Withholding wages

[zadumbreion]

OK so this psycho employee of ours resigned a few weeks back. He still had a company laptop and phone, and we asked him to return them.

He didn't. So whilst we were waiting, we didn't issue his P45 or make the finaly salary payment, since we had to see whether or not he was every going to return the laptop.

He emailed me to ask when the final salary, P45 etc would be sorted out and I answered that once the equipment was returned, I'd sort it all out. His reply to that (by email) was that he would drop the equipment off at another engineer's house (about 15 minutes from his house) either during the week or failing that on the weekend.

Anyway, nothing happened and then today I receive a nice "money claim online" thingy with a claim for final salary and travel allowance. I was pretty stunned by this since we had agreed he would return the equipment. At the bottom of the claim form he has stated tha the equipment "is and has been available for collection from his home address since his leaving date".

My head tells me to take a deep breath, sigh, take comfort in the fact that he is clearly a total tosser, pay his money and then go collect the laptop thereby just to avoid any possibility of nastiness, CCJs etc. However my gut instinct is to counterclaim etc for the laptop and give him the same kind of shit to deal with. I don't see why we should vary the terms of our agreement, which were that he would return the equipment first.

Any views? No doubt it is illegal to withhold salary for any purpose, despite the fact that he has in his possession equipment that does not belong to him.

GRRRRRRRRRRRRRRRR!!!

[zadumbreion]

Eric Mc said:

Have you the right to withold his wages?

You need to thread carefully here as you could end up in front of an Employment Tribunal - or worse.

Unless there was specific mention in the emplyment contract about return of company owned goods being linked to final slalary payments, the two events cannot be linked in this way and witholding of wages cannot be used as a lever.

Refusal to hand over a P45 is a criminal offence and should not occur for ANY reasons.

Just for the record, I wasn't *refusing* to hand over the P45 - I just saw that all as part of the "leaving paperwork" which couldn't be done until we knew the status of the equipment.

[zadumbreion]

I have learned the value of avoiding trouble, so we are sending someone round to collect the laptop tonight. Provided it seems OK, we will then respond to his claim.

(Perhaps I'll counter-claim for the expenses incurred in sending an engineer round to his house to collect the equipment.)

Thanks for all the advice though chaps, it's appreciated.

[zadumbreion]

Most of these ideas have crossed my mind.

I do indeed wish to return the compliment in some way, and get even with him - but my mind is over-ruling my heart and telling me just to sort it and make it go away. The guy is a deceitful tosser who was probably put up to it by his brainless yet aggressive partner (I'm sure he doesn't have the balls or the gumption to think up something like this himself) and really I should be very grateful to be shot of him. Which I am.

I wondered if I could make a claim against him for costs incurred in our engineer visiting him to collect the equipment. No doubt that would be classed as "vexatious litigation".

Then I thought I would make the best available use of the 14 days from issue period - which would take us nicely to Christmas - but then the postal services will be all over the place so I can't even time the cheque properly. I will have to send it early to make sure it is received in time.

I know I just need to get over it and move on, but I didn't start my own business to eat sh1t from the likes of him....

[zadumbreion]

Yeah, I know you're right.