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Contract with a car.... no car!

(15 Posts)
MNcuriousnewbie Tue 14-Feb-17 15:37:25

Hi all

My DH started work for a small company in October. His contract said he'd receive a company car, company mobile phone and company credit card. The latter finally arrived about a month ago but no sign of the first two!

He relentlessly reminds his two bosses (the directors of the company) who tell him it is on their to do list. He was told before Xmas that it would be done in January. I told him to sit them down in a formal meeting towards the end of Jan, to which they did, and they agreed they would get things sorted. That was three weeks ago... he says they've done nothing and are still giving him the run around.

To make matters worse, he turned up on day one with no where to go and no PC to use. They finally cleared him out a desk but the PC they dug him out wasn't fit for purpose and someone else needs it one day a week.... so he has ended up using his own laptop shock

It seems his bosses genuinely do intend to sort these things out for him. But they're not, to his personal detriment! Anyone have any idea if he can do anything???

Thanks!

PerspicaciaTick Tue 14-Feb-17 15:38:47

Start job hunting.

MrsderPunkt Tue 14-Feb-17 15:49:28

Just invoice them every week for calls made from his phone, and travel costs/mileage. Does he need a car for work? or is it just part of his package? Don't take your own laptop to work. I'm surprised that they even allow it.

flowery Tue 14-Feb-17 18:14:33

They are in breach of his contract, by not providing the car he is entitled to as part of his remuneration package it's as if they've docked his pay by several hundred pounds a month.

I'm not sure why he thinks they 'genuinely intend' to provide him with a car and basic work equipment. If they genuinely intended to they would have done it. Buying a computer and leasing a car are not tricky time consuming things to do.

Either they are in severe financial straits, or they are really awful employers who treat employees really badly as a matter of course, or they don't think they'll be keeping him so don't want to commit to a car or similar. Possibly all three of those things.

He needs to be job hunting, but also pushing really hard. If the intention would be to spend £500 a month leasing him a car, then 5 months of that means they effectively owe him £2,500. If they owed him that in salary he'd be jumping up and down I'm sure.

daisychain01 Tue 14-Feb-17 19:32:56

Nowadays company cars tend to be rare - invariably for roles such as sales where significant travelling is part of the job. Mainly because taxation makes it very unattractive. Often people get a car allowance which is taxed as per income but often is a more attractive benefit. Does his contract say "use of company car"? They could wriggle out of giving him a dedicated resource of the car, by letting him have the use of a pool car for specific company business. I'm just guessing but maybe check the wording?

daisychain01 Tue 14-Feb-17 19:34:16

Nowadays lots of companies are getting into BYOD (bring your own device)

daisychain01 Tue 14-Feb-17 19:38:20

Don't they have him over a barrel, flowery? Even if it is a breach of contract, could they be banking on the fact that he won't raise a grievance or go to tribunal. It's a really bad way to treat a new employee. I don't suppose they will win Top Employer of the Year award!

thundermum Tue 14-Feb-17 19:49:50

The wording says: "A company car will be provided to carry out the above role." And then there is a sentence or two around maintenance on it. And that's literally it. His offer letter also mentions a car and says it will be sign written. Neither of us have had company cars so not sure what the set up should/could be.

Interesting about the bring your own device thing. I don't think it really bothers DH as he bought himself a new laptop just before he started. But the contract also says "They employer will supply equipment, files, technical books and literature."

I think they do have him over a barrel because it's not like we have the inclination to start some sort of official action. Plus DH says it's a chatty industry and doesn't want a reputation.

I feel so sorry for him, he works really hard!!

thundermum Tue 14-Feb-17 19:50:43

Oh I changed my name.... I don't know if that links me back to the original post!

(Changed because I wasn't really a newbie anymore and yet don't know how that works... maybe I was too hasty!!)

flowery Tue 14-Feb-17 20:37:32

"Don't they have him over a barrel, flowery? Even if it is a breach of contract, could they be banking on the fact that he won't raise a grievance or go to tribunal"

I expect that's exactly what they're banking on, yes. But I'd say this employment isn't going to work out anyway as they sound awful so he needs to job hunt and pursue this imo.

daisychain01 Tue 14-Feb-17 21:48:41

Yes, I so agree re seeking alternative employment, flowery. If they are like this when he has only just started, it doesn't bode well for the future.

OP even though your DH probably wants to 'soldier on' it will look better on his CV if he can extricate himself now, while the going's good!

Allthebestnamesareused Sat 18-Feb-17 16:35:59

Regarding the car - does he have any duties that he performs that actually needs a car at the moment and if so how is he fulfilling them? (eg. with his own car?)

If so then he can presumably claim mileage and car expenses.
If none of his duties to date have required a car then they don't need to provide one. Is there, for example, a work car that employees take out to use for their duties eg. meeting clients etc?

He may have misunderstood what he was getting.

MojitoMollie Sat 18-Feb-17 16:44:38

If none of his duties to date have required a car then they don't need to provide one.

If its in his contract, of course they have to provide one

flowery Sun 19-Feb-17 03:52:42

"If none of his duties to date have required a car then they don't need to provide one."

What are you talking about? His contract clearly states a company car will be provided. Nothing saying this will only happen if/when he does x y z duties.

GreyStars Sun 19-Feb-17 04:07:00

I lasted two months before walking out on a company just like this, on the surface an excellent opportunity and I picked it out of four offers - thankfully my second choice which turned out to be amazing smile were still interested. So he may be in a position to return to any other offers he received and explain the situation, they may still be looking to recruit. Everyone makes mistakes

They are breaking the terms of his contact with them, they should be giving him enough money to hire a car at the very least whilst he waits.

BYOD is becoming popular but if he has been promised the tools to do his job, he should get the tools for his job.

I left the company as this was just the first in a long line of issues, getting my very reasonable expenses out of them was like getting blood out of a stone, they just made endless excuses and after two months they couldn't keep up with what they claimed to be bit like a right nob I dated once

That company did not last very long after my departure, if a company doesn't give you the tools to do the job then you can't do it to the best of your ability.

And it is irrelevant if he uses the car for work or not, it is part of a package it forms part of your salary what you chose to do with it thereafter is entirely up to you, within reason of course as it is not a shared vehicle it is a taxable benefit.

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