:help: :help: :help:
last year i worked for a gardening company mod - company name removed based in gleadless sheffield and got made redundent because i would not work on a bank holiday now they are refusing to give me back my tools (about £50 worth) if this is theft what should i do to get my tools back ?????

It's difficult to say without having more details. Theft normally implies an action taken by the guilty party, i.e. they remove the goods from your possession with the intent to permanently deprive you of them.

Did this happen or did you just leave them at your former employers place of business? Maybe it woud be classed as 'theft by finding', but not really sure. I'd suggest consulting the CAB!

Good luck!

I think that before you do anything else, including allegations of theft the you need to formally write to your ex employer, inform them that you believe they are still in possession of items belonging to you and ask them to make them available for you to collect. Id suggest giving them a week to respond to this.

If they then fail to respond or refuse to give your property back to you then you should make a complaint to the police. If they are claiming ownership then you would help your case if you could supply evidence that they property belonged to you.

Good Luck

if it's as straightforward as you said then i would think it counts as theft yes.
You need to be able to prove that they are yours though.

How can you get made redundant for not working a bank holiday? Do you mean you breeched your terms and conditions and were sacked?.
Were the tools yours?.

Did you owe the company money?, in which case it is not theft.
If it is as you say, then yes it Is theft.
Please provide more details / answers

no i had to leave them in the company van because the manager telephoned me up and told me i was sacked because i didnt work on the bank holiday and i do not owe anything to the company involved .

If you owed the company nothing (Including holiday money etc)
And you owned the tools then it is theft.
Speak to your ex employer about this.

If you do not get any joy, you may go to the company and take some of their property to the same value, and that is not theft.

1. write them a formal letter as stated above saying what your complaint is and goive them one week to return the goods. Send it registered post.
2. the police will not be interested.
3. We dont know enought about their reason for retention of the property.
4. If you were working longer than a year full time then go and see CAB and ask about unfair dismissal. We dont have the facts.
5. Start proceedings in the CC to recover said tools.It is easy.

Originally posted by 999tigger

5. Start proceedings in the CC to recover said tools.It is easy.

If you believe these tools belong to you and you dont owe them money or property, either go and fetch them back or take property to the equivilent value,(without causing any damage) if they are not happy with that, let THEM take action.

no i brought them myself for my own use

er...just go and get them. If a situation occurs and the police are called, just explain what you are doing.

Are you sure you're telling us everything?...it sounds a tad bizzare to me.

How long had you worked for the company & does it state in your employment contract that the company can request you work bank holidays in some sort of emergency cover.

i was signing on so declared to the employment services that i was working part time because i only worked for this company 2 day's a week (tuesday & thursday) so i did not have a contract with them. And as for working bank holidays i was never asked if i wanted to work on the bank holiday they just asumed i would without asking me first .

in employment law - you turn up for work and receive payment in return that itself forms a contract.

Assuming you paid tax & NI and payments could be traced through your bank - or wage slips - then if you worked over 12 months, then you could go through the courts.

If you didn't pay tax & NI and were paid cash in hand - then you don't have any proof you actually were employed by them.

Best case is to write to them and inform them you will be going there on a particular day & time to collect your items (list these) and ask them to have them available. Keep a copy of the letter. Inform them that you believe you hadn't broken any contract and that you're sure the press would like to know how they treat their staff!

If they don't make the goods available - then take it to CAB. Keep records of all phone calls and letters

I think you will find that if they refuse to give you the tools then it is classed as a civil dispute and the police will not get involved. To be honest its not worth the hassle as it will cost you more in solicitors fees than the value of your tools. You could lawfully, as mentioned, take property from them to the value of your tools if you decide to take it upon yourself to recoupe your losses. Be careful maybe its best to chalk it down to experience.

good luck

Originally posted by viking
IIf you do not get any joy, you may go to the company and take some of their property to the same value, and that is not theft.

Really???? I'm not at all sure about this and certainly wouldn't try it before going to police / CAB first!

Under no circumstances is it legal for him to go and take anything other than his own property.
The only people that would be entitled to do that would be the bailiffs after a succesful County Court judgement.

Originally posted by evildrneil
Really???? I'm not at all sure about this and certainly wouldn't try it before going to police / CAB first!

You are right, You are not sure.
I have tried to help best I can Craig, make your own judgement and good luck.

A case I came across:
a landlord kept a box of tools as recompense for damage.
When I spoke to a solicitor he agreed that a man cannot be deprived of the tools of his trade.
If you're unemployed, can you get legal aid?
Granma.

He can always call on his strong-arm friends from his other forum!!!

Originally posted by viking

If you do not get any joy, you may go to the company and take some of their property to the same value, and that is not theft.

Oh really....erm, I don't actually believe that would be legal...?
I'd love to know what law it is you live by....but maybe you should take a day off work and have a read of this (http://www.hmso.gov.uk/acts/acts1994/Ukpga_19940033_en_1.htm)