Equipment return who owns what?

[IusedToBeYoung]

Unfortunately I have had to make all my staff redundant due to a complete loss of business due to covid. One long time employment is being difficult about returning his company phone. He is saying that he doesn't think he legally has to do this! He wants us to provide evidence this has to happen. I have never had this issue before so am shocked. There is no specific detail about equipment in his contract. The phone is owned by the company and no personal use is expected although we do not penalise for it unless it incurs a significant cost. Are there any resources I can provide to demonstrate the equipment must legally be returned?

I don’t think you need a resource, I presume you can prove ownership, that is all that is required.

Who pays the bill? Who is the phone registered to? Surely that's enough to prove it belongs to the company.

Is there a return of company property clause in the contract?

I am just so shocked there is an issue! Yes we can prove ownership. No there is nothing specified in contract about equipment.

who pays the bill and do you have a paper trail about giving the phone to the employer for business purposes?

If you have paid bill etc then it is the employers. You could give him the option to transfer the sim to keep his number, if that is his concern.

The phone is the property of the company and it was only given to him as a' tool ' for the job . The job is no longer there so all tools belonging to the company have to be returned. If you were a builder using a company owned cement mixer you wouldn't keep that. Legally he can't keep it as its not his property

He is trying it on. The phone belongs to you. It doesn't matter that there is nothing in the contract. It is the company's property. He must return it. You don't need to provide any resources. Just tell him that you will take legal action to recover your property if he fails to return it voluntarily.

Have you disconnected the Phone? That would be stage one for me, and then a l tater stating that it needs to be returned as was only issued for the purpose of work. If he wants to keep it, then offer it to him at X amount that it's worth. Is there a need for him to have to give it back if he pays for it?

Thank you. I will write to him instructing him to return the equipment and will include the points you have all mentioned. Glad that I'm not the only one who thinks this is bizarre!

Our company phone contracts have some phones which technically speaking belong to the phone provider.

They are being totally out of order.

I'd check if you can withhold the value of the phone off last months payment?
And cut the line ASAP if you cab (if not port to another sim)
Give them a weeks warning of this happening so they can make alternate plans (ie texts new number out) though in theory then he could go mad with final bill? So maybe cut off with no warning. He can still get numbers off the phone

That would be unlawful deduction of wages.

I would send a formal letter before action setting out the issue and giving a certain number of days before legal action (small claims) is taken.

Cancel the number do he can’t use it.

He is barking up the wrong tree me thinks, can he prove it is his?

This is not a suggestion!!! but if you reported it stolen he would have to prove it is his, he can't (all right not the best thought out idea)

You can prove it is yours so it is yours, can you block it?

I'd end the phone contract ASAP and block any function on it. Tbh it would make me more concerned about what's on the phone, what has it been used for? There's a reason behind them not wanting to return it beyond using it for previous legitimate working use.