Hey all. I left my job last week, as I found a new job and gave my notice. They want their laptop back. I have no intention of keeping the laptop, it's just that we were mostly working from home so returning it was slightly more difficult (as our office is a shared office, not one you can just send stuff to or drop property into). An now ex co-worker told me that management had mentioned they would not pay my final salary (due today) unless I gave back the laptop. I messaged my now ex manager and reiterated that I could either drop it into the office next week whilst they are all there, or I could courier it to him directly once I get paid, if he gave me his address. He replied that he would send his address. But I'm concerned they will still try to withold my salary until they have the laptop in their possession.
I believe it would be unlawful for them to withhold my salary for this reason. According to various solicitor/law firm websites, it would likely be unlawful as an employer can only withhold salary in a very limited set of circumstances unless my contract stated specifically allowed for them to make a deduction. The relevant part of my contract:
“19. Deductions from Pay
In the event that you owe any sums of money to us at any time during the course of your employment with us or upon termination of employment with us, you, by signing the following Declaration, consent to us making deductions from your salary of the sums owed by you to us for the purposes of Part II of the Employment Rights Act 1996. For the purposes of the Employment Rights Act 1996, sections 13-27, you hereby authorise us to deduct from your salary and/or any other sums due to you under this contract any sums due by you to us, including, without limitation, any overpayments, loans or advances made to you from us, the cost of repairing any damage to our property caused by you and any losses suffered by us or loss to our property caused by you as a result of any negligence or breach of duty by you.”
My question is, am I right to think that the wording above is not at all specific enough for them to withhold my salary pending return of the laptop?
Many thanks.