Fitter holding tools to ransom - legal bods in here

doopydug · 10 Jul 2007 at 23:29

Wonder if any of you guys can give me some guidance here.

One of my fitters handed his notice in and has just not turned up for work. We went to get our van, tools and mobile phone off him today and he is holding back about £600 of tools until he gets his wages.

The guy has got problems and I have done nothing but help him and bend over backwards for him in the past year so feel a wee bit disapppointed that he has taken this stance. I don't like being taken for a ride or bullied either hence the need for advice.

I have been told he is committing a criminal offence by his actions and that I should call the police in the morning - does anyone know the correct position?

TIA

doopydug · 10 Jul 2007 at 23:38

He will be due his last weeks wages next week.

He has a contract that states min notice period is one week

doopydug · 11 Jul 2007 at 00:01

andy said:
well just wait till next week and hell give you the stuff back once hes been paid

Yes, that makes sense except I don't like succumbing to bullies - he has no reason to do this and I need the tools tomorrow for other fitters to do the job he was supposed to be doing.

doopydug · 11 Jul 2007 at 00:01

Arcade Fire said:
I have absolute zero legal expertise, but it seems that unless you desperately need the tools, the easiest thing to do is pay him and get the tools back, and then don't bother speaking to him again. I don't see any need to involve the police.

and if I pay him and I dont get my tools back?

Surely the law must be able to protect the innocent?

doopydug · 11 Jul 2007 at 09:27

ManCuBuS said:
Just pay him up early and all is resolved. I had a similar situation last year when one of my employees (I only have 2 ) held a £1200 laptop until he was paid, so I just paid him up early

My only problem is one of trust. If he is resorting to this behaviour at this stage (esp as he knows that anyone who has left my employment has always beeen paid) who's to say he will be willing to hand over the tools at all? Then I will have lost all leverage.

To cap it all, I have sent alternative fitters to the job he started this morning and they have phoned in to report that there has been about 3 hours work done in the three days he has been there.

It now appears that I am going to have to bring in a subcontractor to finish the job over the weekend, the cost of which will be triple the wages he is due. According to my employment manual, when an employee is in notice period and does something to cost the company money, we are entitled to withhold his wages to set off against said cost and sue him for the extra which is actually what is going to happen. looks like he has been taking the proverbial for the last few days. According to the client, he would turn up for a few hours each day and spend all his time on the phone with his new employer. looks like it has gone on my phone bill too! This puts it in a whole new light now. He is certainly not goin to be paid his last weeks wages and I need to recover more from him incl the tools.

doopydug · 11 Jul 2007 at 10:23

Good news - reported it to the police who have agreed that it's theft.

Half an hour ago, they said they will contact the fitter. 5 mins ago, he has phoned to say he is bringing in the tools this afternoon.

Many thanks to the boys in blue !!

doopydug · 12 Jul 2007 at 00:03

Many thanks to all you guys who took time to contribute here.

Glad to say it is all resolved now - got my tools back this afternoon and the fitter couldn't have been more apologetic. I know he has personal problems trying to pay his mortgage and the like so have decided to drop it at that. He will get his last weeks wages and hopefully I will neither see nor hear from him again.

He admitted that I had been nothing but a great employer and had helped him out financially many a time. He said that i didn't deserve the way he treated me and that his money worries were skewing his thought processes.

Dunno what the police said to him but it worked big time!