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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 59762
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

We had an employee who was using finger print scanner, he

This answer was rated:

hi, we had an employee who was using finger print scanner, he overinvoiced 3600 over 3 months, we took his final payment and didnt pay £1200. He has now issued a CCJ. where do we stand
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: no
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: self employed
JA: Anything else you want the lawyer to know before I connect you?
Customer: UK based construction

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

When you say a CCJ has it gone through court and he has won the claim?

Customer: replied 3 months ago.
no he has applied for his final £1200 via ccj

ok but a CCJ is a County Court Judgment - it is what is issued by the court at the end of a claim once the claim has been won by one party

Customer: replied 3 months ago.
well
he has threatend a ccj
Customer: replied 3 months ago.
we have all gate times off fingerprint scanner
Customer: replied 3 months ago.
hello?

still here, it takes more than a minute or two to reply at times though as I am dealing with a number of costumers this eve

Customer: replied 3 months ago.
Ok, He has threatened a CCJ for £1200 his final payment, his gate times for 3 months he has over charged £3200.

There is nothing stopping him from making a claim against you and he can try his luck in court. However, as he is the claimant, it is for him to prove that he ahs a valid claim. At the same time you can provide any defence and evidence you have to challenge his claim. So if you have all the times from the scanner and can prove when he was actually working, you can end up with a reasonably solid defence against his claim. It would then be for the judge to decide who is right and who is not. If he wins, you will either have to appeal or just pay what he has claimed for (or a proportion as ordered by the court). You won’t get any further issues if it is paid and you won’t be liable for his legal fees either. However, if you win then you would have nothing to pay and you can also threaten to report him to the police for fraud.

Does this answer your query?

Customer: replied 3 months ago.
would the matter be resolved or ccj stay on file, and cna we counter for the £3200

the CCJ only stays on file if he wins and get the order against you for you to pay him and you do not pay within the month's deadline. As to claiming for the £3200, you are unlikely to do so as he has obviously done some work for you which means you would owe him something and cannot claim the full amount back. If you have already paid him what he was due, then you cannot claim anything else

Customer: replied 3 months ago.
ok thanks for your help

All the best

Ben Jones and other Employment Law Specialists are ready to help you