Legal advice needed!!
Discussion
You should be in the clear on this. The work was undertaken by him in a private capacity, not as an employee of your company. You should have no responsibility for any work he has done in this instrance as none of the work carried out had anything to do with your business. You had no contract with the company he carried out the work for.
Indeed, you may have a case against your employee on a number of issues:
calling in sick when he patently wasn't
undertaking work in a private capacity - especially if this is not permitted under his employment contract with you
Indeed, you may have a case against your employee on a number of issues:
calling in sick when he patently wasn't
undertaking work in a private capacity - especially if this is not permitted under his employment contract with you
Only my opinion someone will be along with factual answer I'm sure.
If you didn't supply a quote, they didn't send you an order, you didn't carry out the work and you didn't invoice for the work. I would say your liability is zero.
Did the bloke use your tools and materials for the job?
To further cover yourself I would start disciplinary action against the individual so you can make clear you had nothing to do with the work carried out. But I'm sure you are going to do that anyway.
If you didn't supply a quote, they didn't send you an order, you didn't carry out the work and you didn't invoice for the work. I would say your liability is zero.
Did the bloke use your tools and materials for the job?
To further cover yourself I would start disciplinary action against the individual so you can make clear you had nothing to do with the work carried out. But I'm sure you are going to do that anyway.
Jumpy Guy said:
I work for a small company doing factory electrical installation.
A couple of weeks ago, we were approached by a customer to do some electrical work. We turned down the work for two reasons-
1. no drawings existed for the electrical panels or any systems
2. the panels as discussed were considered unsafe
It has just come to light that one of our electricians was approached by our customer to do the work ' on the side'; and he accepted.
He has been doing the work in the evenings and weekends, in secret. We had no idea he was doing any of this.
Last week, he phoned in sick. we thought it was genuine sickness, but he was working on site on the side...
Now, the job looks like its going to blow up(maybe literally) -
any ideas about our liability? any opinions appreciated!!
A couple of weeks ago, we were approached by a customer to do some electrical work. We turned down the work for two reasons-
1. no drawings existed for the electrical panels or any systems
2. the panels as discussed were considered unsafe
It has just come to light that one of our electricians was approached by our customer to do the work ' on the side'; and he accepted.
He has been doing the work in the evenings and weekends, in secret. We had no idea he was doing any of this.
Last week, he phoned in sick. we thought it was genuine sickness, but he was working on site on the side...
Now, the job looks like its going to blow up(maybe literally) -
any ideas about our liability? any opinions appreciated!!
Enquire to see if he was representing himself as your business, and in doing so mislead the client into believing that the work was undertaken as your name etc. using your tools etc.
Steve
greenie said:
Only my opinion someone will be along with factual answer I'm sure.
If you didn't supply a quote, they didn't send you an order, you didn't carry out the work and you didn't invoice for the work. I would say your liability is zero.
Did the bloke use your tools and materials for the job?
To further cover yourself I would start disciplinary action against the individual so you can make clear you had nothing to do with the work carried out. But I'm sure you are going to do that anyway.
If you didn't supply a quote, they didn't send you an order, you didn't carry out the work and you didn't invoice for the work. I would say your liability is zero.
Did the bloke use your tools and materials for the job?
To further cover yourself I would start disciplinary action against the individual so you can make clear you had nothing to do with the work carried out. But I'm sure you are going to do that anyway.
Agree with Greenie, start some investigation into the employees actions either by working privately while being off sick, or by checking contract of employment to see if he is allowed to undertake work on the side without informing you first.
If instance I required written permission from my employer so i can become a director of another company by not telling them was a asackable offence. do you have a similar term in the contract
stevieb said:
Jumpy Guy said:
I work for a small company doing factory electrical installation.
A couple of weeks ago, we were approached by a customer to do some electrical work. We turned down the work for two reasons-
1. no drawings existed for the electrical panels or any systems
2. the panels as discussed were considered unsafe
It has just come to light that one of our electricians was approached by our customer to do the work ' on the side'; and he accepted.
He has been doing the work in the evenings and weekends, in secret. We had no idea he was doing any of this.
Last week, he phoned in sick. we thought it was genuine sickness, but he was working on site on the side...
Now, the job looks like its going to blow up(maybe literally) -
any ideas about our liability? any opinions appreciated!!
A couple of weeks ago, we were approached by a customer to do some electrical work. We turned down the work for two reasons-
1. no drawings existed for the electrical panels or any systems
2. the panels as discussed were considered unsafe
It has just come to light that one of our electricians was approached by our customer to do the work ' on the side'; and he accepted.
He has been doing the work in the evenings and weekends, in secret. We had no idea he was doing any of this.
Last week, he phoned in sick. we thought it was genuine sickness, but he was working on site on the side...
Now, the job looks like its going to blow up(maybe literally) -
any ideas about our liability? any opinions appreciated!!
Enquire to see if he was representing himself as your business, and in doing so mislead the client into believing that the work was undertaken as your name etc. using your tools etc.
Steve
You need to find out what he said to them. If he misrepresented that he was working as your employee and it was your firm doing the job, then commence disciplinary proceedings IMMEDIATELY.
Make it very clear from the outset that he is on his own.
Jumpy Guy said:
after some more questioning-
He stated that he was doing the work on his own, not on the companys behalf.
he used our tools, car, materials.
Came into the company and used our workshop at the weekends.
I think its fairly obvious to everyone that he was clearly doing it on his own...
I havent spoken to the customer; he wont answer my calls.
He stated that he was doing the work on his own, not on the companys behalf.
he used our tools, car, materials.
Came into the company and used our workshop at the weekends.
I think its fairly obvious to everyone that he was clearly doing it on his own...
I havent spoken to the customer; he wont answer my calls.
I think this is gross miscounduct, to be honest. Does he have a written employment contract? More importantly, do you have a disciplinary procedure?
I would begin a formal clearly documented disciplinary process immediately.
The reason being - no matter what you do, or want to do with said employee, there may be some exposure to the fact that he was using your equipment - particularly if it's going to blow based on a problem caused by the machining (I don't know - only speculating).
I would cover butt where possible. Also by formally starting the process also shows that you totally and utter disagree with his actions and not do not support them in any way whatsoever. This may then cover you for claims that you 'simply turned a blind eye'.
K
The reason being - no matter what you do, or want to do with said employee, there may be some exposure to the fact that he was using your equipment - particularly if it's going to blow based on a problem caused by the machining (I don't know - only speculating).
I would cover butt where possible. Also by formally starting the process also shows that you totally and utter disagree with his actions and not do not support them in any way whatsoever. This may then cover you for claims that you 'simply turned a blind eye'.
K
Kinky said:
I would begin a formal clearly documented disciplinary process immediately.
The reason being - no matter what you do, or want to do with said employee, there may be some exposure to the fact that he was using your equipment - particularly if it's going to blow based on a problem caused by the machining (I don't know - only speculating).
I would cover butt where possible. Also by formally starting the process also shows that you totally and utter disagree with his actions and not do not support them in any way whatsoever. This may then cover you for claims that you 'simply turned a blind eye'.
K
The reason being - no matter what you do, or want to do with said employee, there may be some exposure to the fact that he was using your equipment - particularly if it's going to blow based on a problem caused by the machining (I don't know - only speculating).
I would cover butt where possible. Also by formally starting the process also shows that you totally and utter disagree with his actions and not do not support them in any way whatsoever. This may then cover you for claims that you 'simply turned a blind eye'.
K
Agree 100%. Start formal disciplinary proceedings immediately.
Start whatever disciplinary proceedings you can based on your employement contract (you do have one with the employee?)
Having established that he was working for himself (albeit using your gear) I would suggest you keep out of it. Your only involvement is that he called in sick whilst working for you and that he had another job whilst working for you (IF that is in breach of his contract). Otherwise consider that he was "on a frolic of his own" and leave him to it. I wouldn't make any contact with his customer at all - regard it as not your problem until any claim comes through your door.
Document thoroughly anything you and everyone else says and does at the moment, in case your employee changes his mind about things later in the day when the claim hits him!
Having established that he was working for himself (albeit using your gear) I would suggest you keep out of it. Your only involvement is that he called in sick whilst working for you and that he had another job whilst working for you (IF that is in breach of his contract). Otherwise consider that he was "on a frolic of his own" and leave him to it. I wouldn't make any contact with his customer at all - regard it as not your problem until any claim comes through your door.
Document thoroughly anything you and everyone else says and does at the moment, in case your employee changes his mind about things later in the day when the claim hits him!
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