court proceedings may break down your relationship with your employer and make it untenable for you to continue working for your employer.

If you are able to, the best thing would be to settle the matter out of court and try and negotiate a settlement with your employer.

Can I help further?
Expert:  Ben Jones replied 2 years ago.
Hello, whilst you could indeed argue that the employer had an implied duty of care in keeping your tools safe because they were stored on their premises, what has not been mentioned, which is also very important, is that to be able to successfully claim against them you would need to show that they had in some way breached that duty. For example, this may have happened if they were negligent in the way they stored the tools, like leaving the store open or not dealing with known or obvious security issues which could have resulted in access being gained. However, if they had made all reasonable attempts to keep the tools secure and this was just an unpredictable event where it could be shown that the employer was not at fault, then unfortunately you may struggle to show that they had breached that duty they owed you and making a claim could be just wasting your money. It does not stop you threatening him with making a claim to try and prompt a settlement but don't just jump into making a court claim without considering the legal requirements you need to meet to be successful.
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice