Garden Leave

[robbie williams]

Hi everyone.

Just handed my notice in at work on Thursday and they have asked for my laptop, blackberry and mobile to be brought back in tomorrow. They said that I can keep the car and the fuel card to the end of May when my notice expires.

Now am I right in thinking that they cannot take my mobile as this is a benefit?

Please let me know.

Cheers
Robbie

 

[Pilfo]

When you handed in your notice, did you say "Take That!"

Sorry, couldn't resist.

Pilfo

 

[robbie williams]

very good - and on a bank holiday too...

 

[MyNI]

Well your company car is a fringe benefit too remember, so if you thought that you were entitled to keep the mobile then why not the car. The way I see it your mobile, blackberry and laptop are still the property of your work, a fringe benefit only exists while you are employed there. You wouldn't expect them to let you use their Manchester United corporate box after you had quit would you? Unless they specifically gave you the phone as a bonus/gift you have no right of ownership.

 

[Astaroth]

Is it a benefit? I know my mobile certainly isnt a benefit as it is only for business use - reality is that I do receive personal calls on it but it is technically against our company rules.

 

[Antonia @limeone.com]

It's pretty standard procedure for the employer to collect all items which may contain client data when someone resigns and they are allowed to go onto Garden Leave until their termination date. You need to look in your contract but as you have now severed the contract it is pretty normal and the exceptions on the phone would be if you had bought it and claimed ownership of it.

 

[Cornish Steve]

It depends how it's set up. I used my personal phone largely for company business; I charged relevant expenses to the company when the bill arrived. Everyone, however, knows that it's my phone that I'm using. If the company had bought me a Blackberry, for example, it would be theirs.

In the long term, the more important thing is the telephone number. You have a lot of prestige and contacts invested in that number. Who owns it, you or the company? Can you keep the number? Can you port the number to a different carrier?

 

[bwglaw]

It depends how it's set up. I used my personal phone largely for company business; I charged relevant expenses to the company when the bill arrived. Everyone, however, knows that it's my phone that I'm using. If the company had bought me a Blackberry, for example, it would be theirs.

In the long term, the more important thing is the telephone number. You have a lot of prestige and contacts invested in that number. Who owns it, you or the company? Can you keep the number? Can you port the number to a different carrier?

Not how it is set up but who legally owns the mobile phone and who owns the data. If you are using your personal phone during the course of your employment, technically, the data i.e. contacts belong to the employer and could rightly insist that the data is removed to prevent any unlawful use of the data.

If the mobile belongs to the employer then the mobile should be returned. It is normal for employers to remove privileges during 'garden leave', especially where the employee will have access to data and other confidential information. The contract of employment may also prevent the employee from working for another employer during garden leave with possibly a further restraint of trade

Jonathan

 

[robbie williams]

Hi and thanks for the responses. The mobile is a company mobile so it looks like I am returning it tomorrow. I have backed my phone up and transferred it all to a pay as you go phone I have lying around which I will then back up again to my new phone when I get it on June 1st. I have erased everything from the company phone, blackberry and laptop and backed them up to disc.

What makes me laugh is that companies are happy to let you bring your own clients with you when you join and get well pissed off when you leave and you take them with you.. Oh well thats a sales life for ya!

Thanks for the replies!

 

[robbie williams]

Just to let you all know I handed the mobile, laptop & blackberry in on Tuesday... so much fun them not having my pin number...

 

[Gillie]

He said with such regret ....