Does the employer have an responsibility in this case?
Discussion
First time posting in SPL, so please be gentle
A friend/client of mine doesn't want to claim on his insurance, as he has a large excess and doesn't want to harm his NCD.
On friday he stayed at a hotel in London, and left his car in the parking at the front of the hotel while went out.
On his return he found his car damaged, probably circa £4k worth.
The hotel know about it and explain whats happened.
A company has held an event in one of the function rooms for its staff. Two of them, whilst under the influence of the alcohol supplied at the event, have come outside for some fisty cuffs.
The fight go broken up, but one of the two took his frustrations out on my friends car immediately after. Then ran off into the night.
there is CCTV of the incident, and whilst the employee has been identified, The Met aren't doing a lot to apprehend him.
On the night the company were all apologetic, and said they would sort it out, but now they are saying its nothing to do with them.
Does the hotel have any responsibility?
Does the guys employer have any responsibility?
Does he just need to get it repaired, lick his wounds and move on?
A friend/client of mine doesn't want to claim on his insurance, as he has a large excess and doesn't want to harm his NCD.
On friday he stayed at a hotel in London, and left his car in the parking at the front of the hotel while went out.
On his return he found his car damaged, probably circa £4k worth.
The hotel know about it and explain whats happened.
A company has held an event in one of the function rooms for its staff. Two of them, whilst under the influence of the alcohol supplied at the event, have come outside for some fisty cuffs.
The fight go broken up, but one of the two took his frustrations out on my friends car immediately after. Then ran off into the night.
there is CCTV of the incident, and whilst the employee has been identified, The Met aren't doing a lot to apprehend him.
On the night the company were all apologetic, and said they would sort it out, but now they are saying its nothing to do with them.
Does the hotel have any responsibility?
Does the guys employer have any responsibility?
Does he just need to get it repaired, lick his wounds and move on?
I would ask the company for his details and see what they do and ask the police to do the same. At the end of the day an offence has been committed and it should be straightforward for them to obtain the culprits details and pass them on so you can take legal action. Speak to the police, escalate to the duty sergeant, Chief Constable and then IPCC. Personally I'd start a social media campaign against the company and threaten to go to the press, but I tend to go in quite hard in such circumstances.
strain said:
The hotel should enquire with the business who the member of staff was and get details which can then be taken to small claims court, the video evidence will be proof with witness statements (Staff)
Once the guy realises he cant bury his head in the sand it should be sorted
Great IF the hotel agree and business agree to do that. Certainly worth asking but I reckon they’ll hide behind data protection.Once the guy realises he cant bury his head in the sand it should be sorted
AndyTR said:
I would ask the company for his details and see what they do and ask the police to do the same. At the end of the day an offence has been committed and it should be straightforward for them to obtain the culprits details and pass them on so you can take legal action. Speak to the police, escalate to the duty sergeant, Chief Constable and then IPCC. Personally I'd start a social media campaign against the company and threaten to go to the press, but I tend to go in quite hard in such circumstances.
Company event - hold them liable for the actions of their employees. Get the details from companies house and send an email to their CEO copying the company secretary and the chairman of the board (if they have one) outlining the points and critically, make it clear what is requested in terms of a response. Offer 7 days for response. It might work...In parallel, pressure the police.
Vaud said:
AndyTR said:
I would ask the company for his details and see what they do and ask the police to do the same. At the end of the day an offence has been committed and it should be straightforward for them to obtain the culprits details and pass them on so you can take legal action. Speak to the police, escalate to the duty sergeant, Chief Constable and then IPCC. Personally I'd start a social media campaign against the company and threaten to go to the press, but I tend to go in quite hard in such circumstances.
Company event - hold them liable for the actions of their employees. Get the details from companies house and send an email to their CEO copying the company secretary and the chairman of the board (if they have one) outlining the points and critically, make it clear what is requested in terms of a response. Offer 7 days for response. It might work...In parallel, pressure the police.
I'd be going mad at the Met personally. You have evidence of criminal damage to your car, the perp has been identified, and you wish to press charges. They need to sort this out. I would be escalating it as much as possible with them....getting fobbed off is not an option, a crime has been committed.
Your other option is to contact the company and ask them to get the employee to contact you to resolve this without pressing charges. He could come out of it without a criminal record, if he mans up and makes good what he did...might encourage him to get in touch.
Your other option is to contact the company and ask them to get the employee to contact you to resolve this without pressing charges. He could come out of it without a criminal record, if he mans up and makes good what he did...might encourage him to get in touch.
Vaud said:
Company event - hold them liable for the actions of their employees. Get the details from companies house and send an email to their CEO copying the company secretary and the chairman of the board (if they have one) outlining the points and critically, make it clear what is requested in terms of a response. Offer 7 days for response. It might work...
Yes, give them 7 days before you put the details on social media. That should get the desired result. TwigtheWonderkid said:
Yes, give them 7 days before you put the details on social media. That should get the desired result.
It might work, but some companies don't care about social media. A formal "letter before action" and then small claims process might be more effective and no legal fees.The social media stuff can backfire.
I really don't think you can hold the company responsible. They dropped the ball by promising to sort it out and then going back on their word, which is not acceptable, but how can it be their fault?
One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
cbmotorsport said:
I really don't think you can hold the company responsible. They dropped the ball by promising to sort it out and then going back on their word, which is not acceptable, but how can it be their fault?
One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
Legally probably not, but they might pay to make the issue go away. One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
Legally the police should be prosecuting... sorry submitting to the CPS.
(IANAL)
Vaud said:
cbmotorsport said:
I really don't think you can hold the company responsible. They dropped the ball by promising to sort it out and then going back on their word, which is not acceptable, but how can it be their fault?
One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
Legally probably not, but they might pay to make the issue go away. One of their employees damaged a car outside. The fact that they had an event going on inside the hotel really doesn't matter surely.
If I was to walk out of work and smash up a car parked in the office next door could you honestly hold my company responsible?
Legally the police should be prosecuting... sorry submitting to the CPS.
(IANAL)
Where do you draw the line? If the crime committed outside had been different, would you still hold the company responsible? Assault or drink driving for example?
Edited by cbmotorsport on Wednesday 15th August 11:52
A company has full legal responsible for any event that it puts on for either the public or it's employees. Put a claim into the business involved asap, it should put this into it's insurance company. In addition, the two employees will probably / possibly be hauled through their disciplinary process.
The hotel will have responsibility to an extent due to the incident happening on their premises, might need a chat with their General Manager / Owner.
Police are useless for this sort of thing and many other things tbh.
eta: IANAL
The hotel will have responsibility to an extent due to the incident happening on their premises, might need a chat with their General Manager / Owner.
Police are useless for this sort of thing and many other things tbh.
eta: IANAL
carinatauk said:
A company has full legal responsible for any event that it puts on for either the public or it's employees. Put a claim into the business involved asap, it should put this into it's insurance company. In addition, the two employees will probably / possibly be hauled through their disciplinary process.
I don't see how? As I said earlier, if the chap had run someone over outside when pissed, would that be the companies responsibility too? Where do you draw the line? To be honest I can’t see you getting very far with the police. Before the usual suspects start a stop criticising the police hijack, we have to accept this just isn’t a police priority.
But definitely get a copy of the cctv. Even if you just video it from their screen to your phone.
Although £4K of damage, blimey.
But definitely get a copy of the cctv. Even if you just video it from their screen to your phone.
Although £4K of damage, blimey.
Firstly make sure you get a copy of the CCTV and that it is preserved. Your friend obviously knows the ID of the company as they are now saying it’s nothing to do with them. Ring the boss and ask nicely for the employees details and if he refuses say you’ll post the video all over their media presence. Presumably the company is relatively local so go around there. It might be they’ve sacked him and that’s why they aren’t getting involved.
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