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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6938
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I've recently been dissmised from my job as a result of

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Hi, I've recently been dissmised from my job as a result of gross misconduct, as ashamed as I am to say it it was a case of theft, I'm a shop merchandiser and was closing down, emptying a store don in a local town, I was removing a cctv display and decided to take it home (I was under the belief it was to be thrown away). Anyways I fully support my employers decision to terminate my contract. My concern is I have an indemnity clause in my contract, my employer is claiming he has lost future works with the client as a result of my actions leading to my dissmisal, will the indemnity clause allow my employer to sue me for potential loss of future works, or is the indemnity policy in place to protect my employer should my actions result in the client suing me employer and in turn my employer can use me for the costs incurred from the client? Thanks, Jay.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Not as yet, however I'm certain my dissmisal is justified.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was fully employed by the company and had been for 12 years, my company was contracted in to the client to assist with the store closure
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Nope that is all really, I fully accept the dissmisal however I'm concerned about the indemnity clause in my employment contract

Hello my name is***** am a solicitor and I am happy to help you today. What does the wording of the indemnity say?

Customer: replied 8 days ago.
the employee will indemnify the employer in respect of any liability incurred by the employer as a direct consequence of the employees negligence, breach of duty, or breach of trust in relation to the affairs of the employer
Customer: replied 8 days ago.
I think it's a basic generic work place employment contract

Why are you concerned that a client may sue you?

or rather sue the employer?

Customer: replied 8 days ago.
As a result of my actions my employer is saying he has lost future works with the client, over £20k worth upto now (3 weeks since he incident) I'm worried that the indemnity clause in my contract could potentially allow my employer to sue me for the loss of business and future business from the customer/client

How do they say that this is connected to your actions?

Customer: replied 8 days ago.
The client has supposedly cancelled future jobs with my employer as a result of my actions
Customer: replied 8 days ago.
I was under the belief the indemnity would only cover instances such as if cause damaged to a clients property during my work duties, if the client was to sue my employer for the costs of repair then my employer can use me, that was my belief of how the indemnity works,

You are right, it would normally be for the value of the stolen goods or any damage to property.

He is trying to call your bluff. It is highly unlikely that a client would cancel a job if you have been dismissed. I do not believe that they would either genuinely try to take action against you for this or if they did they would be able to show that this is a 'direct consequence'.

Is there anything further you would like to know?

Customer: replied 8 days ago.
No, thank you very much, you've out my mind at rest, the worry has made my physically I'll, I was worried I'd loose my property as a result of my actions. I don't catogorise myself as a criminal and I'll never put myself in a position like his again, thanks for your help Jenny.

no problem at all, please do take the time to rate my answer before leaving the site and all the best for the future.

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