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Employer refusing to give me back personal items.

14 replies

MrsLemons · 27/12/2022 14:33

Can anyone help please?
I handed in my 2 weeks notice at my job early last week. I was in a higher management position and I was treated like crap by them, it was awful. Last straw was being groped at the work Christmas party and the MD refusing to do anything about it. (It happened to myself and 3 other women) no HR department. I was working at home with covid and was treated terrible whilst I was at home, so I handed in my notice. I was there for 9 months. I received a WhatsApp message on my birthday telling me to leave that day and they'll pay my notice, I was off on annual leave that day also. This was all done over whatsapp, no emails or formal meeting. I'm not complaining about going as it was an incredibly toxic place and I wanted out. But the treatment of me was terrible. They've also said some untrue things to colleagues about me. I've not reacted to their behaviour, I've just ignored it and moved forward.

The issue now is, they will not give me back my personal items. I have things that my children made for me at my desk and and some expensive tech that I bought myself for work, some of which has gone missing. They've refused to let colleagues bring it to me, my friends company is over the road and they've refused to drop it there. They just won't let me have it back. Where do I stand with this? What can I do?

Thanks for any help/advice.

OP posts:
MintChocCornetto · 27/12/2022 14:36

It's theft, so I would tell them you will be reporting it to police unless the items are returned in the next X days.

SecretVictoria · 27/12/2022 14:36

Police? Pretty sure that’s theft (IANAL). ACAS?

MrsLemons · 27/12/2022 14:38

Thanks both!

I didn't know of this warranted the Police as its not an emergency but I will give them all call. I thought ACAS dealt with other issues, but I'll try them also. Thanks 😊

OP posts:
brusselspout · 27/12/2022 18:08

Might as well at the same time let the police know about the sexual assault you suffered at the party. Absolute arseholes.

BlackAmericanoNoSugar · 27/12/2022 18:39

Report the theft and the sexual assault. The police might not do anything but you'll have a record that you reported it. If nothing happens then take them to small claims for the tech items.

Flapjack637 · 27/12/2022 18:54

BlackAmericanoNoSugar · 27/12/2022 18:39

Report the theft and the sexual assault. The police might not do anything but you'll have a record that you reported it. If nothing happens then take them to small claims for the tech items.

This. They absolutely should investigate both offences. Sounds dreadful OP. Hope you’re ok.

Shamoo · 27/12/2022 18:57

Send them an email stating that unless the property has been returned to you by x date, you will be reporting the MD to the police for theft and commencing civil action against them for the value of the property. If any of the items are missing when returned, you will also be reporting for theft and commencing civil action. Give them options to return (I will pick up, or you can courier to me (recorded courier so no argument about it going missing).

Shamoo · 27/12/2022 18:58

On and include in the email that unless you have it back by x date you will also report the sexual assault to the police, but if it is returned in full by that date you will agree not to. (Assuming you are ok to agree this - you may want to report it which would be totally fair, but the fact you haven’t yet suggests you don’t really want to).

and copy the email to the 3/4/5 most senior people in the business, not just the MD.

Pineappleskies · 27/12/2022 19:03

I am, bizarrely, in an almost identical situation...except I didn't leave any possessions.

I am so sorry to hijack your thread but how are you planning to explain why you left in job interviews or to recruiters?

Because this is the bit I'm still not sure on and I'm getting my CV out tomorrow!

Well done on your bravery, integrity and restraint.

The loss to them is greater than the loss to you.

Acronymsandinitialisms · 27/12/2022 19:22

Shamoo · 27/12/2022 18:58

On and include in the email that unless you have it back by x date you will also report the sexual assault to the police, but if it is returned in full by that date you will agree not to. (Assuming you are ok to agree this - you may want to report it which would be totally fair, but the fact you haven’t yet suggests you don’t really want to).

and copy the email to the 3/4/5 most senior people in the business, not just the MD.

Just report the assault, OP, don't give them a chance to prepare themselves for it.

2bazookas · 27/12/2022 19:30

Write an itemised list and say "Named Person will call to collect my private belongings from the office at 2 pm on Date.
A ny missing items will be reported to police as theft."

feministqueen · 29/12/2022 08:37

Pineappleskies · 27/12/2022 19:03

I am, bizarrely, in an almost identical situation...except I didn't leave any possessions.

I am so sorry to hijack your thread but how are you planning to explain why you left in job interviews or to recruiters?

Because this is the bit I'm still not sure on and I'm getting my CV out tomorrow!

Well done on your bravery, integrity and restraint.

The loss to them is greater than the loss to you.

Either say that the company didn't align with your values. Or that you were looking for a different direction that your last company couldn't help you with.

prh47bridge · 29/12/2022 08:49

I agree this should all be reported to the police. However, the police may say the refusal to return personal items is a civil matter.

You can take action against your previous employer under the Torts (Interference with Goods) Act. Send a letter before action setting out the facts, what you want from them (return of the items or, if they are unable to do that, compensation equal to the value of the items) and how you've calculated the amount you want to claim. Include copies of any documents you will use to support the case and include a list of any documents you want from them. Give them a reasonable deadline (28 days is normal) and state that, if you do not receive a satisfactory response by then, you will take legal action without further notice.

whirlyswirly · 29/12/2022 21:25

Call ACAS. I'd be going for constructive dismissal in your position. That's terrible.

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