Advice needed QUICKLY

[HD]

This is probably the wrong forum to post this in but

 

On Monday had a meeting with my ex-employer and mutually agreed to end employment at the end of August. There was never a written contract of employment. I have an email from my employer confirming this.

 

On Wednesday we had a disagreement on the phone and he said that I was to bring the company car back to the office the next day. I told him that I wouldn't as it was my mothers funeral.

 

On Friday night he took the van from outside my house with my property inside it. He didn't even have the decency to knock on the front door to give me the oportunity to remove my belongings.

 

When my little girl came in and told me that someone had taken the van I got in my car and followed. The van was being driven by my bosses girlfriend and he was following in his car.

 

I overtook both of them and breaked in front of the van. The boss carried on in the car and pulled over a 1/4 mile ahead. I asked his girlfriend to phone him to get him to come back so that I could retrieve my property. She said that she didn't have a phone. He did not come back and she drove up the grass verge to get past my car. I got in the car and pulled her over. The boss came back and I said that I wanted my property out of the van he said he would phone the police. I said please do as I wanted my property back. He, I am sure, pretended to phone the police.

 

His girlfriend opened the van window and I tried to get the keys out of the ignition to prevent her from driving off. He got me in a headlock and she grabbed my hand and bit it.

 

He told his girfriend to drive off and I stood in frnot of the van to stop her. She drove into me and I had to grab the windscreen wipers and lie on the bonnet to prevent going under the van. She accelerated and then breaked sharply. I lost my grip on the windscreen wipers and had to grab the bonnet lip to prevent me from being thrown into the road. She then accelerated again and was weaving from side to side and breaking to try to throw me off.

 

My knee was swollen and bruised from being hit by the van and I have got extensive bruising on my arms from holding on to a swerving van, I could quite easily have been killed.

 

Luckily someone living on the road came out and stopped the van. He was absolutely great and made me a cup of coffee whilst I waited for my wife to bring the spare car keys.

 

When I got home I went straight to the police station. It was unmanned and I phoned them from the freephone outside. The operator said to wait there and an officer would be with me shortly. After half an hour I phoned again the operator said to go home and someone would be around later. I did not hear from the police till the next day when a phonecall told me that If I wished to make a statement it was likely that I would also be arrested for "driving causing a danger to others" When I breaked in front of the van. I said I would think about what I wanted to do.

 

I phoned a solicitor for advice and was told that they would not give any advice unless I had been arrested for an offence:(

[HD]

The above post outlines the story There are a couple of questions that I need the answers to.

 

Several people have told me that as the van was a benefit of the job and I have it in writing that my employment would continue until the end of August that my boss was stealing the van from outside my house. I certainly believe that he was stealing the contents. Anyone tell me if this would be true and point me to the rellevent statutes / precedents

 

If I make a statement what offences am I likely to be charged with and what would be the consequences?

 

What offences are my ex-boss and his girlfriend likely to be charged with and what would be the likely consequences for them?

[sharmal]

You can get 1/2 consultation with some solicitors and they do not charge you. Also you should be able to get advice from the Citizens Advice people. I would have thought though I am not a expert at all, that you could do your boss for theft, and actual bodily harm by him and his girlfriend, as for no contract of employment I believe all employers are supposed to issue one. Is he breaking the law? Has he declared to the tax man that you were working for him

[caro]

What a nightmare HD and now of all times.

 

I suggest you look in yellow pages and find a solicitor who will do a first consultation free of charge. They are around even if the one you spoke to wouldn't/couldn't help.

 

As a layman, and assuming that you don't get into a habit of getting involved in this kind of thing, I think that given the fact that your mother has just died the police might just caution you.

 

I would strongly urge you to go to the police or it could look like you feel you have something to hide, if your ex-boss and girlfriend report you first. The fact that you haven't heard anything suggests they may not have reported the incident, although not necessarily. I wonder if the person who helped you might be willing to be a witness for you. I cannot help you on the legalities, and I daresay the g/f will claim she felt intimidated, but I really feel that you should report this attempted theft of your property and harm/assault that you have suffered.

[blacksheep1979]

As his girlfriend drove into you (an accident) has she reported it? If not she has left the scene of an accident and failed to report it............

 

However if you are not very careful they would come up with a nice little story about her being scared and you chasing her which would probably help her case and you could be up for "driving causing a danger to others" and even common assualt by reaching into the car/chasing her.

 

TBH best bet is just to try retrieve your property either by phone call/email and failing that police.

[ecobabe]

if you didn't know his girlfriend then you could justifiably assume that the van with your possessions was being stolen. How long did you work for your employer for? and you would have had a contract it may not have been in writing but you would have had a contract

[HD]

if you didn't know his girlfriend then you could justifiably assume that the van with your possessions was being stolen. How long did you work for your employer for? and you would have had a contract it may not have been in writing but you would have had a contract

23 months

[PKea]

IF you work for someone over 12 months, then you are deemed to have a contract of employment based on the current work you do.

[andrew1]

It's called an implied contract.

 

I'd take photo's of any injuries you have asap too once the signs have gone so has the evidence.