Company Property when you quit your job (who should pay for its return?)

[bras0746]

I had a remote working job. The company gave me various items to help with performing this role. I quit the job. Now they want the items back.

I entirely agree that the items belong to them and would have no issue handing them over, and in fact, there's nothing I would even want.. However, the issue here is that they want me to send them back at my expense. It would be quite a large package to send and even if it hadn't been, they have been pretty aggressive, and I would want to dig my heels in.

Am I under any obligation to return their items at my expense? They neglected to ever give me a contract (despite which, they have been pretty aggressive about my quitting, saying I had a contractual notice period, for example, which is obviously untrue)


Thanks

[jaguarsuk]

You have become what is known as an involuntary bailee in law, the company is obligated to either collect, arrange for the transportation of their goods or compensate you for transporting them unless some other agreement stipulates to the contrary.

Their employment contracts may do that, but as they never issued you one they cannot say you agreed to that.

Under the Torts (Interference with Goods) Act 1977 s.12 (3) if you have given them notice that if they do not collect or arrange for a courier to collect their property you are entitled to dispose (sell) of the goods, keep any reasonable costs of the sale and then forward them the remaining balance.

If I were you I would give them 30 days notice and that notice must:

specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and

specify the date on or after which the bailee proposes to sell the goods, and

specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before the giving of the notice.

The third part doesn't apply to you as they don't owe you anything for the goods as they purchased and gave them to you for use in your job, but those three points are what the Torts (Interference with Goods) Act 1977 says.

In giving them notice quote the 'Torts (Interference with Goods) Act 1977 s.12 (3)' as then if they seek legal advice it will be clear to their counsel where you are coming from.

And also inform them that you require their response regarding what they intend to do in writing.

There is likely to be one of three outcomes:

1. They'll arrange to collect/transport the goods
2. They'll make lots of empty threats and you'll end up selling them
3. They'll just say keep the goods, that's it's not worth the time or effort.

In regards to point 3, if that's what they choose then you either keep or sell the goods.

[bras0746]

great. thanks for a clear answer.

[atticus]

What has been said applies unless you entered into an agreement relating to this kit which specifies some other arrangement.