I own a small business & hired someone to help support my disability by looking after finances, proof reading, admin tasks etc & was also provided to my clients to do similar tasks
After a few months in the job it became clear this person was falsely submitting time sheets, not supporting my disability, in fact making things far worse. Contravening their contract in many ways (confidentiality breaches etc), as well as over 20 examples of poor performance related to time keeping, poor attention to detail, repeated errors, bad attitude, not meeting deadlines, not doing training, not turning up for work etc
After many many verbal conversations, then verbal warnings then written correspondence about the issues and the need for improvement the person did not improve, in fact showed many further examples that compounded the situation.
I consulted ACAS & followed their process for formal performance review to the 'T'. I extended their probation period & gave them clear guidelines for improvement, benchmarks & a deadline to improve by.
They failed to improve & failed to deliver any of the things agreed in the performance review. I gave them a weeks notice even though we believed them to be falsely submitting time sheets (an investigation was pending) which is not only gross misconduct but contravenes a number of criminal acts.
Following an investigation this person was found to have committed numerous criminal and civil acts related to data, theft, fraud, false accounting etc
I instructed the Police & action fraud who have been investigating. 4 months after commencing the criminal case this person submitted multiple falsified discrimination claims against myself & my business to an Employment Tribunal and stated that they would cease the ET claims if I dropped the criminal & any civil proceedings.
This whole process has cost me in excess of £100k in lost revenue, £10k+ in legal costs so far (likely another £20k to come). I do not believe it is morally right to give in to blackmail & allow someone to get away with criminality & bringing a false claim against me in order to blackmail me and force my hand, so I will continue despite the cost.
The claimant has no evidence of this because I honestly have never discriminated against anyone. However if someone has good enough legal reps you never know what can happen
My questions are:
1. Have any other business owners experienced something like this? and how did it go?
2. Has anyone had experience of obtaining a PH? & how? what evidence / argument was required in order to do this?
3. Has anyone had experience of obtaining deposit orders? any details around this?
4. Has anyone had experience of submitting a successful counter claim?
5. Has anyone had experience of someone falsely claiming such things? 7 if successful what was the remedy once the claimants untruths had been filed against?
Thanks & any PMs greatly received
After a few months in the job it became clear this person was falsely submitting time sheets, not supporting my disability, in fact making things far worse. Contravening their contract in many ways (confidentiality breaches etc), as well as over 20 examples of poor performance related to time keeping, poor attention to detail, repeated errors, bad attitude, not meeting deadlines, not doing training, not turning up for work etc
After many many verbal conversations, then verbal warnings then written correspondence about the issues and the need for improvement the person did not improve, in fact showed many further examples that compounded the situation.
I consulted ACAS & followed their process for formal performance review to the 'T'. I extended their probation period & gave them clear guidelines for improvement, benchmarks & a deadline to improve by.
They failed to improve & failed to deliver any of the things agreed in the performance review. I gave them a weeks notice even though we believed them to be falsely submitting time sheets (an investigation was pending) which is not only gross misconduct but contravenes a number of criminal acts.
Following an investigation this person was found to have committed numerous criminal and civil acts related to data, theft, fraud, false accounting etc
I instructed the Police & action fraud who have been investigating. 4 months after commencing the criminal case this person submitted multiple falsified discrimination claims against myself & my business to an Employment Tribunal and stated that they would cease the ET claims if I dropped the criminal & any civil proceedings.
This whole process has cost me in excess of £100k in lost revenue, £10k+ in legal costs so far (likely another £20k to come). I do not believe it is morally right to give in to blackmail & allow someone to get away with criminality & bringing a false claim against me in order to blackmail me and force my hand, so I will continue despite the cost.
The claimant has no evidence of this because I honestly have never discriminated against anyone. However if someone has good enough legal reps you never know what can happen
My questions are:
1. Have any other business owners experienced something like this? and how did it go?
2. Has anyone had experience of obtaining a PH? & how? what evidence / argument was required in order to do this?
3. Has anyone had experience of obtaining deposit orders? any details around this?
4. Has anyone had experience of submitting a successful counter claim?
5. Has anyone had experience of someone falsely claiming such things? 7 if successful what was the remedy once the claimants untruths had been filed against?
Thanks & any PMs greatly received
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