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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 23756
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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If someone was to buy products on behalf of the company that

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If someone was to buy products on behalf of the company that they worked for, but paid more for them than they could source them for, then split the difference with the supplier owner and the buyer, into their personal accounts, say to the value of £60,000 over 15 different transactions what would this be classed as ? Would it carry a definite custodial sentence ? Would the employer have any say in the punishment ? Thanks

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you asking if this is theft?

what do you mean 'would employer have any say in punishment'?

Customer: replied 11 days ago.
Hi yes is this theft or fraud or other ? Could the employer say if they wanted the employee to be spared prison, or is it down to the courts only ? The reason I ask is I am fairly sure in the past we have dropped charges as we didnt want the person to go to jail as they had children. Thanks

Yes, this is fraud or theft which is more serious because it’s in the position of trust and it’s a breach of trust..  It depends on the amount of money as to whether it would carry a jail sentence.

You can always make representations to the court that if the court is considering a custodial sentence, you would ask for leniency and for the custodial sentence to be suspended.  Basically, you are just standing up for the culprit.  No harm in doing that at all.

Customer: replied 11 days ago.
Thanks - The amount is approx £60,000 over maybe 20 occasions so an average of £3000 each time, over a period of around 12 months. My gut thought is it would be custodial, but this is not my area of expertise so any further advice would be greatly appreciated.

Since the fact that it is over 20 occasions and involves some planning, along with the breach of trust means that it’s not a crime of opportunity so that is an aggravating factor.

I think that’s going to carry a custodial sentence and there is a slim chance that it would be suspended

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