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My tools were stolen from a work van in a car park next to

Hi my tools were stolen...
Hi my tools were stolen from a work van in a car park next to site I’m employed direct with my company and was wondering what’s their responsibility on replacing my tools
JA: What state is this in? And how old is the car?
Customer: London and the van is less than 2 years old
JA: What action has been taken so far? What's your ideal outcome?
Customer: Police was called in and we received a crime number but they are unable to persue a investigation
JA: Anything else you want the lawyer to know before I connect you?
Customer: my company are dragging their heels on replacing tools want to know if they have a legal requirement
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11/21/2017
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,743
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Was the employer at fault in any way for the tools being stolen?

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Customer reply replied 21 days ago
Van didn’t have any additional dead locks

Was it a requirement for you to keep your tools in the van, or did you have the option of taking them out?

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Customer reply replied 21 days ago
Not a requirement but essential mobile reactive maintenance and install across London
Customer reply replied 21 days ago
This happened during work hours on a job we was reacting to

Thanks. There is no automatic liability on the employer’s part if an employee’s tools are stolen out of a work’s van. You can only hold them liable if there was a direct liability on their part, if they had done something negligent which was serious enough to make them liable. Not having an extra lock in itself will unlikely be considered negligent, especially as it is not a requirement in law or under any regulations. However, it may be relevant if you had previously identified this as a potential issue, or raised concerns about its lack, only for the employer to do nothing about it.

In most cases, if an incident like this occurs, either you or the employer should have insurance to cover the majority of losses. In the event no such insurance is in place, it would generally be the owner of the tools who is responsible for replacing them, unless it can be shown that the employer has clearly been negligent in some way and that directly resulted in their loss.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
Ben Jones, UK Lawyer
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