am i entitled to remove goods myself??

marcmanu

Hi Guys, bit of a weird one, currently in dispute with ex employer who currently owes me 1 onths wages, 3 dys hoilday and im my view unfairly dissmissed.
this has gone through acas, was all goign well when he suddenly stopped contact with the conciliator.
it has now gone to a tribunal and am awaiting a date.
if all goes well and i am awarded what i am owed, and for example he decides to still not pay up, i then go to county court to get him put on the list for non payment, and can then ask for it to be refered to a third party (debt collectors)
what i want to know is, am i perfectly in my right and entitled to. after i complete all the above to go to his office myself and take his belongings to cover what i am owed? or would i be arreseted for theft??
dont really know who to ask on this one? police themselves maybe?
thanks
Marc

Uncertain

marcmanu wrote: »

Hi Guys, bit of a weird one, currently in dispute with ex employer who currently owes me 1 onths wages, 3 dys hoilday and im my view unfairly dissmissed.
this has gone through acas, was all goign well when he suddenly stopped contact with the conciliator.
it has now gone to a tribunal and am awaiting a date.
if all goes well and i am awarded what i am owed, and for example he decides to still not pay up, i then go to county court to get him put on the list for non payment, and can then ask for it to be refered to a third party (debt collectors)
what i want to know is, am i perfectly in my right and entitled to. after i complete all the above to go to his office myself and take his belongings to cover what i am owed? or would i be arreseted for theft??
dont really know who to ask on this one? police themselves maybe?
thanks
Marc

NO - sorry!

You would have to get a bailiff to do this.

Yes, you would be arrested for theft!

You might have a right to hold on to goods that were lawfully in your possession but I don't think that helps you here.

Apolonation

Hi no sorry you have to be licenced by the local authority. You would be able to hire a bailiff but not act as one yourself without licence.

marcmanu

thanks for that, just been reading about so many employers not paying up after it goes to tribunal, just wanted to see what my options were.
id best leave it to the "professionals" then.
heres to a long process then.....

Bettingmad

Although you could be arrested for theft it wouldn't follow that a charge of theft would be supported. If you believed you had a right in law to the property i.e because of monetary value owed to you your actions would not be considered dishonest and Theft is not made out. (Although I would't advise you to take this course of action) just pointing out the relevant law.

Lady007

Common tactic for Employers to go quiet hoping you will give up or forget. A very bad tactic whcih is frowned upon by ET judges and this will definately go against the employer on the day. If your claim is sucessful the judges will take this behaviour into consideration when awarding you.

woody01

Lady007 wrote: »

Common tactic for Employers to go quiet hoping you will give up or forget. A very bad tactic whcih is frowned upon by ET judges and this will definately go against the employer on the day. If your claim is sucessful the judges will take this behaviour into consideration when awarding you.

No they won't. You are suggesting the award will increase because of the 'silence' and that is definitely not the case.

IT/ET deal with facts surrounding the case and not opinions.

Lady007

woody01 wrote: »

No they won't. You are suggesting the award will increase because of the 'silence' and that is definitely not the case.

IT/ET deal with facts surrounding the case and not opinions.

No I am not suggesting that at all.

Yes they do deal with facts but they also consider opinions or beliefs as Employers do not have to prove anything - as they would have to in criminal law.

ETs do take into consideration the way the Employer handled the employee.
FYI - Yes - I do work in HR and have done for over 20 years!:p