Trouble from former employer

[dori2o]

Hi,

I'm a plumbing and heating engineer and I left an employer a couple of months ago under strained terms. I gave the full 2 weeks notice and did everything I was asked to do. Didn't cause a fuss, just went about my job as normal.

The employer was quite annoyed that I decided to leave as it left him with a problem of not having enough qualified men to do the job.

I did my last job, checked it as normal and signed it off. Said my goodbyes and left.

Halfway through the next week the former employer contacts me and advised that there had been a problem at the last job I did. A small leak, undetectable when I eft the job, and possibly arose over the weekend at the property was empty due to the owners being on holiday.

It did no structural damage, but it left a water mark on the Artex ceiling, which now has to be re done.

The employer has said that as I am now self employed, I have to claim for this damage through my Liability insurance, however, my insurance was not in place when I did this work, or when the leak was noticed.

He has said he will force this until I give him my insurance details.

I have corresponded with him politely via letter, and explained my position, which as I understand it, means that as I was an employee of him when I did the work, I should be covered for the damage caused under his insurance.

The employer has now started ringing me and putting the phone down after 1 ring. I know it's him because his number comes up on the caller display.

What do I do, and where do I stand? I'm just setting out on my own and do not need this extra hassle.

Any advice would be very much appreciated.

[TWD-Tony]

I'm no legal eagle (unlike some on these Forums who will give you better advice) but as far as I can see it - it is quite clear.

Your previous employer was contracted to do the work so THEY are liable for any damage done, if you were not sub-contracted to do the work then THEY will have to claim off THEIR insurance

[bwglaw]

Provided that you were an employee of the company at the time of carrying out the work then the employer is vicariously liable for the negligent act of his employees.

Your present circumstances is irrelevant i.e. self-employed, but what is relevant is the facts and circumstances at the time in carrying out the work.

If you can gather evidence of your previous employer making inappropriate contact then you can build up a case for harassment, possibly both civil and criminal

If the employer persists then it may be best to get a lawyer to write to him and nip it in the bud. I would be happy to write this letter for a small fee. You can contact me at the email address below if you need further advice


Jonathan

[Dr Lunnon]

Hi, well lets get to it if you were employed by the company and paid a wage then this realy isn't you problem. get a letter sent advicing him of your view, to stop the hang up calls given it's an offence, get hold of your phone company a call and get his number bared.

kate