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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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I recieved a letter from a solicitor acting on behalf of someone

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I recieved a letter from a solicitor acting on behalf of someone who wishes to make a claim against me with a request to furnish them with a list of documents

His allagetion is that he was employed by me as a handyman to carry out a conversionfrom a shop to a flat and that he was given a defective tool (a skilsaw) to cut plasterboard (noboy in their right would cut plasterboard with a skilsaw) and suffered injuries to his leg as a result( another sign of misuse, how does his leg get to the skilsaw). He was treated in Hospital (Late, and did not follow up treatment, like removel of stiches, he did it himself and was proud of it)

The truth is He was never employed by me. He has obtained permission to occupy the premises through rather unsatisfactory means, He exploited his past friendship and used tactics that appeared to be more of a intimidatory and harassing nature. He claimed that he and his family was in a dire situation, homeless and has suffered from alcohol abuse, for which he is trying to get out of and that he wants to build up a new future for himself and his family, once again.

After many repeated visits by him and his wife, he was allowed to occupy the premises, which was empty and bare and was allowed to carry out refurbishment and improvement, to suit him and that he would be reimbursed for any expenses.

Unfortunately, he has not recovered from his alcohol abuse and has at times continued to behave in an irresponsible and unsatisfactory manner to the extent that he may have abused his tools by cutting plasterboard with a skilsaw, or his failure to obtain prompt treatment and indeed his refusal to turn up to Hospital appointments for follow up treatment, are some examples of his irresponsible or even reckless behaviour.

Consequently he was sent away and although he was offered a Hotel and further help He eventualy stoped contcact and six month later came this letter.

I want to respond to the letter in the same order the allagations were made and seek your advice if this is the best course of action


Your Clients action has caught us by surprise and has caused considerable stress.Your assertion that your client was employed as a handyman, is denied. Your assertion that I provided for use by your client a defective skilsaw, is denied. Your assertion that he was in the process of converting a shop into a studio flat, is denied. Your assertion that he was cutting plasterboard with a skilsaw, is denied. Your assertion that the skilsaw was defective, is denied. Your assertion that i was aware the saw was defective, is denied.
Your assertion that I told your client to continue with the job despite this, is denied.
Your assertion that I have been in breach of statutory duty and/or negligence, is denied.
Your assertion that I set up a trap for your client ,is denied. Your assertion that I exposed your client to a foreseeable risk of injury, is denied. Your assertion that I failed to maintain a safe place, is denied. Your assertion that your client suffered injuries to his leg as a consequence of the alleged works, is denied. Your assertion that your client was properly treated in Hospital, is denied. Your assertion that your client was absent from work and has sustained loss of earnings, is denied.

Your client has obtained permission to occupy the premises through rather unsatisfactory means, He exploited his past friendship and used tactics that appeared to be more of a intimidatory and harassing nature. He claimed that he and his family was in a dire situation, homeless and has suffered from alcohol abuse, for which he is trying to get out of and that he wants to build up a new future for himself and his family, once again.

After many repeated visits by him and his wife, he was allowed to occupy the premises, which was empty and bare and was allowed to carry out refurbishment and improvement, to suit him and that he would be reimbursed for any expenses.

Unfortunately, he has not recovered from his alcohol abuse and has at times continued to behave in an irresponsible and unsatisfactory manner to the extent that he may have abused his tools by cutting plasterboard with a skilsaw, or his failure to obtain prompt treatment and indeed his refusal to turn up to Hospital appointments for follow up treatment, are some examples of his irresponsible or even reckless behaviour.
Your Clients action has caught us by surprise and has caused considerable stress.

I reject this claim. He did work in the premises for himself with his tools as he pleased. In the alternative he was acting as a contractor with the appropriate sole responsibility and not as an employee. His negligent behaviour and abuse of equipment, remain his sole responsibility.

Please find enclosed the completed questionnaire, as requested.


This is my proposed answer can you advise me if this is the best course of action
Hello,

Your response is good, I agree you should send it to the solicitor.

They would need to prove their claims and that you were responsible for the injury. You may also inform the Solicitors that you may be forced to appoint your own solicitors if they continue to correspond with you about this matter.

Hope this helps-please leave feedback
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