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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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A FORMER EMPLOYEE WHO LEFT OUR EMPLOYMENT ON 8TH MAY AND HAS

Resolved Question:

A FORMER EMPLOYEE WHO LEFT OUR EMPLOYMENT ON 8TH MAY AND HAS BEEN GIVEN HIS P45 WITH PAYMENT DATE FOR HIS FINAL SALARY OF 31ST MAY HAS ENTERED OUR OFFICE OVERNIGHT AND REMOVED 5 COMPUTERS. HE HAS NOW SENT AN E.MAIL CLAIMING LIEN OF SECURITY UNTIL HIS FINAL SALARY HIS PAID. HE HAD PREVIOUSLY REFUSED TO RETURN THE OFFICE KEYS AFTER HIS DEPARTURE AND USED THEM TO ENTER THE PREMISES DURING THE NIGHT TO REMOVE THE GOODS. PLEASE CAN YOU ADVISE IF HE IS LEGALLY ENTITLED TO DO THIS AND IS THIS THEFT AS IT ALSO INCLUDES COMPANY DATA. THIS HAS ALSO COST US A DAYS TRADE SO CAN WE RECOVER THIS COST FROM HIM. MANY THANKS
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is most definitely theft. The employee can't steal things in order to claim a lien. A lien only arises in certain special situations where someone happens to be in possession of another's property, eg, a garage has a lien on a car until the owner pays the bill.
Any losses you suffer as a result of this can be claimed, by court action if necessary, against this person.
Happy to discuss further.
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