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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49838
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have dismissed a rep - two months into her probationary

Customer Question

We have dismissed a rep - two months into her probationary period. She proved to be wasting our time on 14 issues. We allowed her to keep car for remaining month of her 3 month probation. This was all put in writing. She now claims - bad back unable to drive it back to us in Wellingham from Chippenham. Can we sue her for costs in arranging a collection. All monies owed have been paid to her; in respect of salary.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You are very unlikely to be able to sue her for these costs. First of all you have to have a specific term in the contract requiring her to return the car to you at the end of her employment. Without such a term you cannot claim for breach of contract. Secondly, if she does have a genuine reason for not being able to return the car then you cannot force her to do so. You may have your reservations about whether this is a genuine reason or not but if she is able to obtain a doctor’s note confirming this, which I would expect will not really be an issue, then it would be difficult to challenge that, unless you arrange for your own occupational health assessment. However, you cannot force her to attend one and also you would have to pay for it yourself so it would increase the costs associated with this issue. It is best if you wither accept there may be a slight delay in returning the car until she is able to drive it herself, or you would have to make your own arrangements for its collection, although as mentioned it is unlikely you can recover these costs from her. There is nothing stopping you from asking her to voluntarily cover these costs but if she refuses to then you are only able to challenge this in court next and that would not be a good idea and will just incur further time and expenses on your part.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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 you need further help or if I can close the question? Thank you