Caught Stealing from Work, Letter from CRS

[wales01man]

Re: Caught Stealing from Work, Letter from CRS

Good luck if it went to court but remember a judge might decide in their favour,doubtful if any one can predict the outcome>although I have to agree that this company is trying it on maybe a compromise is to offer game the money you made to a charity of their choice??

[labman]

Re: Caught Stealing from Work, Letter from CRS

I'm new to this, so have not read all of the fairly substantial thread. Can someone tell me if they have provided a breakdown as to how they arrive at the figure claimed? I don't know the full circumstances, but suspect they would find it hard to explain such a high figure.

[beagleman]

Re: Caught Stealing from Work, Letter from CRS

I'm new to this, so have not read all of the fairly substantial thread. Can someone tell me if they have provided a breakdown as to how they arrive at the figure claimed? I don't know the full circumstances, but suspect they would find it hard to explain such a high figure.

There was the amount I sold the items for (not the loss to them, flawed claim already) and the rest? Security and admin costs etc apparently. I dont have a breakdown at all.

[labman]

Re: Caught Stealing from Work, Letter from CRS

There was the amount I sold the items for (not the loss to them, flawed claim already) and the rest? Security and admin costs etc apparently. I dont have a breakdown at all.

This is the bit I think would be critical to them in any court claim.

Would the security have been there anyway? If so, did they actually suffer any loss?

What exactly is the breakdown for the admin costs? What admin was involved over and above what they would normally have paid for? How much was the person paid for doing this extra admin?

It is these sorts of arguments that normally lead to Civil Recovery claims failing, as they are easily proven to be profiteering from the situation, and they are not permitted to make a financial gain from it.

[des8]

Re: Caught Stealing from Work, Letter from CRS

As a simpleton I don't understand what the employer hopes to gain.
The original CRS letter states there is a breach of employment contract. Beagleman admits this. Clause 7.1 is clear that goods given to staff may not be sold.
The remedy for breach of contract is, among others, damages which aim to put the injured party in the position they would have been in if the breach had not taken place.
In this instance the breach (selling of given goods) has not cost the injured party any loss so what damages can they expect?
I concur with Beagleman and would risk court.

[Guest]

Re: Caught Stealing from Work, Letter from CRS

Yrs I agree with the above it is a breach of the terms of employment sure, sanction would be limited to an employment disciplinary, not a civil suit.

They are barking up the wrong tree.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

CRS are claiming the OP took goods without authority or payment. Er, excuse me, but the OP's manager authorised him to help himself to promotional materials that were due to be ditched and the goods cannot be resold by Game as most promotional merchandise, unless authorised to be resold by the copyright owner, cannot be resold. Game have suffered no loss whatsoever and any alleged consequential losses were due entirely to the disproportionate actions of themselves and their Loss Prevention bod.

I agree with Andy that it is an employment matter, not a civil claim. Also, remember what that Law Commissioner told RLP about "misleading and aggressive practices".

If this goes before a court, I would be very surprised if a judge didn't strike it out.

[CleverClogs]

Re: Caught Stealing from Work, Letter from CRS

I am no expert but to me section 7.1 says it all?

certe, stercus bovi est.

Have they never heard of "restraint on trade"?

I very much doubt if that condition could stand up in court!

[beagleman]

Re: Caught Stealing from Work, Letter from CRS

Is this a case where I could represent myself easily enough at court?

Has anyone got any ideas on a reply?

Lastly, they have not included any documents, only a snippet of what I already knew was in my contract, the letter lead me to believe they had, or am I missing something?

[labman]

Re: Caught Stealing from Work, Letter from CRS

Is this a case where I could represent myself easily enough at court?

That's impossible for us to answer. It depends how much you know and how confident you are.

[CleverClogs]

Re: Caught Stealing from Work, Letter from CRS

Is this a case where I could represent myself easily enough at court?

Like the way the CEO of Game will represent himself? :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig:

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

Is this a case where I could represent myself easily enough at court?

Has anyone got any ideas on a reply?

Lastly, they have not included any documents, only a snippet of what I already knew was in my contract, the letter lead me to believe they had, or am I missing something?

Remind CRS that CPR Pre-Action Protocol requires them to make available all evidence they are relying on, including documentary evidence. If they keep referring to alleged matters, but not producing any evidence to corroborate it, they need reminding that if they and Game attempt to pursue any court proceedings, non-compliance may result in an adverse decision against them and Game.

[beagleman]

Re: Caught Stealing from Work, Letter from CRS

Just need some advice on how to respond guys? Any help apappreciated

In other news, I have a job interview next week

[beagleman]

Re: Caught Stealing from Work, Letter from CRS

Remind CRS that CPR Pre-Action Protocol requires them to make available all evidence they are relying on, including documentary evidence. If they keep referring to alleged matters, but not producing any evidence to corroborate it, they need reminding that if they and Game attempt to pursue any court proceedings, non-compliance may result in an adverse decision against them and Game.

they said in the reply that they are not a solicitor and as such didn't have to? That was what I grasped anyway.

[bluebottle]

Re: Caught Stealing from Work, Letter from CRS

they said in the reply that they are not a solicitor and as such didn't have to? That was what I grasped anyway.

I beg to differ. They are acting under the instructions and on behalf of Game, are making allegations and are demanding money. The fact they are not solicitors is irrelevant. They are obliged to provide evidence. Also, it could be argued they are conducting litigation which is a reserved activity under the Legal Services Act 2007. Press them to disclose if they have any legal professionals on their staff and the names of those persons. Check their names against those held by the relevant regulatory bodies - SRA, BSB, IoP, CILEX - and if they are not registered as required under the aforementioned Act, report the matter. Any legal professional involved in dealing with litigation is required, by law, to be registered with a regulatory body.

I am also wondering if you may have a case against CRS and Game under the Protection from Harassment Act 1997.

Referring to another thread for a moment, a Law Commissioner has told RLP that a CR operator will not, normally, be liable to criminal or civil action, so long as they do not engage in misleading or aggressive practices. My gut-feeling is that CRS are engaging in misleading and aggressive practices and may be liable to action under legislation designed to deal with businesses who engage in misleading and aggressive practices.