Employee leaves - takes equipment

[john_p]

An employee recently handed in his notice; said he wished to work for a competitor so he was sent home that day.

We've just discovered he has used a number of tricks during his employment to get a number of company mobile phones, all of which are still in his possession. After questioning he claims some have been stolen, others stolen and recovered by police (and are being held as 'evidence'), some are in for repair, etc etc. Total value about £1k.

I don't believe a word of it personally, guessing that they have long since been sold, but we're going to try and get these phones back. We are giving him a few days to bring them back before we go to the police.

We intend to hold onto his P45 and final salary (cheque, so he has to come and collect it!) until the phones are returned. Is this legal? What if we were to make a deduction to cover the replacement cost? What action would the police take, if any?

Any insight appreciated.

[Eric Mc]

I'm pretty sure there are no circumstances where you can retain a P45. The ex-employee is legally entitled to it. However, can you not challenge him to produce evidence that the phones have been stolen? He states that the police are witholding some as evidence - that should be easy to prove or disprove. Just contact the police and see what they have to say. If he cannot provide proof of his alegations then I would do the following:

threaten to report him to the police on the grounds that he has stolen company property

threaten to report the situation to his new employer - you might even be under a legal obligation to do this under the new criminal regulations regarding employees.
Obviously, you would have to be careful in this situation - notifying sopmeone of an alegation of a criminal act as opposed to a formal criminal charge is fraught with danger - witness the Ian Huntley case. However, threatening to notifying the new employer is notr actually the same as notifying them.

[john_p]

Thanks Eric. I've discovered that it would be illegal to make a deduction from the final salary unless he agrees in writing.

Of course we will say to him he is welcome to come in to the office and collect his P45 and cheque any time he wishes - oh have you got these phones yet?

[jacko lah]

john_p said:

An employee recently handed in his notice; said he wished to work for a competitor so he was sent home that day. We've just discovered he has used a number of tricks during his employment to get a number of company mobile phones, all of which are still in his possession. After questioning he claims some have been stolen, others stolen and recovered by police (and are being held as 'evidence'), some are in for repair, etc etc. Total value about £1k. .

You may wish to ask how your procedures were so lax that he was able to do this?

A senior guy where I work left in a hurry recently (He had a massive bust up with the boss due to Holiday's if we are to believe the official rumour) and about 4 weeks later one of his staff, was phoned up by a scrap metal dealer saying they could not contact the guy and where should they send the cheque that usually was in the guys name.

Our finance director and general manager have now brushed it under the carpet, because if they go to the police they will have to explain to our US bosses how they allowed it to happen.

[davidd]

If they have been stolen and reported to the poilce he will have a form with a crime number on it. That would be proof for me.

D.