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Are they legally entitled to do this?
lays123
Posts: 5 Forumite
Hi Everyone,
I left my job in September, I just received a letter from my line manager's manager telling me I owed the organisation £260 for damage to a laptop (two missing keys on the keyboard). However paying for damages is not in my employment contract. Are they legally able to make me pay for the damages? If so can I ask for several quotes for the damage before I pay? Many thanks
I left my job in September, I just received a letter from my line manager's manager telling me I owed the organisation £260 for damage to a laptop (two missing keys on the keyboard). However paying for damages is not in my employment contract. Are they legally able to make me pay for the damages? If so can I ask for several quotes for the damage before I pay? Many thanks
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Comments
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You have a duty of care for the equipment - but did nobody check that the equipment was undamaged when you returned it. Unless they did, they would have trouble proving that the damage was done whilst it was in your care. On the other hand, if they still owe you wages, then possession is 9/10ths of the law...0
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unlikely they owe wages this late -wages act dictates those should have been paid by now surely?
I'd say 'I'm awfully sorry but I don't accept that item was damaged by me or during my employment'.
Be polite but firm and they'll get the message.0 -
Hi thanks everyone. They don't owe me any wages and it's been exactly two months since I resigned. I admitted to the keyboard missing a key but for none of the other damages they are claiming. Can they take me to court/withhold my reference? Many thanks0
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It doesn't have to be in your contract if it is in one of their policies and your contract says you are to adhere to all the company's policies. It might say that they will recoup the money even if the person has already left the company.
Whether they would be prepared to take you to court for it, who knows, but they would be likely to refer to it if you ever needed a reference from them.0 -
Why was the laptop missing two keys? You admit you knew it was damaged - why didn't you ask for a repair if it wasn't your fault.
A company asset was damaged - don't you think you should take some responsibility for that?:hello:0 -
How ridiculous. My keyboard at work broke the other day. IT just replaced it. Things get damaged through wear and tear during normal daily use. That the damage happened whilst in the OP's care doesn't prove that the OP's liable. The company would have to prove that the OP caused the damage through negligence. Can they prove that at this stage? No of course not. Not asking for repair isn't an admission of liability. They haven't got a leg to stand on.
Can you imagine how a court would react to a case being brought about a couple of laptop keys without any evidence as to how the damage occurred?! Laughable.
OP - My line would be that the damage occurred during the course of your daily duties and that you took all reasonable steps to care for work equipment. You'll be happy to contribute to repair costs if they can prove the the damage was caused by your negligence. If not then you consider the matter closed.
If this was mentioned in a reference I'd be on the warpath.0 -
I agree whole heartedly with shortcrust and would be taking the same line.
Even if you caused the damage, AND they could prove negligence (unlikely), a £260 repair bill for two laptop keys sounds extremely excessive and it sounds like they want you to fund a new laptop. Tell them to swivel.0 -
I agree, totally excessive.... https://www.laptopkey.com/Ex board guide. Signature now changed (if you know, you know).0
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I don't think we are getting the whole picture here.
On another popular consumer group forum, the story is that two keys are missing and both the screen and trackpad are damaged, resulting in £260 of damage.
Can the op please confirm the full extent of the damage, before anyone else says the repair is too expensive and tells the op what to tell her employer to go and do to themselves.0 -
I don't think we are getting the whole picture here.
On another popular consumer group forum, the story is that two keys are missing and both the screen and trackpad are damaged, resulting in £260 of damage.
Can the op please confirm the full extent of the damage, before anyone else says the repair is too expensive and tells the op what to tell her employer to go and do to themselves.
Indeed, OP hints at other damage but doesn't elaborate:Hi thanks everyone. They don't owe me any wages and it's been exactly two months since I resigned. I admitted to the keyboard missing a key but for none of the other damages they are claiming. Can they take me to court/withhold my reference? Many thanks0
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