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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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As per above question, Uk, I do not know. I think that my

Customer Question

As per above question
JA: Are you in the UK or are you in the States?
Customer: Uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: I do not know. I think that my employer report me to the police on Monday but nothing was done to me so fa
JA: Anything else you want the lawyer to know before I connect you?
Customer: How long takes from reporting to contact me from police?
Submitted: 2 months ago.
Category: UK Law
Customer: replied 2 months ago.
I working part time as property manager in estate agent but few months ago I opened with my colleague my own letting business and we were renting the flat what previously been rented via my employer agency. We also informed few landlords and some of them decided to start to work with us not with my employer so the left his business.
When my employer found this out he has suspended me for because I opened my own business without his authorisation.
He also report me and my colleague for company fraud by letting his property out privately and doing sone maintenance job privately as well.
I have not been contacted by police yet. I assumed that he reported us on Monday.Please advise if we can be arrested for that and what we can get
Expert:  Jo C. replied 2 months ago.
What do you think he will report you for?
Customer: replied 2 months ago.
I think that he reported me that I done company fraud as this is what he is telling to my client if someone rings for me. I know that he was given some big file to police on Monday
Customer: replied 2 months ago.
Can someone get back to me?
Customer: replied 2 months ago.
Have not received an answer yet. You took the money but have not provided full service
Expert:  Jo C. replied 2 months ago.

Are you asking for a refund or do you want to carry on?

Customer: replied 2 months ago.
I want to get a reply. For my question. Unless you are not able so please issue me with full refund then
Expert:  Jo C. replied 2 months ago.

OK. So what is the fraud?

What specific acts do you think he will report you for?

Customer: replied 2 months ago.
As per my first message to you..see belowI working part time as property manager in estate agent but few months ago I opened with my colleague my own letting business and we were renting the flat what previously been rented via my employer agency. We also informed few landlords and some of them decided to start to work with us not with my employer so the left his business.
When my employer found this out he has suspended me for because I opened my own business without his authorisation.
He also report me and my colleague for company fraud by letting his property out privately and doing sone maintenance job privately as well.
I have not been contacted by police yet. I assumed that he reported us on Monday.Please advise if we can be arrested for that and what we can get
Expert:  Jo C. replied 2 months ago.

Sorry but what is the fraud?

Have you kept the money from the private rent?

Customer: replied 2 months ago.
When we have rented out the flats we paid the deposits to dps but we have deducted the let fee from 1st rent and the rest mobey was paid to landlord.I'm not sure if that is the fraud...
This is what me employer is telling everyone.We have also organised the job to landlord such a painting. We provided the service to landlord, paid the builder but landlord paid the cost to our account not to employer account. The profit we keptLet me know if you need more info
Customer: replied 2 months ago.
I was told that me employer has checked all mine and my colleague emails and computers to.I was suspendent from the work at the moment. Is that means that I should not anywhere else?? Just to remind you that I was working 3 days a week since May 2014. Previously I was working full time and had a contract for full time. When I started to work part time I was never been given the new contract even if my employment has change from full to part time
Expert:  Jo C. replied 2 months ago.

What money have you not passed onto him?

What is the benefit you have gained or loss you have caused him?

Customer: replied 2 months ago.
He was saying that 30k but I was not as much...roughly it was 15kWhat about my employment situation??
Customer: replied 2 months ago.
Some of the clients what we have dealt with have not been related to his business before
Expert:  Jo C. replied 2 months ago.

I can help with the criminal situation which is what you asked about originally but I won't know anything about employment. We do have an employment specialist but he won't know anything about crime.

How have you come to cause £15k worth of loss to this person?

Customer: replied 2 months ago.
Basically he is saying that because we have done a lets with the profit of 15k and we kept this money and not passed into his company account.We have done all job ourselves including let and all paperwork.
I think that he will try to proof that he did not get this income what in his opinion should be his profit not our. Hope that this makes sense
Expert:  Jo C. replied 2 months ago.

Ok. Is that true?

Customer: replied 2 months ago.
We have done this private lets and I would like to find out what consequance we should expect for that
Expert:  Jo C. replied 2 months ago.

But have you made £15k in profit yourself?

Customer: replied 2 months ago.
with my colleague as profit
Expert:  Jo C. replied 2 months ago.

Ok. So basically this is either theft or fraud from your employer to the value of £15k - £30k.

That is a very serious I'm afraid. I would be making a no comment interview in police interview. Let's just see if they can prove it.

If they can then this is a a serious breach of trust, a high amount and a prolonged period of offending.

Expert:  Jo C. replied 2 months ago.

Applying the theft guidelines as this will most likely turn into a theft, this is a high to medium culpability case and a category two offence.

That would mean the starting point is 1 year custody and the range is 26 weeks to two years. You might well get the court to suspend it.

Expert:  Jo C. replied 2 months ago.

I'm very sorry but that is the reality.

Customer: replied 2 months ago.
Ok but first he will have to proof it and after the court hearing we can be sent to prison....
Can I be arrested now???
Customer: replied 2 months ago.
If police call me for interview what it will be best for me to say?? Someone said that I should not give any comments until will have a chance to discuss this with my solicitor...is that correct??
Expert:  Jo C. replied 2 months ago.

I would be making a no comment interview in police interview. Let's just see if they can prove it.

Customer: replied 2 months ago.
ThanksCan police come to my home and arrest me like that or first will be an interview then court and then a final decision??I would like to know what I should prepare myself for...
Expert:  Jo C. replied 2 months ago.

They can do that but I would expect them to invite you in for an interview.

It is far less labour intensive for them.

Customer: replied 2 months ago.
Bit usually after this interview I will be able to go back home and they will keep me there for some time??
Customer: replied 2 months ago.
I meant "or" not "and they will keep me there for some time
Expert:  Jo C. replied 2 months ago.

Yes, they won't remand you in custody over this.

Customer: replied 2 months ago.
Thank you.Do you know how long all this process is usually takes from reporting by my employer to final step in court??
Expert:  Jo C. replied 2 months ago.

Probably about 6 weeks to two months. It could be longer. It depends how long the police take to act.

Customer: replied 2 months ago.
Ok. If the employer reported us on Monday 12th September when we should expect some contact? from police
Expert:  Jo C. replied 2 months ago.

They are not under time pressure so it could be ages. I would hope within two months.

Customer: replied 2 months ago.
Thank you very much for your advise
Expert:  Jo C. replied 2 months ago.

No problem. All the best.

Please remember to rate my answer.

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