Ex-employee kept equipment
Discussion
Just a quick one.
We had an employee recently leave us. When employed he borrowed a PC to enable him to work from home on occasion.
He has disappeared and will not reply to messages (email, text) or answer his phone.
We want the computer back for a couple of reasons, mainly because it has company data on it which could cause us problems if it fell into the wrong hands or was used inappropriately but also for the simple reason that it's ours and he cost us a fortune in the run up to his departure due to him being lazy and untrustworthy (we discovered he'd been to prison for fraud too).
We did try knocking on his door, no answer.
What's the best course of action now? I'd rather do something that makes him want to give us the computer back rather than involve police (if that was even an option).
I'm happy for him to keep the numerous pens and stationary, even the Echo Dot which went missing.
We had an employee recently leave us. When employed he borrowed a PC to enable him to work from home on occasion.
He has disappeared and will not reply to messages (email, text) or answer his phone.
We want the computer back for a couple of reasons, mainly because it has company data on it which could cause us problems if it fell into the wrong hands or was used inappropriately but also for the simple reason that it's ours and he cost us a fortune in the run up to his departure due to him being lazy and untrustworthy (we discovered he'd been to prison for fraud too).
We did try knocking on his door, no answer.
What's the best course of action now? I'd rather do something that makes him want to give us the computer back rather than involve police (if that was even an option).
I'm happy for him to keep the numerous pens and stationary, even the Echo Dot which went missing.
I guess a good starting point here will be the computer policy you have at work. I'm assuming the employee signed a contract, or a contract was accepted. What is the policy on returning of IT equipment on departure as detailed in the policy - does he have a certain number of days to return, will the cost be deducted from final salary payment, etc.
This would really point you in the direction of "what next".
This would really point you in the direction of "what next".
AB said:
We're only a small business so no official IT policy etc.
We lent him the computer and bought him a couple of wireless handsets for his landline.
He's not moved as his car is always outside. He's just being an arse.
Could be on holiday? Best action is to send a recorded letter. It sounds though that without an official policy as such you may be stuck as he hasn't technically broken any company policies. We lent him the computer and bought him a couple of wireless handsets for his landline.
He's not moved as his car is always outside. He's just being an arse.
HantsRat said:
Best action is to send a recorded letter. It sounds though that without an official policy as such you may be stuck as he hasn't technically broken any company policies.
Is that really all that can be done? To a layman this is, to all intents and purposes, nicking stuff. CharlesdeGaulle said:
Is that really all that can be done? To a layman this is, to all intents and purposes, nicking stuff.
Theft:"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."
They would need to prove he appropriated the property with the intention of permanently depriving them of it. Difficult as they gave him the equipment. Would more likely be a civil issue falling back on broken company polices, of which there are none. If there were policies in place stating the equipment needed to be returned on leaving the business this then may prove theft.
If they send him recorded letter stating the property is theirs and they require it back then it may then meet the definition of theft if he doesn't return it.
Edited by HantsRat on Monday 15th January 10:31
That seems strange. Why does a policy need to be in place that says that the equipment that belongs to the employer belongs to them?
What other interpretation could there be and under what 'law' is it defined?
What other interpretation could there be and under what 'law' is it defined?
HantsRat said:
Would more likely be a civil issue falling back on broken company polices, of which there are none. If there were policies in place stating the equipment needed to be returned on leaving the business this then may prove theft.
HantsRat said:
CharlesdeGaulle said:
Is that really all that can be done? To a layman this is, to all intents and purposes, nicking stuff.
Theft:"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."
They would need to prove he appropriated the property with the intention of permanently depriving them of it. Difficult as they gave him the equipment. Would more likely be a civil issue falling back on broken company polices, of which there are none.
If they send him recorded letter stating the property is theirs and they require it back then it may then meet the definition of theft if he doesn't return it.
You don't need an HR policy in place. You may need to be able to prove you legally own the computer. Provided you informed the employee at some point that the computer was only for use during the period of employment, either verbally or even at exit interview, then you should be fine.
Just be careful, it sounds like you gave the phone handset as a gift, but not the computer ? I would be careful here and be consistent, either both were a "gift" or neither.
You may have originally loaned the equipment, but if they refuse to give it back, then in my view it IS a theft. I would send a further letter, ideally delivered in person asking for a date and time when they can drop it off.
Following that I would report it as a theft.
At the moment if Police turned up he could simply go "Oh sorry, forgot I had this, the company gave it to me, here have it back" and then there would be no theft.
The company don't know for sure he's 'stolen' it. Easiest way is to send a recorded letter then once he's signed for it and read it he knows he has the equipment and needs to hand it back. A lot easier than calling in Police, giving statements and then Police going round to which the door probably wouldn't be answered anyway.
The company don't know for sure he's 'stolen' it. Easiest way is to send a recorded letter then once he's signed for it and read it he knows he has the equipment and needs to hand it back. A lot easier than calling in Police, giving statements and then Police going round to which the door probably wouldn't be answered anyway.
HantsRat said:
At the moment if Police turned up he could simply go "Oh sorry, forgot I had this, the company gave it to me, here have it back" and then there would be no theft.
The company don't know for sure he's 'stolen' it. Easiest way is to send a recorded letter then once he's signed for it and read it he knows he has the equipment and needs to hand it back. A lot easier than calling in Police, giving statements and then Police going round to which the door probably wouldn't be answered anyway.
So I can evade the Police by not answering my door ? The company don't know for sure he's 'stolen' it. Easiest way is to send a recorded letter then once he's signed for it and read it he knows he has the equipment and needs to hand it back. A lot easier than calling in Police, giving statements and then Police going round to which the door probably wouldn't be answered anyway.
OP. Just report him as a possible pedophile who has you know has indecent images they downloaded on the computer....
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Can't Plod use the same reason to confiscate said kit as used here.
"Did not have a receipt"?
Can't Plod use the same reason to confiscate said kit as used here.
"Did not have a receipt"?
55palfers said:
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Can't Plod use the same reason to confiscate said kit as used here.
"Did not have a receipt"?
No.Can't Plod use the same reason to confiscate said kit as used here.
"Did not have a receipt"?
You can if you wish apply to court for an order requiring return of the computer and all company data on it. Ignore all the blether above about company policies and such like. The company owns the computer and the data. Send a letter first. Impose a deadline. If not complied with, you could then sue if you wished to.
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