Equipment stolen from company car, who is liable?

platypus

platypus

platypus

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So the boss had circa £10,000 worth of equipment stolen from her car on the way to a company function. Today they told her they're going to start docking her wages until it's paid off.

I've looked in the contract, there is no mention of equipment liability, they are just told that they need to take it out of the car overnight (fair enough, common sense).

It's not covered by our home contents insurance (we do have cover for certain things regardless of where they are), and I'm not even sure if we are able to legally insure someone elses property?

The kicker though is that her company do not insure their equipment. Bearing in mind she has upto £50k's worth of equipment sometimes in her car I do find that a bit odd...anyway.

She's seeking legal advice at present, but there are a fair few knowledgeable bods on here so thought I'd ask the question.

Are we fubared?

Edit: For the pleasant chaps wanting to jump in and state it's her fault, etc, etc. Great - thanks for the input. I'm not asking who's at fault, I'm asking about the liability.
 
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You'll need a specialist employment solicitor to go through her contract and any other relevent documentation very carefully.

However, unless its specifically mentioned she is responsible for any equipment, then no, they can't be doing it. It's up to them to have the correct insurance and/or proceedures in place to minimise risk of loss.
 
Did the company know she would be travelling in her car with their equipment?

Was she attending the function at the company's request?

If both are yes then I struggle to see why she is liable. She really does need to seek proper legal advice urgently however.
 
Sounds very odd for a business not to insure their assets - I would want to know more about that.

If the job involves carrying around high value equipment presumably they must have clear company policies on this to which employees are expected to adhere? If the only guidance is not to leave it in a car overnight and she has met this requirement then why would she be liable? Also, what do you mean by "stolen from her car on the way to a company function"? Was she in the car at the time or had she left it parked it somewhere?
 
Hades said:
Did the company know she would be travelling in her car with their equipment?

Was she attending the function at the company's request?

If both are yes then I struggle to see why she is liable. She really does need to seek proper legal advice urgently however.
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Yes and yes.

Showboat said:
Is the car not insured for this very reason???
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My guess is that they've specifically asked not to have it insured to bring costs down.
 
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How was it stolen from the car, on the way?


Its obviously to late now but she should be refusing to transport uninsured equipment if liability is with the person transporting. That said I would think they are on incredibly dodgy ground unless its specifically implied that its her liability. Does the equipment usually reside with her?.

Dont forget that whilst your own insurance company wont cover it you may have legal cover.
 
Mr Badger said:
Sounds very odd for a business not to insure their assets - I would want to know more about that.
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Indeed.

If the job involves carrying around high value equipment presumably they must have clear company policies on this to which employees are expected to adhere? If the only guidance is not to leave it in a car overnight and she has met this requirement then why would she be liable? Also, what do you mean by "stolen from her car on the way to a company function"? Was she in the car at the time or had she left it parked it somewhere?
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She had left it parked outside a friends house unfortunately, which is where I think they'd hit her hard and be able to win (eg in court).
 
LOAM said:
Dont forget that whilst your own insurance company wont cover it you may have legal cover.
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Cracking point, thanks for pointing that out.

Thinking about it however, the GOC legal cover might just cover malpractice. Still, definitely worth finding out.
 
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I would think the company would pay for her private car insurance to be upgraded for business. Use accordingly, my company won't let me drive my own car, unless commuting.. They hire one for me if i need to visit other sites.

I can't see how she can be held liable, its the companies negligence for dumping all that kit in an under insured vehicle.

Also, if dhe had an accident while on business, her personal insurance could be void.
 
platypus said:
My guess is that they've specifically asked not to have it insured to bring costs down.
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If they didn't insure it, that's their fault.

Did she sign a liability form?

Is the company car allowed to be used for personal business? If not, then you'd probably lose in court.

The only possible way she could be liable (from my pov), is if she was negligent (how was it stolen? keys left in the car?) or if it is her terms & conditions or contract of employment.

As with many things like this, it's best to talk to a solicitor.
 
It's company policy to leave the kit in the house overnight. However when asked about this, she was informed that the kit is not insured in the house either, but the company would cover the costs if stolen from said house.

They weren't very clear though, and when actually asked directly didn't seem to know whom was liable if the kit is in the house.

Bottom line though is that they've told her that the equipment is not insured.
 
SGCWill said:
If they didn't insure it, that's their fault.

Did she sign a liability form? She can't remember, she started two years ago. Doesn't think so.

Is the company car allowed to be used for personal business? Yes.

The only possible way she could be liable (from my pov), is if she was negligent (how was it stolen? keys left in the car?) or if it is her terms & conditions or contract of employment. Windows were smashed, kit lifted from boot of car.

As with many things like this, it's best to talk to a solicitor. Agreed.
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Will have to dig out my old work stuff, but when I had a company car company equipment was covered under the insurance (provided it wasn't something silly like leaving the door unlocked/in plain view etc).
 
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