Employer witholding my items and charging for PPE

[sparky236]

My former employer is witholding my items and claiming I have not returned my workwear and issued me an ivoice for over £1000

 

I went off sick last year and left all my personal and company belongings in the works vehicle and intended to go back after i was better, Following an operation I had to resign my post and asked to return my workwear and collect my belongings .

 

They are now claiming I have not returned all my workwear (which I have) and want me to pay £1100 to cover the cost of my PPE equipment which is over 2yrs old and now claim not to have any of my belongings and tools worth £900 which in a previous letter they acknowledged that I could collect them

 

They also have not sent my P45 despite resigning in November HMRC can confirm no P45 received and employer claims its been sent and that I am lying. They are now taking me to court for the cost of items they have , work colleagues can confirm employer is in posession of items but are too scared to speak out in fear of losing their job.

 

Can they withold my belongings ?

Can they charge me for PPE (even though they have them)?

 

Any Help Gratefully Received

[elpulpo]

Were you provided with a written statement of the terms and conditions of employment when you started your job?

If you did, did it make any reference to your employer having the right to withold your possessions, or that you had to compensate them for the cost of your PPE?

Did you sign a receipt when you received your PPE?

[sparky236]

Hi yes signed a receipt but some of the items being claimed arent on the list.

 

It says return of property on termination of contract which happened

 

Deductions from pay on termination to cover overpayment or any other money due from you nothing about my belongings is mentioned.

 

Thanks

[honeybee13]

Hi sparky. When you returned the items, did you ex-employer give you a receipt for them?

 

HB

[elpulpo]

You need to submit a formal letter before action, or a counterclaim if they're already proceeding against you. They've no grounds at all for witholding your possessions, and the burden is on them to prove that you have not returned your PPE.

[sparky236]

Hi I sent what I had (work trousers t shirts jumpers etc) recorded delivery so have that and they acknowledge what I sent back but they are claimng for all my PPE which always remains in the van and was never taken from work Basically I left my tools and other personal belongings and the PPE in the van as I only thought I would be off work a few days but turned out I needed an operation and 5 months off work I was unable to return to the job. They now say my tools nd equipment was taken home bymyself on my last day and that I also took all my PPE I returned my workwear as this was all I took home (Uniform). but In a letter prior to this they mention arrangements for me to return workwear and collect my belongings now they claim not to have them !

[elpulpo]

So they're on dodgy ground. Are they already taking you to CC?

[sparky236]

They are trying to they have given me until friday to Pay £1100 inc vat for my PPE which they have and is 2 years old ! otherwise CC will start The prices of the itemised PPE Is absolutely over the top a secondhand screwdriver that they aquired without paying for and are now charging me £34.23 !!! 2 items are being claimed for which I borrowed for 1 day in order to take part in a training course and returned to them and they want £123.48 for the 2 items , One good thing is that I left my briefcase which they claim not have but inside the case are certificates with serial numbers so the governing body will confirm if any certificates have been issued after my leaving date which will confirm that they have the item ! ALso they Owe me 15 days holiday pay and work it out to be £150 I was earnng £26000 PA and wont give me a breakdown of how they came to this figure

[elpulpo]

£1100 of PPE? What are ya, an astronaut?

Do you think there's some underlying grievance they hold against you here? They seem to be acting very unreasonably.

Do you know how to submit a letter before action about all this? It all seems like hot air on their part.

[sparky236]

Hi yes major inflated prices? YEs they have a greviance with me as my operation was as a result of an accident in work that required an operation and resulted in me having to give up my job . No real idea on the letter any pointers would be really appreciated Thanks

[elpulpo]

So I take it you're pursuing a personal injury claim against them?

I'll set ya towards writing a letter tomorrow. I'm a bit 'tired' right now.

[sparky236]

Yes Just for loss of earning for when I was off for the period until I was able to return to some form of work which I explained to them as I was only getting SSP and no other income. I went off sick thinking it was something minor and left all items in the van thinking i'd be back in a few days after so long off work and the operation not being as sucessful as it should I had no option but to claim for loss of earnings Didnt want to do it but have a family to feed and support.

 

Thank you very much for your help

[BelayingTheLeader]

Hi sparky236,

 

when, I did my CSCS test it stated in the training book that the employer has to purchase PPE for their employees. I have tried goggle it but have only come up with the following links;

 

PPE - Personal Protective Equipment - Compensation Claim Advice

 

Management of Health and Safety at Work | Six Pack Regulations | Award Health & Safety Ltd

 

I would try the HSE website if you quot the correct law to your employer they should put up or shut up!

 

I think, I have found it try the link below;

 

HSE Web Communities - Construction Discussion Forum - PPE

 

I wish you the best of luck!

[BelayingTheLeader]

Hi found it;

 

http://www.hse.gov.uk/pubns/indg174.pdf

 

The above is the HSE guide to Personal Protective Equipment regulations 1992

[sparky236]

Thank You Belaying The Leader!!!!!!!!!!!!!!!

[elpulpo]

just to clarify, is there anything in your contract that allows them to hit you for the money if you don't return the PPE?

[sparky236]

Return of Property

It just says I need to return all compnay equipment on termination of employment , nothing about paying for unreturned items

 

Deductions from pay

at any time during or on termination of employment you owe your employer money under this contract or otherwise you agree and authorise your employer to deduct the sum or sums from any payment due to youwether wages salary payment of anykind , this will cover for example deductions from wages, expenses repayment of loans cost of damage caused by you or any other money due from you to employer

[borisbeaver]

As you said, the rest of your PPE was in the van. Someones probably pinched it - I mean appropriated it.

[honeybee13]

So in that case, would it have been insured against theft?

 

I know I'm ignorant, but can someone enlighten me on what PPE means please?

 

HB

[elpulpo]

Return of Property

It just says I need to return all compnay equipment on termination of employment , nothing about paying for unreturned items

 

Deductions from pay

at any time during or on termination of employment you owe your employer money under this contract or otherwise you agree and authorise your employer to deduct the sum or sums from any payment due to youwether wages salary payment of anykind , this will cover for example deductions from wages, expenses repayment of loans cost of damage caused by you or any other money due from you to employer

They have a signed copy of this?

It states that they can make deductions from any money owing, but nothing about you having to make payments to them then.

 

Ok, you need to send them a letter.

 

So, address it to the MD.

Write a brief narrative of the events that have occured.

State that contrary to their claim, you have returned all PPE you had in your possession, and any other PPE was contained in the works vehicle, which is in their possession.

State that you require that they drop any accusation that you are liable to reimburse them for the cost of the PPE they are claiming, and that they are contravening Section 15 of The Employment Rights Act 1996 by making such demands. As such, they have no prospect of successfully bringing any claim against you.

 

Then state that by depriving you of your possessions that were in the works vehicle when you resigned they are commiting an act of theft. Give them a time scale (7 days?) to contact you in order to arrange the return of your possessions. State that if they fail to do this, you will make all neccessary criminal complaints and civil applications to recover your property.

Print Letter Before Action across the top of the letter. Send it by recorded delivery.

[borisbeaver]

PPE - Personal Protective Equipment. E.g. Overalls, boots, goggles, ear defenders etc..

[civilcid]

So in that case, would it have been insured against theft?

 

I know I'm ignorant, but can someone enlighten me on what PPE means please?

 

HB

 

PPE is Personal Protective Equipment. Usually Hi-Vis vest, boots, hard hat, goggles, gloves, mask etc but can be anything required to do your job safely.

[sparky236]

So in that case, would it have been insured against theft?

 

I know I'm ignorant, but can someone enlighten me on what PPE means please?

 

HB

 

PPE Personal Protective Equipment i.e gloves , helmet hiviz jackets , saftety glasses etc

[borisbeaver]

There must be an echo:D

[sparky236]

Yes they have a signed copy of my contract and so do I , So I am right in saying that because they dont mention that I have to repay the cost of PPE then they cant charge me for ??

 

Letter looks good thanks Elpulpo