Sacked for stealing my OWN equipment back

I've created an account on here as I am a bit bewildered over my recent sacking so need to know where I stand - So I work (or used to) for a small family run business and about 8 months ago I let the boss man borrow some of my very expensive equipment (a TIG welder and a drill). I didn't need them at the time, I'd been working there for 5 years meaning we'd built up a friendship; so why not?

Anyway, I recently came to needing to use them and I remembered that the boss man still had them. I kindly asked for them back and he told me that he never borrowed anything off me and he "Suggests I look elsewhere" :think:

I spent a few days thinking about it, could someone else have borrowed them and I've simply forgotten? Could he have given them back and I simply don't remember where I put them? He almost had me thinking that I'd simply misplaced them! No, I couldn't have! I knew he had them so I basically snooped around and found both my drill and welder, covered in dust at the back of a cupboard! The best thing is, due to the cost of them, I'd made sure to have my postcode and phone number engraved onto them to make them harder to sell should they be stolen! (The TIG welder is worth £3K!)

The boss man caught me and immediately gave me a verbal warning and again insisted that the items I found were his and he's had them years. When I questioned the engraving on them, he just snapped "THAT'S ENOUGH, GET BACK TO WORK"

I then spent the next few days looking for my old phone which was somewhere at home, I could have sworn he asked to borrow them via a text message .... BINGO! I had the date and what he wanted to borrow and he even put his name at the end of the text. Took it into work and showed him and before I could even argue this he told me that this is my "final verbal warning to drop this"

Sorry, but I'm not having this - £3000+ worth of my property and he thinks he can just steal it? I have the receipts for both the welder and the drill, I have the receipts for the engraving I had done on them, I have the text message from him... What else do I have to do to prove they are mine?

So, next time he was off site, I went to the cupboard and took back what was rightfully mine! I go into work the next day and I can only assume he either checked if they were still there or one of the other six employees snitched on me (people are going to notice me walking around dragging a welder on wheels behind me!) I was immediately dismissed for gross misconduct and was also told he is "mulling over" getting the Police involved. When I informed him that stealing my own stuff is not against the law he basically told me "No, but trespassing is, remove yourself from the building"

Does anyone know where I stand with this? Yes the items are mine but at the same time so it's not like I stole them, but what about when removing things from his property? I did try to tell him on multiple occasions that the equipment was mine but he wouldn't listen - I even showed him numerous forms of proof but he just shrugged me off - Wouldn't that be classed as him stealing? Do I have any legal rights such as unfair dismissal?

To be totally honest I'm not bothered about going back there, I don't want to work for such a deceitful person. But obviously I'm going to need a reference and obviously I'm not sure if the Police can do something against me yet? (Plus do I want to risk asking the potential snitch for a reference instead of the boss?!?)
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Comments

  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
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    As you can prove you lent them to him and they belong to you (receipts and post code marked on them) then this would be unfair dismissal. As you have worked there for 5 years then they need to follow the correct procedure to sack you.

    It is probably best to seek legal advice at this stage, or hopefully someone will be along shortly to offer advice on unfair dismissal.

    I wish you good luck!

    (If it was me, I would certainly take legal advice...)
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • They're yours and you have the evidence.


    If the Police do get involved show them the evidence, keep your property safe and then tell him to **** off.
  • Savvy_Sue
    Savvy_Sue Posts: 46,014 Forumite
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    too much to hope you're in a union?
    Signature removed for peace of mind
  • Savvy_Sue
    Savvy_Sue Posts: 46,014 Forumite
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    BTW, chances of a reference may be slim to none, but it might be worth signing on with a few agencies. Work out how to explain what happened politely.
    Signature removed for peace of mind
  • robatwork
    robatwork Posts: 7,087 Forumite
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    I'd be down the police station at my earliest convenience saying someone is holding onto my property and won't let me have it back.

    After the criminal case is dealt with, time for a tribunal for unfair dismissal.
  • Marcon
    Marcon Posts: 10,609 Forumite
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    robatwork wrote: »
    I'd be down the police station at my earliest convenience saying someone is holding onto my property and won't let me have it back.

    After the criminal case is dealt with, time for a tribunal for unfair dismissal.

    Too late - OP has already taken the items back. Police unlikely to have been interested in what is effectively a private squabble and would have told him to take civil action if he hadn't already retrieved them. They don't have time to get involved in this sort of thing, where no crime has been committed (you'd need to prove there had been an intention to 'permanently deprive' and all the boss would have had to say was that he planned to return them).
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Marvel1
    Marvel1 Posts: 7,171 Forumite
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    I just wanted to say well done on what you did in proving what was yours.

    What a !!!!ing !!!! of a boss, accusing you of doing what they did!

    Seek legal advice and I hope you win.
  • TELLIT01
    TELLIT01 Posts: 16,453 Forumite
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    You could look at suing for wrongful dismissal but would need to discuss the costs and benefits of doing so. You have your kit back and don't want to work for them again so you need to ask yourself if the hassle is worth it (entirely your decision). You aren't going to get a reference from them so forget that aspect. Do make sure you keep all the emails and photograph the postcode etc.
  • Voyager2002
    Voyager2002 Posts: 15,277 Forumite
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    TELLIT01 wrote: »
    You could look at suing for wrongful dismissal but would need to discuss the costs and benefits of doing so. You have your kit back and don't want to work for them again so you need to ask yourself if the hassle is worth it (entirely your decision). You aren't going to get a reference from them so forget that aspect. Do make sure you keep all the emails and photograph the postcode etc.


    Remember that this kind of case would be heard by an employment tribunal rather than a court, so the costs and difficulty of bringing a case would be much less than for a lawsuit.
  • Were you an employee? Regardless of the stuff being yours, did you have the right to be on the premises when you took it (was it a working day and should you have been there) or did you enter any area that you should not have? Did you cause any damage in accessing your equipment?
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