The ownership of Access to Work equipment most commonly resides with the employer. Even if the employee initiated the Access to Work application or the employer did not directly contribute financially, the grant is awarded to the employer, and thus, the employer is considered the legal owner of the equipment and is responsible for its maintenance, insurance, and disposal costs[1][2][5]. The employee cannot automatically keep or take the equipment to another job; permission from the employer is necessary, and arrangements must be made if transfer is possible.
In specific situations, if the equipment is no longer needed by the employer—for example, when the employee leaves—a few outcomes are possible:
- The employer may agree to transfer the equipment to the employee or the new employer, but this must be approved by the original employer and Access to Work[1][2].
- The employer might allow the equipment to be gifted or sold to the employee, in which case a letter of entitlement or a formal handover process should be followed to document the transfer of ownership[2].
- If the employee is self-employed and purchases equipment directly, they own the equipment and are responsible for all related costs[5].
If an employee is leaving their job and believes they will still need their equipment, they should discuss options with their employer and the Access to Work helpline before taking any action. Policies can vary among organizations, so individual internal policies or reasonable adjustments agreements may occasionally make exceptions, allowing employees to keep equipment[1].
In summary: the employer legally owns and controls access to most Access to Work-funded equipment, unless a specific agreement is made to transfer ownership or the employee is self-employed.