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Nicola-mod
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Category: Law
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My husband was terminated from his employment. He was asked

Customer Question

My husband was terminated from his employment. He was asked to sign a standard confidentiality agreement which he did 24/12/2013. One of the clauses states that he would remove his personal belongings within 2 working days.he went today to find out that his office desk had been broken into and his personal belongings stolen. He went down to the workshop to find his tool lockers which were locked had either had the locks changed or had been broken into and over 10k worth of tools missing. He was escorted by the site security during the whole of his visit. The site is also a secured location with manned barriers and swipe card entry system to enter on the site. The theft has been reported. Is the company liable for the cost of replacing the tools? Does the financial clause in the confidentiality agreement still apply
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I'm happy to help with your question today.

What exactly does the financial clause say in his agreement?
Expert:  Alice H replied 2 years ago.

Dear XXXXX

 

An employer is not automatically liable for losses in the workplace. Your husband will need to check his original contract of employment and/or his employment handbook to determine whether his employer is liable for the losses. The contract of employment may contain a specific clause by which his employer agrees to look after his belongings at work. This may be in the contract itself, or in the handbook or other documents which are given to staff such as the health and safety manual. Your husband will need to look at whether his employer or his colleagues have been careless. Everyone has a duty not to be negligent (careless) in ways which could lead to the loss or damage of other people's property. He needs to identify anything which could prove that his employer or colleagues have been negligent in a way which has contributed to the loss that your husband has suffered. If he can show that they are to blame in some way, then your husband may be entitled to compensation. To do this he can either deal with the matter himself by lodging a formal complaint and then taking the matter to the Small Claims court or by instructing a solicitor to make the claim for him.

 

I hope this assists.

Alex

Expert:  Nicola-mod replied 2 years ago.
Hello,

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Thank you,
Nicola

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