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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44892
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a building contractor. We believe a self employed

Customer Question

I am a building contractor. We believe a self employed subcontractor working for us on a loft conversion at out customers house stole an ipad mini whilst he was on site. He was the only subcontractor present on site on the day it went missing. It is currently being investigated by police with him as the main suspect. We have told him he can't be on site now. He has an outstanding invoice which is due for payment. Would I be able to make a deduction for the cost of the stolen ipad?
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

Did you have a contract with him that says such deductions can be made? I presume there is no concrete proof that he stole the item?

Customer: replied 1 month ago.
No, no contract and at the moment unless the ipad is found in his possession or at his residence or he admits in there isn't anything to prove he has categorically stolen it unfortunately. I'm pretty sure the answer is no I can't make a deduction but just wanted to check.
Expert:  Ben Jones replied 1 month ago.

Hi there, you would really need to have a specific contractual term allowing you to make such deductions before you are able to make them legally. If you make them when no such clause exists then you are likely to be acting in breach of contract and he could potentially take steps to recover that money. You could make a counter claim to try and recover the cost of the iPad from him but really would need some proof to back up such a claim. The same would apply if you were to not make the deductions and make a claim yourself for this amount. So unless you had the specific contractual right to deduct such amounts from his pay you should not do so and you need to consider making your own claim in the small claims court for recovering it. Alternatively you can take the risk on making the deductions anyway but with the knowledge that they can make a claim against you to recover that. However as mentioned you can then consider making a counter claim against them but ideally only if there is some proof that they were responsible for the theft.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 month ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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