Employer checking personal belongings!

sangie595

Mersey wrote: »

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

All of which fails to address the one simple and glaring fact that has already been mentioned - there is no proof that anything is missing. Nor a shred of evidence that anything had been gone through. Reporting a theft to the police / insurers requires some evidence that the items "missing" were actually there in the first place. And whilst we may not know what the "long story" is, it undoubtedly involves some breakdown of relationships if she left without even collecting her bags, so unsubstantiated claims of theft against the employer are hardly likely to be viewed as credible. But may make a nice addition to the reference.

ThemeOne

Mersey wrote: »

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


Theft should not be regarded as 'stuff happens.'

Sadly I'm no longer amazed. The bias towards the employer on this forum is marked, and sympathy for employees posting with problems rare.

The attitude always seems to be guilty until proved innocent or that people are posting questions "as a wind up" (with no evidence to suggest it), and advice is usually delivered with a hefty dose of moralism thrown in for good measure.

Undervalued

Mersey wrote: »

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.

It depends what you mean by "can't"!

If nothing is stolen or damaged what crime has been committed?

What useful remedy is there for this behaviour which you say they "can't" do?

Obviously if something has been stolen or damaged then that is another matter although proving it may not be easy.

Undervalued

ThemeOne wrote: »

Sadly I'm no longer amazed. The bias towards the employer on this forum is marked, and sympathy for employees posting with problems rare.

The attitude always seems to be guilty until proved innocent or that people are posting questions "as a wind up" (with no evidence to suggest it), and advice is usually delivered with a hefty dose of moralism thrown in for good measure.

It is not a case of bias, it is more a matter of being realistic.

Saying "There there, what a nasty employer" gets the employee absolutely nowhere!

sangie595

ThemeOne wrote: »

Sadly I'm no longer amazed. The bias towards the employer on this forum is marked, and sympathy for employees posting with problems rare.

The attitude always seems to be guilty until proved innocent or that people are posting questions "as a wind up" (with no evidence to suggest it), and advice is usually delivered with a hefty dose of moralism thrown in for good measure.

So you would suggest that, with no evidence, the employer be guilty until proven innocent? Neither the police nor the courts are going to go along with that. The OPs friend left her personal possessions, including her money, in the workplace when she left. She now says that things, including money, have been stolen. Who by? Where is the evidence? Where is the verification that those items were ever there?

By all means she can waste her time and call the police. They more than likely will tell her exactly what we have told her. At best they will go to the employer and say she alleges they stole from her, the employer will say they didn't, and that will be the end of it. And then the police will tell her what we have told her.

So what is your suggestion? It's easy to knock all the others posters advice - what do you think she can do to get her alleged belongings back?

jobbingmusician

Mersey wrote: »

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.

Agreed. But.....

Mersey wrote: »

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].

Hmm. Seriously? I suppose it depends on what your definition of 'look through' is. Are you seriously suggesting that an employer can't clear the employee's desk and locker? (I take the point I anticipate you may make that if they move any stuff that is stored in a locked area they have the responsibility to ensure its safety.) And personally, if I ever have to do this, I would make damn sure I am accompanied by another MOS to stop any allegations of stuff disappearing....