Employer checking personal belongings!

baileybear.01

Hi all,

My friend left her cinema supervisor job recently, due to a number of reasons, (long story)..

She asked for her belongings back, gave the manager a list. After about a week, She sent someone to collect the bits, but they were turned away, as the supervisor "didn't wAnt to get involved". Eventually some items were handed over. HOWEVER, her personal bags have been gone thru, and items including money is missing. They also didn't return a lot of things.

As I'm sure you can imagine, she's really upset. She would happily have been present for a bag search, if that is what they felt they had to do. But nothing was mentioned, and no letter accompanied the items.

My friend is trying to write a letter to the manager, to ask for the rest of her bits, and t ok address the invasion of privacy etc. Does anyone have any ideas of what to put into the letter? They must have gone agAinst policies or something..

Any help would be appreciated. X

Alter_ego

Hard to understand why someone leaving a job would leave their bits and bags behind.

k3lvc

You need to explain the full story in order to get a meaningful answer - was dishonesty (or an accusation of) involved in them leaving ?

sangie595

baileybear.01 wrote: »

Hi all,

My friend left her cinema supervisor job recently, due to a number of reasons, (long story)..

She asked for her belongings back, gave the manager a list. After about a week, She sent someone to collect the bits, but they were turned away, as the supervisor "didn't wAnt to get involved". Eventually some items were handed over. HOWEVER, her personal bags have been gone thru, and items including money is missing. They also didn't return a lot of things.

As I'm sure you can imagine, she's really upset. She would happily have been present for a bag search, if that is what they felt they had to do. But nothing was mentioned, and no letter accompanied the items.

My friend is trying to write a letter to the manager, to ask for the rest of her bits, and t ok address the invasion of privacy etc. Does anyone have any ideas of what to put into the letter? They must have gone agAinst policies or something..

Any help would be appreciated. X

I agree that I am struggling to understand the circumstances in which someone leaves their job and leaves their personal possessions, including a handbag, behind. Even if suspended, people are accompanied to collect their things! But whatever - she had no proof that the bag had been searched or that anything is missing. Unless everything entering the site is inventoried. Which seems a bit unlikely. I think she had to chalk this up to "stuff happens" because she hasn't anything to go on.

Malthusian

On the assumption that there isn't anything material that we're not being told:

bailybear.01 wrote:

Does anyone have any ideas of what to put into the letter?

Dear [Manager], After the return of some of my belongings I am still missing £[X] and

which must still be in the company's possession. I will return to the premises on [date and time] in order to retrieve my outstanding property. If this is not convenient, please advise of a more convenient time immediately. Yours sincerely etc. And she needs to decide now whether she is going to take them to small claims court or forget about it and write them off, if they tell her to go away. The "invasion of privacy" I would ignore completely unless a material loss has occurred (and it probably hasn't or you'd've said). They were probably entitled to search her bags anyway. Is she absolutely sure that what is missing is missing? As others have said, it is very strange to leave your employment without collecting your belongings then and there. I find it difficult to imagine how you would quit your job leaving a substantial amount of money in a staff room locker. I keep my cash in my wallet and it would take several six-foot gorillas to get me to leave the building without my wallet.

Undervalued

Malthusian wrote: »

The "invasion of privacy" I would ignore completely unless a material loss has occurred (and it probably hasn't or you'd've said). They were probably entitled to search her bags anyway.

Quite. No law is actually being broken by going through somebody else's possessions unless something is wilfully damaged or stolen. It may not be "nice" or a good way to behave but it is not a crime.

baileybear.01

Thank you to the couple that gave constructive advice. Much appreciated.

It was just a quick question, which is why I didn't go in to details. I just wanted to know if it was allowed without her present. And where she stands.

Some people, due to various situations, don't tAke their personal belongings from their desk/drawer or locker when they leave. Maybe, they don't return to work after being off ill, or can't face returning to work due to bullying. (Just a couple of examples, which will hopefully help people understand that not everything is simple).

ERICS_MUM

baileybear.01 wrote: »

Thank you to the couple that gave constructive advice. Much appreciated.

A bit harsh, I thought all the replies were helpful in different ways, some trying to clarify the facts so that presumably they could suggest how to word the letter.

Hope your friend resolves the matter to her satisfaction.

theoretica

My desk drawers have a mix of personal stuff I leave there and work stuff, so anyone sent to get my stuff would have to go through to check which was which.

Could a nefarious colleague (rather than management) have been the one to rifle through her stuff if it was known she wasn't coming back?

Takeaway_Addict

baileybear.01 wrote: »

Thank you to the couple that gave constructive advice. Much appreciated.

It was just a quick question, which is why I didn't go in to details. I just wanted to know if it was allowed without her present. And where she stands.

Some people, due to various situations, don't tAke their personal belongings from their desk/drawer or locker when they leave. Maybe, they don't return to work after being off ill, or can't face returning to work due to bullying. (Just a couple of examples, which will hopefully help people understand that not everything is simple).

It is the employees responsibility to look after their own belongings, if stuff has been stolen then report it but you've no proof it is the employer.

Mersey_2

I'm frankly amazed by some of the responses above.


Theft should not be regarded as 'stuff happens.'


Firstly, it is not uncommon for an employee to resign and then collect their personal belongings the following week, as the OP points out. In fact I have only ever known this to be the case in a law firm of 250 people. As it saves them disturbing others, upsetting themselves, plus they may need to bring a bag to empty their desk drawers of personal items and loose change etc.


An employer can't look through personal possessions without the prior agreement of the employee [the exception being if theft or fraud is suspected when police may be called].


If possessions are damaged or stolen, the employer may indeed be liable contractually and they should replace the items.


Some employers do attempt to exclude liability for personal possessions left unattended; but, where the firm provides secure storage such as lockers or drawers fitted with locks, as long as the employee used the key, then the employer can and has been found liable in several claims and the employer is insured for damage caused by fire, flood or thefts.


If another employee stole the goods this may be tricky as the employer may simply dismiss them also and cite that they acted outside their work, even if the theft occurred during work hours.


If it's valuable she should report the matter to police and/or her insurers, but ideally a polite but firm email to the firm's HR dept at HQ or a Director should produce at least an apology and an explanation and hopefully replacement items. Failing that media coverage usually works wonders if it is a rogue firm.

This appears to be increasingly common as 3 law firms who act for insurers mentioned it in their monthly employment law updates, as did claimant / trade union firm, Thompsons: www.thompsons.law.co.uk/factsheets/thompsons-theft-damage-employees-belongings-work-factsheet.pdf