A FORMER shop fitter who stole thousands from his boss because he said he wasn’t getting paid has been told by a judge to sue him for his wages.

Nathan Brydon had been told to pay back the £4,500 he took by using a fuel card belonging to his employer after being convicted of fraud.

But the 32-year-old launched an appeal against the order, made more than five years ago, only for a judge to tell him he had to return what he took.

And he told him that if he thought he had been left out of pocket for the work he had done he should go the small claims court.

Brydon was at Swindon Crown Curt appealing against the sentence imposed by magistrates following a trial in 2010, which included a compensation order.

Hannah Squire, for the Crown, said between January and March that year Brydon used the card belonging to Allan Bowden without permission.

She said: “Mr Brydon says that the complainant Allan Bowden owed him money.

“That appears one of the motivations for taking the fuel card, he says he refused to pay that money to the defendant, so Mr Brydon doesn’t want to pay compensation.”

She told recorder Marcus Davey, sitting with two magistrates, that Brydon's claim for wages was a matter for another arena.

Brydon, of Wilcox Close, Gorse Hill, denied fraud but was convicted by the justices following a trial.

Representing himself told the court that at the time he was working for Mr Bowden as a self-employed shop fitter.

, Brydon told the court he was foreman with three labourers working under him and the boss would pay for their digs as they travelled the country on his contracts, but missed their wages.

“He was travelling to Australia for a wedding. He said he would square us when he got back,” he told the court.

“His son let slip he would be away for six months. I have three children. The other gentlemen had children, we had bills to pay.

“Admittedly I took the money off the fuel card. I did it the wrong way. He owed me £5,000. I should have sought legal advice.”

He said since the order was made to repay the money he has been trying to find out what he could do as he claimed he was still owed more in unpaid wages.

After many visits to the court fines office he was told that the only thing he could do was appeal against the sentence, which is what he had done.

He said he was about to start work as a multi-drop courier having been on benefits as he tried to find a job.

The judge said: “Mr Brydon said he was owed £5,000 by Mr Bowden and although he had repeatedly asked for that money it hadn’t been forthcoming and therefore he did what he did in respect of the fuel card.

“If someone is found guilty of misappropriating £4,500 of fuel, they should repay £4,500, so the appeal is refused.

“Mr Brydon, in our view, your remedy relies in the small claims court, not this court.”