Theft!

[DCS Lead Gen]

Hi All,

We agreed to allow one of our employee's to work from home as a favour - as a result she borrowed a phone and was responsible for a large amount of data - despite no communication and poor quality work we still opted to pay her to avoid any hassle.

Now that the employee has had their pay - she is refusing to make any contact also not responding to any communication from ourselves.

The problem being is we need to get both the phone and data back - we got through to her landline no. but were cut off when requesting to speak to the employee.

How do we go about getting the data and phone returned - looks like we'll have to contact the police?

 

[saxondale]

is this the same woman?

 

[daniel.benson]

I think the data you won't be able to report as theft as it's not a permanent item such as the phone. Am not sure if you can do anything in regards to data protection and the employee (ex) having the data there should be something.

We removed a computer from a debtor business and he tried to make a report about the data that was stored on the computer and that's what the police told us.

In regards to the phone it's only theft if you intend to permanently deprive someone of the item, Ring the police and speak to them.

 

[DCS Lead Gen]

is this the same woman?

Yeah - we paid her friday 7th Jan, she then sent over alot of leads (all of which were fake!) and was apparently on her way to the office to return phone and data - time was getting on so i called her landline - but was then hung up on.

She's owed holiday pay for the bank holidays over the Christmas period - which isnt due until next friday being the 14th - so it looks like I really will have to keep this as a retention.

 

[The Resolver]

If the data includes personal data of clients/customers/enquirers then her continued retention after termination of her employment is a criminal offence under s 55 of the Data Protection Act 1998 and you can file a complaint either with the Information Commisioners Office , who would raise the complaint with the police or you can file a complaint direct with the police.

The Information Commissioners are focusing on this very same problem of termination of home workers holding data (following a conversation I had recently on a similar case). They will be issuing new guidance. You can email the ICO at [email protected] for a written advice. But be warned that you could be at risk of an offence if you take no action as this may be seen as permitting the unlawful retention.

 

[E Storey]

It's only been a day, give the woman a chance to return it before you go making such dramatic assumptions.

 

[ccp consultancy]

Remembering of course that you can only withold wages to put towards company property that is not returned if there is an express clause in the employment contract or this constitutes an unlawful deduction from wages

 

[Richie N]

Yeah - we paid her friday 7th Jan, she then sent over alot of leads (all of which were fake!) and was apparently on her way to the office to return phone and data - time was getting on so i called her landline - but was then hung up on.

She's owed holiday pay for the bank holidays over the Christmas period - which isnt due until next friday being the 14th - so it looks like I really will have to keep this as a retention.

It's unlawful to withhold wages or holiday pay, this still needs to be paid to the employee.
However, you could write to her and ask that she returns the company property or bring it with her to collect her cheque due.