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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My question relates to commercial business Loss. My name is

Resolved Question:

My question relates to commercial business Loss. My name is Rabinder
owner of a Country Club in Lincolnshire, UK. This trade is seasonal. There are two retained staff, the remainder are seasonal subcontractors. An employee with 11 years of service in a position of Trust, in the past four to six months has abused his position and caused the considerable financial loss, between £40-65K. Subcontractors and members of the club seperately brought this matter to my attention. The full extent of the loss is being quantified. Some loss has been reversed by temporarily suspending, this member of staff, and me and my family taking a hand on approach.
What type of a Lawyer might I engage to take this matter to a hearing?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Rabinder my name is ***** ***** I will help you with this.

Alex Watts :

On what basis are you attempting to sue the employee? Can't you just dismiss them?

Alex Watts :

Have they been anything other then incompetent?

Customer:

Initially my thoughts were incompetence, but upon probing deeper, I have reason's to believe, there were other factors at play. Create Chaos, confusion and distractions, then put a claim for unfair dismissal???

Customer:

My Question is:

Alex Watts :

If its an employment question I can't help with that and can pass you on to an employment specialist. If its whether a civil or criminal offence has been committed I can help with that

Customer:

Under What category of Law would this fall. It is more than small claims issue. Employment tribunal and dismissal route is time consuming, the loss is purely financial.

Alex Watts :

If you are claiming loss then you would have to show some sort of fraud.

Alex Watts :

Ordinarily if an employee's performance was poor etc it would be an employment matter

Alex Watts :

But if there was something more such as fraud then the employer could issue proceedings against the employee

Alex Watts :

Usually though in the absence of anything serious even with chaos, confusions, distraction etc would not be enough to bring a claim against the employee

Alex Watts :

You need to know that they have been fundamentally dishonest

Alex Watts :

If they had stolen £5,000 - then it is wasy.

Alex Watts :

* easy *

Alex Watts :

You can issue a claim for the £5000

Alex Watts :

If they have been causing chaos then there is no civil claim for that

Alex Watts :

If they have committed fraud then this could be a Police matter or you could issue civil procedings.

Alex Watts :

But you would need to show that fraud has been committed, not that it is suspected or may have been committed

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

My Employee is the head Greens keeper. The Golf Course and Grounds have been his responsibility for more than 10 years. He has failed in his duty and deliberately prevented other from bring about corrective action. He has used foul language argued in raised voice in presence of customers, made physical violence threats.... Severance or dismissal would be incorrect approach. The system is time consuming and no loss would be recoverable.

Alex Watts :

If there have been physical threats then this is a criminal matter and the Police should be invovled.

Alex Watts :

But it will need a statement from those who have been threatened to take action

Alex Watts :

You can't sue for the physical threats, only the Police can take action

Customer:

The Golf Club Chairman, my Director of Golf and my son none of whom have any direct financial interest are all in agreement that the employee has attempted to "hold me to ransom". Now has put in for a severance claim of £15k for being bullied and victimised.

Alex Watts :

Indeed. But these are all employee disputes rather than a civil matter which you can sue.

Alex Watts :

I can outline the process for a civil claim if you wish, but I am of the view a Judge is likely to consider this an employee/employer dispute

Customer:

Alex on the surface I agree it appears as an employment issue. Upon closer examination, there is mischief, to extract money, the employee is bored, also possibly needs funds to attempt another project.

Alex Watts :

I can let you know the process of making a claim if you wish?

Customer:

My question : Is there a down side to putting in a claim for loss? If the Judge redirects it to Employment tribunal, that's ok too. At present my Trust has been betrayed, I suspended him on full pay in order to keep the business solvent, He is far more cleverer than I, could I not take a two pronged approach?

Alex Watts :

The Judge wont direct to the Employment Tribunal - a Judge will simply at most dismiss your claim

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Does the Law, in rare incidents, facilitate/permit an employer to take an employee to Court for Financial Loss?

Alex Watts :

You can, but as I have said you need to show its something more than incompetence, it needs to be something more

Customer:

I wish to thank you, ***** ***** having the patience to assist in this matter. I would like to subscribe to your on line service. For this dialogue has saved me another sleepless night.

Customer:

Yours gratefully,

Alex Watts :

I am happy to help.

Alex Watts :

If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Rabinder

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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