Help with bogus claim against a company.

[charitynjw]

Re: Help with bogus claim against a company.

& no - I'm not & have never been an employer!

[bluebottle]

Re: Help with bogus claim against a company.

Have to ask if the OP is sure this is just an attempt to gain from a false allegation why are the so unsure of defending it?Minor touching could mean lots of things depends I suppose what was touched

You have a very good point there, Wales. As well as having been a policeman, I have also been an employer, as a trustee of a charity that employed people, and been in a similar situation to the OP. The charity no longer exists as it was part of a larger charity and was merged with other schemes as part of a rationalisation programme in order to cut costs.

[CleverClogs]

Re: Help with bogus claim against a company.

depends I suppose what was touched

And whether either side was originally from Norfolk? :grin:

[charitynjw]

Re: Help with bogus claim against a company.

It might be of some assistance if we were privy to a bit more info - obviously not the nitty-gritty, but some indication as to the seriousness of the alleged offense.

[bluebottle]

Re: Help with bogus claim against a company.

Has the OP sought advice from a legal professional specialising in Employment Law or an "HR Consultant"?

[enquirer]

Re: Help with bogus claim against a company.

The solicitor is asking us to “settle” out of court [...] We are being threatened with court costs if we proceed to the Employment Tribunal.

This is the usual spiel.

We wanted to ask on this forum if it is possible to counter-sue for making a false allegation against the business with the aim of extracting money?

Once you have defeated their claim, Yes. If that would be a good idea, for reasons already explained, No.

The police investigation has come up with nothing.

Get the police to confirm this in writing.

The letter from her solicitor claims we tried to stop her going to the police but we didnt, we complied with the police and have email evidence to show it.

An allegation that you have attempted to pervert the course of justice. And in writing too. That was very unwise of them, given that you can show this to be a lie.

[Nem]

Re: Help with bogus claim against a company.

RE Protected Disclosure/Sexual Descrimination
The only details about the alleged sexual harassment are that a customer of the business touched the girls bum and waist. we consider this a serious offence and supported her reporting this to the police (have evidence of support) and in other ways internally at work. howevere since we were not 100% sure if the allegation was genuine we decided to retract a previous reference that we made for her for a future job. we retracted with "pending a police investigation". her solicitor's letter is claiming this is protected discolosure and sexual discrimination as she is a woman, that she is being penalised for reporting the incident to the police. as mentioned above this claim is completely un true as we have evidence to show our support for the complaint and dealing with the police but can the solicitor really use the retracted reference letter as proof of her suffering detriment at work?
btw if we succesfuly defend our case who pays our costs?
thanks

[charitynjw]

Re: Help with bogus claim against a company.

Generally, each side bears their own costs.

There are some exceptions; see http://www.legislation.gov.uk/uksi/2...agraph/76/made

[enquirer]

Re: Help with bogus claim against a company.

... if we succesfuly defend our case who pays our costs?

As per the answer by charitynjw.

This is what these vermin rely on - that the victim of the scam will decide that it's cheaper to pay out on a bogus claim than it is to defend it successfully.

You must see this through to the bitter end.

[wales01man]

Re: Help with bogus claim against a company.

Enquirer? As we have not heard the other sides version on any other evidence how on earth can you decide its a scam if the OP is sure they are in the right they must defend the claim

[Nem]

Re: Help with bogus claim against a company.

this is as much about justice as it is about cost..if not more. it seems unbelievable that someone can allege something against a customer, blame the company, despite our efforts to do the right thing and still we could end up with the bill...

[wales01man]

Re: Help with bogus claim against a company.

Nem I wont take sides but this is what happens you have 2 options Settle out of court or defend whether this is a scam none of us know problem as always is 2 sides to an argument but only one winner, Good luck whatever you decide hopefully truth will out.

[Nem]

Re: Help with bogus claim against a company.

we do intend to defend the claim

[mariefab]

Re: Help with bogus claim against a company.

This is how you gave her a claim....."howevere since we were not 100% sure if the allegation was genuine we decided to retract a previous reference that we made for her for a future job. we retracted with "pending a police investigation"

[charitynjw]

Re: Help with bogus claim against a company.

Enquirer? As we have not heard the other sides version on any other evidence how on earth can you decide its a scam if the OP is sure they are in the right they must defend the claim

It is usually the case on these fora that we only hear one side of the story.
We can but rely on the poster's candid input! (& maybe make an adjustment for natural bias)!