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Q: To what extent are we liable for damage to employees' property? Recently an employee brought to us his personal handheld computer that was badly damaged as a result, he claims, of a cleaner knocking it off his desk overnight.
A: In common law you are required to take reasonable care of your employees' property and they have the same duty of care towards your property. To this end you may have a notice in your cloakroom stating that employees leave their clothing there at their own risk. If a raincoat becomes accidentally stained with floor disinfectant, you are unlikely to be found responsible for the damage since that is a foreseeable risk.
However, if without warning you sent in the painters to gloss paint the ceiling and clothing got splashed, you would be liable. I suggest it is reasonable to assume that, during office cleaning, small objects are likely to get knocked off desks. And in any case it would seem foolhardy not to lock up or take home an expensive piece of equipment such as a handheld computer when leaving for the night. If you have any concern about this matter I suggest you have a word with your insurers who will be able to give you the precise legal situation.
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