When is an employer responsible for employees actions?

[rjbell]

Back about 18 months ago and acquaintance knowing I was looking to have velux fitted offered to supply and fit some. He arrived to collect the cash in a works uniform and logo’ed van. He then dropped them off a week or so after again in uniform and van. I asked him to get another window and paid him but he never dropped the window off and has never given my money back or ever come to fit the others. They’re just gathering dust in my garage and could well be damaged or faulty for all I know. 2 out of the 3 flashing kits are the wrong ones. Complete disaster the whole ordeal.



My question is when does an employer take responsibility of their employees? Should I go to them seeking my money back or is it nothing to do with them?

 

[IanD]

IMHO, if you are still in contact with him, i'd give him one last chance to do everything asked of him. As far as i'm aware, it's illegal to do work or even socialise in your company uniform, outside of the employer's instructed work times.

I worked for British Midland years ago up at Heathrow Airport, and it was written into the contract, and we were told in no uncertain terms that, for instance, if we popped in the pub for a swift half after work in our uniform, we'd be sacked.

Might be worth threatening him with something like that, especially if he still works for the company and could lose his job

 

[Cartus]

I think the uniform and van are only possibly relevant if your acquaintance works for a window fitting company (or an allied trade).

There is no universal standard for what is or isn’t permissible whilst wearing a uniform and driving a sign written van.

Your contract is with him and 18 months seems a long time for you to leave it before persuing the matter.

 

[tijuana taxi]

In my experience company vans were not insured for anything other than business journeys and commute to and from home
Only started including the commute bit to save on garaging costs.
Company I worked for made it a gross misconduct charge to use the van for private business
Might work as leverage, but there again unless its a tracked van your word against his

 

[welshwizard645]

Might be worth checking with the van owners to see what their Code of Conduct says. If I did something extremely stupid/dangerous/criminal in my own time but employed by any company then they would take disciplinary action for dragging the company name into the mud.. I guess a lot of company's do the same......

 

[rjbell]

I think the uniform and van are only possibly relevant if your acquaintance works for a window fitting company (or an allied trade).

There is no universal standard for what is or isn’t permissible whilst wearing a uniform and driving a sign written van.

Your contract is with him and 18 months seems a long time for you to leave it before persuing the matter.

The company is a roofing company that fits velux windows. Going through the correspondence he did not confirm either way whether this was a personal job.

I've been in contact with him the whole time but only now decided to look into a legal route. From what i've read you have 6 years to do so.

 

[cambsno]

Sounds like it was a personal job. You asked him as a friend, there was no written quote or contract I assume? Employers would take a dim view to working on company time, using company tools & products etc... but your contract is with him

 

[MartynK]

I agree. Based on what you've told us, this was a personal and verbal agreement between you. The fact that he delivered the goods in a company van and accepted payment from you doesn't put his employer into the frame.

Did your 'acquaintance' ever say that he was acting on his employer's behalf, ask you to sign a delivery note for the goods, or give you a receipt for the payment?

It might be worth getting in touch with his employer and asking them if they know anything about this. Other than that, get in touch with a solicitor if there's a fair sum of money involved and you want to look at recovery. Many of them offer a first consultation free of charge, or at a reduced rate. I think there may be a problem with lack of evidence but a lawyer's letter threatening action might be enough to get you a refund.