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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I had an affair with my boss years. During this time

Customer Question

i had an affair with my boss for 4 years. During this time cash went into my account which he knew about. Another director found out about it so it was put back. Now my bosses wife has found out and says shes going to the fraud squad and has sacked me where do i stand?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How did cash come to be in your account?
Customer: replied 2 years ago.

he paid me cash for part of my wages and we used to hide it as a payment, so when we paid suppliers it said canuto (the supplier) but my bank details

Expert:  Jo C. replied 2 years ago.
Ok. But what was the payment for?
Customer: replied 2 years ago.

nothing it was paid into my mortgage account i didnt see it had gone in there as i don't get mortgage statements. once i found out about it i told my boss and it was all put back into the company bank account

Expert:  Jo C. replied 2 years ago.
So it was an error? Or what was the point? What was he trying to gain?
Customer: replied 2 years ago.

yes it was and all paid back, but his wife is calling me a thief and is calling the fraud squad

Expert:  Jo C. replied 2 years ago.
I wouldn't worry about the fraud squad. I don't know what this has to do with his wife anyway. Perhaps she could get a job and pay her own bills rather than depending on her husband. If he is going to say that this was an error then there is no case. If he is going to lie through his teeth about it then there is a case but it isn't for the fraud squad. It is just normal CID. If they allege theft and you say that this was a mistake then it is a simple matter of denying it and if they charge you contesting it at court. Since the money was retained in your account without being spent there is support for your explanation. Can I clarify anything for you? Jo
Customer: replied 2 years ago.

She is company secretary but not active until now. They have 4 properties too so she is very self sufficient and also works fulltime elsewhere. the money didnt stay in the account all the time as i have a mortgage account which pays the mortgage each month and the balance goes to my savings account so it didnt stay in one place, but i can say it was all paid back.

Expert:  Jo C. replied 2 years ago.
The repayment doesn't mean it was removed dishonestly.
If it had built up a slush in your account then that would give rise to the inference that it was not taken dishonestly as no use was made of it.
That said, if they cannot show that you must have known it was there then that is a helpful point.
Customer: replied 2 years ago.

OK what if the funds were used, bearing in mind my boss new about the money, and what about all the cash wages i was paid??

Expert:  Jo C. replied 2 years ago.
If the funds were used then that tends to suggest you knew about them.
If you knew about them then it couldn't have been wholly a mistake.
Whether he knew about the money is not really the issue. The issue is whether or not he had authority to pay in this way and also whether or not the court accepts that he knew at all.
I'm not sure what the relevance of cash wages is?
Customer: replied 2 years ago.

Thank you he did know about this and the relevance for wages is he paid this way to avoid paying tax and NI on the money i received. Another colleague was paid this way too.

Expert:  Jo C. replied 2 years ago.
Yes, I understand why employers do that but it doesn't assist with the issue of whether or not you had these funds lawfully.
In fact, it is never a good point for employees to take anyway because they commit offences if they accept payment in this way as well.