COT3 wording help

Undervalued

Masha_2 said:

 Thanks a lot for your valuable comments. I have other important question. not sure if I have to open another thread.
It was settled. I did so solely for my health recovery.

Because the settlement did not included the return of laptop and I never had a contract of employment in written. I know I am not legally obliged to return it, I assumed this was a little detail that it was implicit in the settlement negotiation that after the signature there was nothing else pending between the parties, apart of the agreed bit. 
but I received an email from solicitors requesting it to return. 

My plan is to make a request of a good gesture, but of course I am prepared to returned if they were to decline. 
Data in the computer was already given to me through SAR.

The policy in the company was when a laptop was returned it had to be reset. 
I do not trust them in any way, although they cannot accuse me on anything on any data in the laptop if they access the laptop, they could invent something to accuse me for, I am just fearful, and they have still to pay me by next week. 
but my question is whether for security, and maybe for good data protection practice, as well as for my protection I should maybe return the laptop already reset. will that be too risky to do? I am thinking that giving the computer as it is containing confidential information the could construct something, and less risky if the computer is already reset. 

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Yes you are obliged to return any company property you may have unless it it has specifically been given to you. I can't imagine why you think otherwise.

Equally any company data on the laptop belongs to the company and you certainly shouldn't delete it. In fact you shouldn't access the computer in any way after your leaving date. You may have a right to a copy of any data that relates to you but that is all. 

I imagine, if their solicitor is now chasing for the laptop, it is unlikely they will pay you until it is returned.

Marcon

Masha_2 said:

 Thanks a lot for your valuable comments. I have other important question. not sure if I have to open another thread.
It was settled. I did so solely for my health recovery.

Because the settlement did not included the return of laptop and I never had a contract of employment in written. I know I am not legally obliged to return it, I assumed this was a little detail that it was implicit in the settlement negotiation that after the signature there was nothing else pending between the parties, apart of the agreed bit. 
but I received an email from solicitors requesting it to return. 

My plan is to make a request of a good gesture, but of course I am prepared to returned if they were to decline. 
Data in the computer was already given to me through SAR.

The policy in the company was when a laptop was returned it had to be reset. 
I do not trust them in any way, although they cannot accuse me on anything on any data in the laptop if they access the laptop, they could invent something to accuse me for, I am just fearful, and they have still to pay me by next week. 
but my question is whether for security, and maybe for good data protection practice, as well as for my protection I should maybe return the laptop already reset. will that be too risky to do? I am thinking that giving the computer as it is containing confidential information the could construct something, and less risky if the computer is already reset. 

You are obliged to return it, but whether the onus is on you to physically do so (or arrange the actual return) isn't obvious from your post. Confirm that you will have the laptop carefully packed up ready for collection if they would like to send their preferred choice of secure courier to pick it up.

Then, assuming you have only used the laptop in a lawful manner and in accordance with company policy, there is nothing you need to be worried about. It is for your employer to arrange to wipe/reset as they see fit.

Masha_2

gm0 said:

If you have a something which was issued by them and is genuinely a company asset (likely with at least something of their intellectual property on it).  i.e. they issued it or paid for it.  Absent a fully explicit agreement to the contrary for you to keep it.  Assuming it might be OK to do so would not be that.  Return of all IP on leaving is a common contractual obligation of employees.  As is return of company assets.  And they have asked for it now.

Returning it at the end of employment.  Without quibbling.  Would be completely normal. 

I Just wanted to say many thanks for your kind commentary and advice.

I was not sure about having right to delete my own information from the laptop. and I will find out what the hard delete technique is, so I can protect my information. My account is as administrator, so I suppose I can do that hard delete without issues. 

I was genuinely assuming, giving the way the negotiation was agreed. This was it was agreed that nothing was pending between the parties. I did not have to hear from them at all apart of the payment as I explicitly confirmed, because my health really.  I left in very unfavourable terms (considering that there was a sure win of at least most of the claims, given the hard evidence), the termination of employment was against all the possible rights, wages were not paid for months, not payments of annual leave, no payment of notice leave, etc. and there was no relation from the payment agreed and the actual value of the claim. 

Unfortunately my health was greatly impacted, and feel paranoid from what I went through. but I know I might be building up situations out of scare and fear. 

Masha_2

Thanks a lot for all your comments. I really appreciate them. 
Cheers