Staff left company without notice

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enjoylife

enjoylife

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Apr 7, 2011
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  • #1
    Hello, I am looking for some advices please here.
    I have a employee worked with company for 8 months and recently he left company without notice. Although this really affects my business I am fine to pay his last day. The problem is he keeps the company's key and other stuff. We have contacted him a few times but no response. I am a bit concerned about the safety of my office. So my question is if I change the keys can I deduct this from his last pay? Thanks.
     
    Newchodge

    Newchodge

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  • #2
    Does your employment contract permit you to make this kind of deduction? If not, then, legally, you cannot. A letter notifying him of your intention to change the locks because of his failure, the likely cost and your intention to charge him the cost (perhaps also making some mention of his outstanding pay) would be totally reasonable. Can you enclose some kind of SAE to make the return easier?
     
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    HFE Signs

    HFE Signs

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  • #3
    I would change the locks immediately if you are concerned about security. The cost of a lock barrel isn't much so I wouldn't waste my energy on trying to recover the cost. Security is the main issue you have.
     
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    Employment Law Clinic

    Employment Law Clinic

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  • #5
    enjoylife said:
    Hello, I am looking for some advices please here.

    I have a employee worked with company for 8 months and recently he left company without notice. Although this really affects my business I am fine to pay his last day. The problem is he keeps the company's key and other stuff. We have contacted him a few times but no response. I am a bit concerned about the safety of my office. So my question is if I change the keys can I deduct this from his last pay? Thanks.
    Click to expand...


    As Cyndy has said above, lawfully you can’t deduct costs unless your employment contract permits it. You could make a claim for costs (any extra costs arising from his leaving without notice) in the county courts, but probably a waste of time & money.


    What you can practically do though (as well as obviously changing the locks) is withhold his wages pending the return of the “keys & other stuff” – assuming these are worth the effort to recover. While unlawful, a breach of contract – just as he’s breached his contract – no-one is going to be legally enforcing anything anytime soon, so it may encourage him to return the “other stuff”.


    If he makes an employment tribunal claim, which he legally could, you simply settle -pay the wages; much easier for him to simply get in touch & return the stuff though, and that’s much more likely.



    Karl Limpert
     
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