Civil action for employee theft

Discussion in 'Legal' started by B52, Sep 2, 2014.

Thread Status:
Not open for further replies.
  1. B52

    B52 UKBF Newcomer Free Member

    16 0
    Hello everyone,

    A business is considering taking civil action against an employee who immediately departed their job before the full extent of their employee expenses theft could be properly & fully discovered. They have not been seen for some months. Investigation of accounts since has revealed that (conservatively) just under 10k was wrongly claimed so will likely be MCOL claim. We will first need to send pre-action protocol letter giving them opportunity to pay back & we expect that they will do this. My question is - If they do so & this matter is effectively settled out of court, can we publicise that this has happened?
    This person was held in high trust in the business & at the moment it appears to everyone that they just left of their own volition as we have been discreet about what has happened in anticipation of perhaps needing to consider legal action to recover the money. Thanks in advance for any help.
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    14,399 3,844
    Why not report the theft to the police? Criminal cases have loads of publicity.
     
    Posted: Sep 2, 2014 By: Newchodge Member since: Nov 8, 2012
    #2
  3. B52

    B52 UKBF Newcomer Free Member

    16 0
    Thank you for your input.

    We have of course considered this & most people appreciate what you say with little understanding of the law, however we want to also to understand about the publicity issue with respect to the civil solution, whether settled in advance of a case or after court decision.

    My question is - If they do pay what they owe as soon as asked & this matter is effectively settled out of court, can we publicise that this has happened? Thanks all.
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #3
  4. Newchodge

    Newchodge UKBF Big Shot Free Member

    14,399 3,844
    If they settle without any side agreement that there should be no publicity, then you can say what you like, subject to the laws of defamation. If they agree only to settle with a confidentiality agreement as part of the deal, you are bound by the agreement. If there is a court case, the result is public 'property', unless the court issues a gagging order (which is not going to happen in this type of case).
     
    Posted: Sep 2, 2014 By: Newchodge Member since: Nov 8, 2012
    #4
  5. B52

    B52 UKBF Newcomer Free Member

    16 0
    Thank you. That is what I'd presumed. You're saying that if the business were to receive a cheque from them & that is it - we would be free to tell other employees exactly why that person had moved on.
    Much appreciated.
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #5
  6. B52

    B52 UKBF Newcomer Free Member

    16 0
    Just from a point of interest & so we are quite clear before we decide how to proceed - if we were asked to sign a confidentially agreement in order to be refunded, & were we to reject that offer of payment because we were unwilling to agree to confidentiality. If we were then to proceed to small claims on the basis that we feel the employee has lost all right to privacy in this matter, never mind the offer of payment; would the Judge be critical of us having been offered payment & this being a sticking point? We'd like this person to be 'outed' to our other employees, as this theft, not to mention their other actions at work have had a negative impact on them & we've felt until now we must be discrete in the interest of finding the best way of dealing with what has been an unpleasant experience. Thanks again.
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #6
  7. AllUpHere

    AllUpHere UKBF Ace Free Member

    3,365 1,282
    I have given this advice on this forum before, but you need to treat this as a business decision and not an emotional one. Get your money back and forget it. There is no value in being able to tell anyone who will listen about what happened. It seems to me as though your primary goal is revenge led, rather than business minded.
     
    Posted: Sep 2, 2014 By: AllUpHere Member since: Jun 30, 2014
    #7
  8. Newchodge

    Newchodge UKBF Big Shot Free Member

    14,399 3,844
    The judge would not normally be told about any settlement discussions. If you reject a settlement offer and the other party then decides to fight the case, telling the judge about a settlement offer would prejudice them into believing the case was accepted by the other party.
     
    Posted: Sep 2, 2014 By: Newchodge Member since: Nov 8, 2012
    #8
  9. B52

    B52 UKBF Newcomer Free Member

    16 0
    [
    Thank you for your opinion.

    Please bear in mind that this is however an open forum & there will often be far more to a situation than you might be aware of sitting at home reading the limited information you might have been given by the OP who, in the interests of brevity & discretion, may feel unable to give you the rationale behind their very carefully considered question.

    If an OP asks a direct & factual question then they are looking for a direct & factual answer. Politeness should dictate that this is all that is proffered.

    If they ask for the 'opinion' of a stranger on a forum then fair enough; they are clearly looking for something quite different.

    This OP was not asking for anyone's opinion - that is the sort of thing that invites opinionated, unqualified commentators to wade in & that would be stupid if all you require is a business-like & factual answer from someone who is hopefully suitably qualified to properly answer that question.

    I have received the answers I feel I require from Newchodge - Thank you Cyndy for your help.
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #9
  10. MikeJ

    MikeJ UKBF Big Shot Free Member

    5,839 1,724
    Just checking.. you've not used an internet forum before, have you? ;)
     
    Posted: Sep 2, 2014 By: MikeJ Member since: Jan 15, 2008
    #10
  11. B52

    B52 UKBF Newcomer Free Member

    16 0
    I have. Just trying to do my best to make sure the 'grown ups' stay in charge though.:)
     
    Posted: Sep 2, 2014 By: B52 Member since: Sep 2, 2014
    #11
  12. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    11,899 2,476
    Name and shame is a good way to get back at someone, but you need to be absolutely clear of what you do and say. If you are charging him with theft and he makes good thats one thing, but if you state there are errors in his expenses and he makes good and states something like sorry i thought i was correct then naming him a thief may lead to you being in court explaining your actions

    What do you really want, money back for the company or show him up then the police are the safest option

    Forums are not normally a good place to get yes/no answers, everyone is interested and often feel the need to give a input with something that may or may not be relevant to the OP but may be to someone else who searches for this post in a similar position in later months or years. The only sure way to get yes / no answers is to pay for a expert or take the forum route and get whatever comes
     
    Posted: Sep 2, 2014 By: Chris Ashdown Member since: Dec 7, 2003
    #12
  13. Karimbo

    Karimbo UKBF Ace Free Member

    1,995 205
    the whole point of settling is we make you good on your loss and we never utter a word about it in the press. Settlement contract will inevitably have that clause in from the other party.
     
    Posted: Sep 18, 2014 By: Karimbo Member since: Nov 5, 2011
    #13
  14. omen666

    omen666 UKBF Newcomer Free Member

    2 0
    Wow, I cannot believe you are going for civil recovery here. If you do gain a judgement, which you will no doubt add the costs too, it is a long and laborious process for you to get the money back and if he has been fiddling I would safely assume he doesnt have that amount of money back.

    Bearing in mind too that you will probably have to pay for Bailiffs who add substantial amounts and you are unlikely to see your money any time soon, if the HCE get involved and he goes bankrupt you have nothing to come back.

    If you report it to the police, then let them take the lead, they will charge if approriate, when it comes to court the CPS will ask for the money back which a judge will award and they will also be subjected the proceeds of crime act. This compensation order will be with him for a lifetime until such time it is paid back and any breach of the proceeds of crime act will result in more punishment.

    Stealing from an employer even by this means is a massive breach of trust not looked upon favourably buy Crown Court Judges especially for this amount and I would expect him to get a custodial for it too, regardless of circs. I also think you have a moral duty of preventing him from gaining another job where he is likely to do the same, but that is my personal opinion, when you employ someone do you take references and do a DBS (if req) if so why? Wouldn't you want to know if someone prospective you are going to employ had a record of theft/fraud by false representation against them???
     
    Posted: Sep 18, 2014 By: omen666 Member since: May 26, 2010
    #14
Thread Status:
Not open for further replies.