Company holding payment in lieu of IT equipment

xyz111

Hi all..

My contract was terminated and company suggested that they will hold payment until I have returned their IT equipment. They advise that they will write to me where to get the equipment back to. Now its been a few months and they have not come back to me. When I wrote to them they said no monies are owed. When I argued they stopped communicating.

What to do 
thanks

xyz111

So its them not interested in getting equipment back
thanks

Exodi

I think your position is significantly weakened while you continue to hold the IT equipment ransom.

I can imagine they are not interested in entertaining any conversation about outstanding money while this continues. Out of interest, did you contact them regarding returning the IT equipment over the 'few months', or was it just regarding money you are due?

If you need to take this further to recover any outstanding monies, it would pay dividends if you can show you made reasonable effort to return the equipment.

DE_612183

are you working through a Ltd Company or Umbrella or Agency?

xyz111

i was their employee...
when they terminated they said in letter (i have this on record) that they are holding part of the final payment as I have their equipment and they will write to me .. then they went silent.. now they are neither asking for their equipment nor paying me to settle.. 

DE_612183

ah, sorry when you said "contract" I didn't realise it was employment.

You should check your employment contract to see if thats part of it - if not I'd send a letter before action.

xyz111

i have emailed them many times 
first they said they don't owe it and when i showed them their letter which states that (and which is true) they stopped writing back to me..

please advise

Grumpy_chap

How long ago did you leave the employment?

Do you still have the IT equipment? 
Why wasn't the IT equipment returned as part of the leaving process?
What efforts have you taken to return the IT equipment?

Did the company actually withhold any money from the final salary payment?
Have you checked the final payslip in detail?  It would often not be the same as a regular payslip if notice periods, not whole month, holiday adjustments etc.
You say "company suggested that they will hold payment" - was that actually followed through?  I can imagine a Line Manager saying something like that but payroll simply processing the full pay regardless.
How much money has been withheld?

Dakta

Id make it clear the it equipment is available to be collected. They can arrange for it unless contract says otherwise, but make it clear they are free to do so.

With that complication clearly outlined id chase the money as a separate issue, letter before action etc

MattMattMattUK

If they do actually owe you the money (double check first), then sent an LBA, then take them to court via Money Claim Online. 

Exodi

xyz111 said:

i have emailed them many times 
first they said they don't owe it and when i showed them their letter which states that (and which is true) they stopped writing back to me..

please advise

You seem to avoid the question as to whether you have made any efforts to return the equipment, but reading between the lines I'm assuming your only contact to them is regarding outstanding monies.

As others are suggesting an LBA, to again repeat what I said above: "If you need to take this further to recover any outstanding monies, it would pay dividends if you can show you made reasonable effort to return the equipment."

Dakta said:

Id make it clear the it equipment is available to be collected. They can arrange for it unless contract says otherwise, but make it clear they are free to do so.

With that complication clearly outlined id chase the money as a separate issue, letter before action etc

Most employment contracts specify that company equipment is to be returned (though I encourage the OP to check theirs). I do not think it's reasonable to just unilaterally decide that the company has to collect the equipment from you to fulfill your obligations under the contract. It would be more cooperative to make clear efforts to return the equipment, even taking it to the office and having someone sign/take a picture/etc.

It sounds like the OP has not made any effort to return the equipment and is solely relying on the defense of "well they haven't asked for it". I totally get that the employer originally said they would reach out about it first, but if the OP is to pursue this further, they'll want to show they have made reasonable efforts to return the equipment - more than just waiting to be contacted. The argument is harder if they're trying to argue for unpaid wages, while still holding company equipment hostage.