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Post Info TOPIC: Sue an Accountant
Zak


Member

Status: Offline
Posts: 12
Date: Mon Dec 19 12:01 2011
Sue an Accountant
 


Hi There

Someone I know was made redundant from a Charity he worked at because their accountant told them they did not have to pay VAT on business activities- because they are facing a huge VAT liability they made this guy redundant- despite over two years of working with them and being a good worker. 

 

This sems a little unfair on him as he has a mortgage and two small children. This may be more of a legal question than a accountant but does he have a case to sue either the charity or accountant?



__________________


Senior Member

Status: Offline
Posts: 427
Date: Mon Dec 19 12:39 2011
 

As he has been their more than a year then surely he would have a case of unfair dismissal if the correct procedures have not been followed.

Would however advise them to speak to a lawyer giving them all the facts of the case.

Regards

MarkS



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www.stewartaccountingservices.co.uk

Providing bookkeeping, accounting and taxation services to small and medium sized businesses.



Senior Member

Status: Offline
Posts: 121
Date: Tue Dec 20 10:10 2011
 

A redundancy can only happen if there is a reduction in workload to mean insufficient work for that person. If that is the case then the other events are irrelevant, as long as they have followed the letter of the law in terms of redundancy. It doesn't matter how long he's worked there or how good a worker he has been. A genuine redundancy doesn't take account of things like that as the work wouldn't be there for someone whether they'd been there a day, a month, a year or a decade and were a good, bad or indifferent worker.

Your friend needs to speak to an Employment Law solicitor and give all the facts for them to assess whether he has a claim against the charity. He definitely does not have a claim against the accountant as it is not the accountant that has made him redundant. However if the charity have not followed employment law then he could have a case for unfair dismissal and it's possible that the charity could then sue the accountant. (I have a client who sued her previous bookkeeper successfully for not advising when she should have become VAT registered)



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Bruton Young Bookkeeping - www.brutonyoung.co.uk

Zak


Member

Status: Offline
Posts: 12
Date: Fri Dec 23 15:26 2011
 

Thanks for this.

The redundancy happened in July- do you happen to know if there is atime limit for making a case for unfair dismissal??



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Forum Moderator & Expert

Status: Offline
Posts: 4055
Date: Fri Dec 23 15:48 2011
 

I believe that action needs to be started within six months but the actual case can continue for a lot longer.

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All responses are copyright and may not be repoduced or referenced in whole or part outside the forum. Answers given are for outline only and formal advice should be sought from a suitably qualified Accountant.

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