tribunal ruling wrong

[NewUserHere]

Ok
I'm an employer in construction/engineering. We repaired a machine for a customer and the member of staff (final year trainee engineer who only started 6 months before) damaged it causing £350+vat worth of damage. He left the company with no notice causing losses as I was a member of staff in the unit down so if work was brought in we had less staff so they could go elsewhere if I couldn't fit it in. I want £2500+vat in losses of labour income and the £350 +vat for the damage. This is based on the fact I want 50% staff effeciency at £x/hr and therefore wasn't able to sell labour.

I took the money out of the employees wage and holiday and initial pay held, he still owed me £1350+vat which I was willing to write off.

He took me to court (employment tribunal), judge found in his favor as no contract allowed for such deductions. I wrote up a contract for the court with a copy of the welcome letter he received, but my welcome letter was different to his in a couple of respects so the judge found the contract was not what was given to the employee at start of employment.

So my question is:

• can I appeal and take witnesses with me this time? witness statements was disregarded. One was from the regional manager and said in the statement she was there at induction and saw the employee receive the contract.
• can I instead (as I was the respondent in the tribunal) sue the employee for my losses and the damage caused in the civil court? As they can consider damages whereas employment tribunal can only consider employment law? And will the ruling in the employment tribunal where I was the defendant affect my claim in a County court? As I can take the witnesses with me this time

[mariefab]

Re: tribunal ruling wrong

No to both.
1. You can't go back to the Tribunal with witnesses who were available but you chose not to take to the original hearing. Tribunals tend to call this wanting 'a second bite of the cherry'. It's not allowed because cases could potentially be dragged out for years.
2. One Court (the Employment Tribunal) has already decided that you weren't entitled to recover these losses. You can't have a second bite of the cherry by simply taking it to a different Court.

[Ripped-Off]

Re: tribunal ruling wrong

Totally agree.

It would have been possible to impose a fine or make a deduction for bad or negligent work, but the principles laid down to prevent unlawful deductions must be observed. In other words, unless there is a specific and reasonable contractual power within a contract of employment or the worker consents, deductions from wages are rendered unlawful by s13 of the Employment Rights Act (if it is still in force).

Also, employees cannot generally be held liable for ordinary negligence or carelessness in the performance of their duties. The redress open to an Employer is disciplinary action and/or dismissal. If our Employers were also able to sue us we'd all be skint, more so than we are now!