Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do the tools belong to you or are they tools that your employer has provided for you to do your work? Please can you also tell me how long you have worked there for?
Hello, not sure if you saw my initial query above - Do the tools belong to you or are they tools that your employer has provided for you to do your work? Please can you also tell me how long you have worked there for?
Are you an employee or self employed and is there anything in your contract which says they could potentially keep those tools?
Thank you. They do not have the right to retain your tools as they are your property and you are legally entitled to them. Whilst they may not allow you access to the premises to collect them, they should make arrangements for you to collect them. If they fail to allow you to collect them or to make arrangements for their return you could pursue them for their value. You may not be able to physically force them to return them to you but you may certainly consider pursuing them for compensation for their value.
This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
You are welcome, happy to proceed with the next steps you can follow if you kindly leave your rating for the initial response, thank you
Thank you. Whilst you cannot physically force them to return your tools, you can pursue them for compensation for their equivalent value.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.