Re: Stepney & Coughlan

On 2007-09-15 06:54:17 -0400, "Bigbird" <bigbird.usenet@xxxxxxxxx> said:

Mark wrote:

Hal S. <h.sanders@xxxxxxxxxxx> wrote:

McLaren has only suspended Coughlan. They haven't fired him.

I wouldn't read anything into that. In the UK, that's standard
practice. One UK case (not F1) I recall involved clear theft* of a
large, six-figure sum. The company was given very clear advice that
they could face serious (civil) charges if they sacked the individual
while the criminal case was incomplete. The member of staff was
suspended on full pay for over a year as the case proceeded, and it
was only when they were sentenced (not just convicted) that they were
formally sacked**.

* The person was dealing with two subdivisions who were working
together. For each piece of capital expenditure, he'd charge each
subdivision the whole amount, use one half to buy the equipment,
the other half went into his account. It was only discovered when
the accounts were fully compiled at the end of the project (two
years later). Each taken separately looked credible.
** The company then took action to recover not just the amount stolen
but the pay whilst suspended, as I recall.

Yes, this is somewhat perverse, but it appears to be the accepted
legal practice in the UK. If (for whatever reason) the case fails
(whether because new evidence comes to light or even for a
technicality), the company would be liable for all sorts of punitive
fines and compensation for what would then be wrongful dismissal.

IANAL, of course, but not sacking Coughlan does not in any way suggest
that McLaren don't want to.


You might also consider that while still employed under his full
contract they probably have a lot more control over him than if they
sacked him.

Considering the success of their control over him so far... or do you mean they can control what he tells the FIA?

.

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