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Who own's my mobile phone when I leave?
                
                    smipx013                
                
                    Posts: 81 Forumite
         
            
         
         
            
         
         
            
                         
            
                        
            
         
         
            
         
         
            
                    Hi,
Hope someone with specific knowledge of the law can advise. I am leaving my company. When I joined I asked them to provide a mobile phone but they told me to go out and purchase one for myself and claim it back on the expenses system. This was 8 months ago. I duly purchased a phone with my own credit card and have an invoice in my name. I also got the full cost back on the company expenses system. the phone is PAYG and I expense a fixed amount for calls every month (£15) all of these payments are also on my own credit card.
From a legal standpoint I would like to know if I still own the title for the phone or is it the legal property of the company I work for.
Reason I ask is that I don't really want to shell out for a new £400 phone.
My take: I own the title to the phone. The company can try to sue me for a proportion of the value of the original expense claim but they would struggle. Morally I am a worm :-)
                Hope someone with specific knowledge of the law can advise. I am leaving my company. When I joined I asked them to provide a mobile phone but they told me to go out and purchase one for myself and claim it back on the expenses system. This was 8 months ago. I duly purchased a phone with my own credit card and have an invoice in my name. I also got the full cost back on the company expenses system. the phone is PAYG and I expense a fixed amount for calls every month (£15) all of these payments are also on my own credit card.
From a legal standpoint I would like to know if I still own the title for the phone or is it the legal property of the company I work for.
Reason I ask is that I don't really want to shell out for a new £400 phone.
My take: I own the title to the phone. The company can try to sue me for a proportion of the value of the original expense claim but they would struggle. Morally I am a worm :-)
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            Comments
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            You can buy a phone for ten quid from Tescos.0
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Of course (morally) but legally I paid for it and my name is on the invoice. That's why I was asking if anyone (who is a lawyer) might be able to offer their opinion. I know it's not right but then if I went into the whole history of how the company has treated me over the last few months (and how they are treating me now once I resigned) then you might appreciate as to why I want to get everything I can.......Clearly!
The company paid for it (by reimbursing you the full cost) so they own it.
They may choose to give it to you or sell it to you at a depreciated cost but they don't have to.
But then I think you knew that!
Not everything is black and white........0 - 
            Of course (morally) but legally I paid for it and my name is on the invoice. That's why I was asking if anyone (who is a lawyer) might be able to offer their opinion. I know it's not right but then if I went into the whole history of how the company has treated me over the last few months (and how they are treating me now once I resigned) then you might appreciate as to why I want to get everything I can.......
Not everything is black and white........[/QUOTE]
This is. If they reimbursed you it's their phone. The number is a different matter, I believe you could argue you still have title for that.0 - 
            The sim card is yours, and the phone belongs to them.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 - 
            Just take it.
...But don't be surprised when you find it hard to get a new job in the future. After all, they will be perfectly entitled to inform your prospective employer via a reference request, that you refused to return company property when you left them.
So your question really is:
"Is it it worth potentially jeapordising my career for the cost of a phone?"Go round the green binbags. Turn right at the mouldy George Elliot, forward, forward, and turn left....at the dead badger0 - 
            Ah well, Fair enough.0
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            It's a phone.....Just buy a new one or ask them if you can buy it from them if your so attached to it.
OP as you sourced the phone yourself am I right in assuming you had the free upgrade option of a new phone after 12 months?It's better to regret something I did do than to regret something that I didn’t. :EasterBun0 
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