Sue director of company for employing non accredited amateur to install boiler

[mypetdog]

I employed a building company to carry out some work which included the installation of a gas boiler. The company left after I refused to pay them the final deposit before the work was incomplete. I then discovered that they had unlawfully employed an amateur to install the boiler with a view to hiring an accredited engineer to sign off. I reported them to Gas Safe who in turn reported them to HSE who issued them with a one-off rebuke and a warning that they may be prosecuted if caught breaking the law again. I cannot see any point suing a company which would probably just ignore a CCJ or dissolve itself but can I sue the directors?

[des8]

Re: Sue director of company for employing non accredited amateur to install boiler

Hi and welcome

If this is a limited company, basically you can only sue the company. (suing directors is normally limited to showing they are personally responsible and relates to the running of the company... piercing thecorporate veil is rare!))

[mypetdog]

Re: Sue director of company for employing non accredited amateur to install boiler

Does the restriction to suing the company apply also to criminal offences? In this intance, the directors who have a duty under the Companies Act to behave honestly instead deceived me and committed a criminal offence by employing an amateur for a job which another piece of legislation demands is carried out by a Gas Safe engineer.

[wales01man]

Re: Sue director of company for employing non accredited amateur to install boiler

What would you be claiming for and how much would you want in monetary terms any criminal offence needs to be investigated by the Police or you could try a private prosecution

[des8]

Re: Sue director of company for employing non accredited amateur to install boiler

Gas Safe and HSE have effectively dealt with the criminal side.......... the police will not get involved.
IMO you are left with suing the company for any losses you have suffered.

[mypetdog]

Re: Sue director of company for employing non accredited amateur to install boiler

I found something online which says that a director can be held personally responsible for business decisions which are unlawful such as those which breach the Heath & Saftey at Work Act. Employing an amateur to fit a boiler is surely a breach of the Act?

[des8]

Re: Sue director of company for employing non accredited amateur to install boiler

Can you identify exactly which director (if any) was responsible for allowing this unqualified person to install the boiler?

If there is more than one director you will have to dentify which director was responsible. (your first post mentions "directors")
You will then have to show it was his decision to instruct this person to install the boiler, and not some manager down the line who allowed it to go ahead.

Quite frankly (if you have not lost money over this) i don't see the point of continuing to pursue the matter.
The criminality side has been dealt with by Gas Safe and HSE
If you have lost financially your course of action is to initiate a civil case against the company.
You seem concerned they may dissolve the company, but you can object to a company strike off to allow your case to continue.

[mypetdog]

Re: Sue director of company for employing non accredited amateur to install boiler

The directors were managing the project which included the boiler installation and knew they had hired a non skilled person. Companies House will only prevent a company from dissolving itself for a limited period. Even if I managed to secure a CCJ against the company, I would not be able to force them to pay. Their assets such as the house they live in are not in the company name.

[des8]

Re: Sue director of company for employing non accredited amateur to install boiler

But as builders presumably the company has a certain amount of equipment in a yard or on sites somewhere, which could be seized by enforcement agents?

[wales01man]

Re: Sue director of company for employing non accredited amateur to install boiler

In a previous post I asked what were you sueing them for in monetary terms you did not reply To sue anyone you would need to state an amount you were claiming and how that figure is calculated seems here you just want to sue the company but what for?

[mypetdog]

Re: Sue director of company for employing non accredited amateur to install boiler

It is my intention to sue for financial loss.