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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48731
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I left my job with no notice as I was felt I could not

Customer Question

Hi, I left my job with no notice as I was felt I could not stay due to the bullying ways of one of the directors. In July I had a situation where I made a genuine mistake and ordered some promotional material at an incorrect size. At the time the aforementioned director told me that I would pay for them out of my monthly bonus. A couple of weeks later he told me the material had been actually been used in some temporary stores the business had. I continued to receive my bonus.
Since I left I have received a letter stating I owe some holiday money which is fine. It also states that they have realised I was getting my bonus due to an 'admin error' and I also owe them the money for the promo material.
I don't think I should have to pay for this material as a) I have never known a situation where an employee had to pay for something ordered in error and b) it was actually used for the purpose for which it was ordered so therefore belongs to the company.
Am I right?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did your contract state you could be held liable for this?
Customer: replied 2 years ago.

No I never received a contract, only an offer of employment and I never signed anything agreeing to it

Expert:  Ben Jones replied 2 years ago.
Are they trying to deduct that from your pay which you are still owed?
Customer: replied 2 years ago.

No I am paid up-to-date. They sent a letter saying I need to pay the holiday money I owe plus this money in 7 days. I am not paying anything in 7 days. I intend to offer a payment plan for the holiday money as I have been left unemployed by the fact I couldn't stay there so don't have any money. I am not making a claim for constructive dismissal or anything as I don't want any more stress and they are known for making people's lives difficult once they leave anyway.

Expert:  Ben Jones replied 2 years ago.
I agree with you that it is unlikely they will be able to pursue you for the material. First of all they do not appear to have suffered any losses as a result as they were used for a reason within the business anyway. So no losses means no claim. Therefore they are trying their luck in the circumstances. I would refuse to pay anything to do with the materials. The holiday pay is another matter – legally you would be responsible for paying that back and whilst they could have taken it out of your final pay, if they did not it is now for you and them to agree a repayment plan for it. The only way they can even try and force you to pay back the material costs is to take you to court but I the circumstances I would say it is unlikely and then they would not have a very strong claim anyway.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Thanks so much Ben, you have put my mind at rest.

Expert:  Ben Jones replied 2 years ago.

You are most welcome, all the best