Friend’s boyfriend has overcharged and didn’t complete work

[MotherhoodRising]

A friend of mine’s boyfriend had moved in with her a year ago and decided to sit at home taking handouts from her rather than getting a job. Knowing it was causing their relationship strain, I gave him temporary work in my small business on a self employed basis. We agreed a day rate for 3 days a week 9-5:30 and set certain tasks that needed to be completed.
Just before lockdown, I was discussing with him the process of invoices being inputted and how payments Couldn’t be made until I had Checked and approved each invoice.
He replied with “okay but I logged on and paid myself by the way”.

I was so taken aback, and tbh quite enraged that a complete stranger to my business and casual worker had dug out my account log in details from paperwork, logged in, and transferred to his personal account £1000 without submitting a single invoice or allowing me to check the work or approve the invoices, that because it was my friends boyfriend I just went quiet and said we’d pick this conversation up later. Fortunately 2 days later we went into lockdown and there was a natural end to his work there.

He left the historic invoices as we closed for lockdown and when I checked through he’d charged me for days he wasn’t rota’d in for (he’d seemingly gone in on my days off when there would have been no work to complete and then charged me for them), charged me full days for days he started late and left early, and when I went through the tasks that had been set I had to spend the first week of lockdown redoing them because they either hadn’t been done or had been done incorrectly.

He’d paid himself for work that wasn’t completed, hours he wasn’t there and days I’d asked him not to work. Then submitted another invoice for the last two days before lockdown and chased me for it til I said, he hadn’t pro rata’d the days he started late or finished early so wasn’t actually owed.

Again, mindful he was my friends boyfriend I chose not to say the real feelings that the work hadn’t been completed, he’d paid himself for days that weren’t asked of him on my days off or the fact that he’d spent most of the time on his phone to his mates so no wonder work wasn’t done.

I figured I’d have the chat face to face after lockdown to clear the air. Unfortunately, my friend has Now decided to ignore me the whole time and a conversation is due. How would you approach it?

Tell her exactly

You are otherwise lying to her using the guise of not wanting to hurt her.

Also if this ends in a small claim court, your white lies (i.e. delivering an embellished version of events) will work against you.

Change the process so employess cannot pay themselves. Tell your friend what happened and tell her your willing to pick up the friendship sepetately for her cocklodger boyfriend. And never employ somewone on the basis that they are a laxy fuck again. Employ them based on their ability to do the job!

I hope you’ve changed your bank log in details 😱😱

Wow. You should (and maybe a manager) should be the only ones able to access the bank account and make payments.

Please tell me you updated your security

OP seriously ,I'm sorry I realise that you got caught by misplaced trust and fair enough but learn your lesson.
I run my own consultancy business and have been for years. Step up now because if you continue to behave like this you will lose your business eventually. You cannot be this naive going forward. I have worked with friends and my DP but business is business.

Its horrific and absolutely criminal that he transferred money, you really need to get to grips with this. This wasnt an annoying oversight,he was so far across the line its ridiculous.

Firstly personally I would be dropping a friendship who not only didn't see the problem here but was requesting more money. If you aren't prepared to walk away even when employing friends...then don't employ them.

It would be one last clear email (so it's in writing) your partner illegally accessed my bank accounts and transferred money that I dont agree he earned without my authorisation. He has not completed work he is claiming for , in this case I will draw a line (although personally I would have him in a police station quicksmart but you clearly are not going to) and this will be the end of it but be clear I have every right to report this as a claim.

Seriously OP fine you've been burnt , we all have at some point, but stop being so ridiculously wishy washy , it is not professional or adult.

You need to send him a letter which lays out the nature of the overpayment:

X days worked and the breakdown of hours. Don't bother with the uncompleted tasks as it's guaranteed to end in a back and forth - just stick to the timesheet facts.
His agreed hourly rate.
The fact that he logged himself into the system and paid himself without authorisation.
The amount that he paid himself.
Then provide the calculation which shows that actually he overpaid himself: actual hours worked x agreed rate vs amount he paid himself.

Finish the letter by saying that you will not pursue him for the over-payment but that no further monies are owed to him and he will not be required to return to work there.

You respond to her very neutrally:

I do not owe any money. I have sent him a letter on which breaks down hours worked and the amount that he has already received, and which shows that he is owed no further payment. I'm not going to discuss it any further in detail as this is blurring the boundaries between my professional business and our personal friendship.

I suspect you have lost the friendship - not your fault. You've tried to do her a favour and got fucked over for it. But at the end of the day she's the one that's decided to carry on shagging a complete waste of space - so to be blunt, it's her problem, not yours. And if she thinks that you're a bitch for not paying him - well she wasn't that good a friend to start with.

Oh and the reason why I wouldn't give her any detail beyond 'I've written to him today', is because technically the employment issue between you and him is confidential and covered by data protection.

Therefore, even though it's her boyfriend and she's your mate, you shouldn't be discussing the specifics of his employment - and any wrongdoing - with her.

I was just about to say you don't owe your friend an explanation but @tappering got there before me. Send him a letter or email detailing the situation as you see it and direct the friend to read the letter. It's unprofessional to blur the boundaries this way. Lesson learned and move on. Your friend will and has taken her partners side.

I wouldn't discuss it with her at all.
Assume friendship is over.
Put it all in writing to him by recorded delivery letter.

Set yourself up with all the facts and evidence in logical order, i.e. the times he worked, the unauthorised bank transfer details, the amount he's embezzled from you for unaccounted hours etc. Then arrange a meeting with him only and show him that its actually him who owes you money and present the facts.
Your choice is to recoup the funds or let it go but I would not let him near your business again. If your friendship suffers then so be it, sometimes love clouds judgement. You tried to do a favour but you left yourself wide open with your accounting security unfortunately. Lesson learned I suppose.

I'd go to the police. I'm staggered by his brass neck. He's a liar, a cheat and a crappy worker.

He knew what he was doing was wrong.

Why didn't you spot that money had come out of the work account?

You're going to need to woman up here. Your friend is no friend.

Don't discuss it aith her!!! You are an employer and cannot discuss employees with anyone else!

Sorry OP but you sound desperately unsuited to running your own business.

I'm trying not to sound patronising but there are plenty of online courses about management that you mught find helpful.

Did you deduct tax or NI?

OP, please take some of the sensible advice you have been offered here. It is none of your friends business, put everything in writing to him only. Change all password etc, info he has. Tell your friend you cannot discuss employment issues with her. Stay well away from them. Do not meet up in person, and do not let him worm his way back into your business. Remind your friend you were doing her a favour, which has now backfired and you are the one that has lost out, not him.

@ITonyah why would she? OP clearly says he was brought on on a self employed basis, hence the need for invoicing for work.

He was not self-employed from what you have described, he was employed and you his employer. Like others have said, this is shaky ground as HMRC do not take kindly to people who try an dodge Employer Duties by pretending people are self-employed. I'd be wary.

To save confusion, this is the criteria a self-employed person must meet to be classed as self-employed:
they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit
they can decide what work they do and when, where or how to do it
they can hire someone else to do the work
they’re responsible for fixing any unsatisfactory work in their own time
their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish
they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work
they can work for more than one client

Note: they decide what work to do and when, so it would not matter if he came in when you told him not to, if he was truly self-employed.

Why haven’t you reported the theft to the police?

As he was an employee you cannot discuss anything with your friend at all or you will be in breach of GDPR. You shoul write everything down and email it to him advising that you will or will not be taking things further and let your friend know you can't discuss but you can say you have sent an email to him.

Police. He stole from you!

Jesus!
Personally I’d send her a message saying:

I tried to help X by offering work
X has done tasks badly and also paid himself for days he wasn’t working.
I’m happy to provide you with the full details
And then don’t contact her again.

She is going to end up with a loser for a husband and not realise until it’s too late and there are kids involved

and decided to sit at home taking handouts from her rather than getting a job. Knowing it was causing their relationship strain, I gave him temporary work

I really don't think this is the best interview process. You knew he was a lazy git so you decided to employ him???

Someone logs into your account and helps themselves to your money and you.......... go quiet?!

I think you need to write this one off, decline to speak to the friend about work matters and learn a lot from it.

Like - Don’t employee people you know aren’t v nice, don’t leave your banking details accessible, set clear expectations for employees and payments, don’t hire people you know, etc

How on earth did he pay himself? My business bank requires jumping through quite a few hoops when setting up a new payee