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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47613
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was issued a work laptop by my employer. I was moved to

Customer Question

I was issued a work laptop by my employer. I was moved to another department and my former took back their laptop. The same role continued yet I asked on many occasions to be issued with another laptop. They did not supply one.
I was going on annual leave and my employer required me during this time to compile a report. I used a 3rd party terminal and accidentally left the report on this system. It was not intentional. Should I have been required to complete a report when I was on annual leave, and should they have not issued me with a laptop to do this work. Do they have any responsibility to have issued me this, and shoudl they take some responsibility for this, or is it solely my fault for breaching data protection. Do I have any defence?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Did they, at anytime after you moved department, confirm they would provide you with another laptop; in writing or verbally?

Customer: replied 1 year ago.
In short no, I was seconded for five years and then moved altogether. I then had to return the laptop. Other colleagues have these issued. I am expected to work away from the office, but as noted was on annual leave and expected to compile this report.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. There is certainly no requirement for employers to issue their employees with work laptops – whether they do so depends entirely on the nature of the work and the employer’s own policies. Even if someone’s work involves a lot of work on a computer and they have to do that remotely, the employer is under no legal obligation to issue them with a laptop to allow them to do the work remotely so you cannot really ague that they should have issued you with a work laptop as they are simply not in any way required to have done so.

In terms of asking you to provide a report during annual leave, again there is nothing that says they cannot ask you to do this. If you really did not want to you could have told them that you are on holiday and cannot do anything work-related – whilst they could not have forced you to do it, it could have been frowned upon by management if you did not show you were willing to go out of your way when asked to.

So I am afraid it is going to be rather difficult for you to try and apportion some of the blame to your employer for not issuing you with a laptop or for asking you to do this whilst on holiday. These are not directly responsible for what happened, in the end you would have had the obligation to ensure data protection has not been breached, whether you did this on a work laptop or during annual leave or not.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.