Return of company car following employee resignation

[elephantsbreafh]

Looking for outside opinions

Background:
Employee of 5+ years has company car (not leased)
Company car was cosmetically damaged a few years ago, company not employee did not fix it
Employee has resigned
Company would like car returned to office (45 mins from employee, not employee’s usual place of work)
Company would like car valeted and with a full tank of fuel on return at employee’s expense
No contract so nothing to refer to

Is it reasonable to expect employee to pay for valet and fuel when company have not even bothered to fix previous damage ie, it’s not in a great state anywhere so effectively polishing a turd at employee’s expense. Is it reasonable to expect employee to return car or should an option to have it collected be offered?

Out of context but in case relevant - employee was on maternity leave, statutory mat pay only and does not have another vehicle yet. Head office in remote location with no public transport.

Thanks.

@SolasAnla

If you are resigning during statutory mat leave, you are on leave and its ultimatly up to the company to recover its business asset.

The car should be returned to its original collection point or if nearer the employees usual place of work provided there is a parking space on the premise.

The Employer should be applying the appropriate legal deductions for any employees personal use as this is taxable remuneration. As a contracted benifit in kind unless the employee breached a contract term the employe owes the company nothing for personal use.
Company costs should be paid for by the company, so any fuel costs incurred by an employee should be repaid to the employee.
If the employee has a fuel card then its not unreasonable to request that the employee to use company time and money to fill the tank.

Returning the car in a clean state without valeting is also acceptable unless there was a prior written agreement all additional costs should be picked up by the company.

Check the HR policy if there is no written agreement in place at the time of receiving the car or during the time of having the car the company cant deduct costs with out a contractual agreement.

@SolasAnla - I'd agree with this too.

No I'd return as it is. I wouldn't pay out of pocket gor a valet, nor petrol.

I'd clean the inside myself and run it through a carwash.
I'd put put half a tank of fuel in (which I'd partially use myself) to return it to their premises.
Have you been using it as a domestic car while on maternity leave?

@SpiderinaWingMirror

I would honestly just tell them in the first instance it's logistally impossible for you to take it to them. See what they say.

@SpiderinaWingMirror - so someone from the (small) company has to collect the car?!

If you work in a large company/gov org where they'll have couriers/staff on hand to e.g. deliver office equipment/furniture etc then feasibly if correct insurance is in place yes, 2 people could come to OP's home, check the car and then 1 of them drive it back to the office. A small company why would they do this? Or hire a pick up truck/transporter vehicle to return it. Too much expenditure.

It is not the company's fault the employee lives rurally and it's logistically impossible to return it to them.

OP - I do feel your pain. Is it possible to coincide this with a trip to the town/city where your ex employers are based? How would you return home after the car is dropped off at ex employers?

@Youcansaythatagainandagain

I'd clean the inside myself and run it through a carwash. I'd put put half a tank of fuel in (which I'd partially use myself) to return it to their premises. Have you been using it as a domestic car while on maternity leave?

@Youcansaythatagainandagain - exactly what I'd do. Clean inside myself and run through car wash and half tank fuel. Nothing more nothing less.

And agreed if I drove it back I'd use fuel partially to return to ex employers.

You say it needs an MOT. Is it expired? Because if it is you can't drive it anywhere.

Slightly random but it doesn't sound like it's worth much so if you wanted maybe you could offer to buy it?

By valeting I assume cleaning? Yes DH has a company car and he has to pay for that and ensure it goes to the appropriate company approved location for everything from garages to when he gives it up. This shouldn’t be news to you - it’s pretty much the standard way company car schemes work. Not sure what you being on maternity has to do with it?

I drove many company cars over the years. I shifted my stuff out of them and returned them, basically clean but otherwise untouched.

Are you still insured to drive it?

So I saw a legal thread on this exact thing

Basically the solicitors said In the uk. It’s up to the company to collect the car.

If there is no terms. You can’t ask anything. You can try. But legally he wouldnt have to comply.

Unless they are utter bastards they should try and be reasonably helpful to you as a humane curtesy

I would meet them half way ( literally if necessary) for future reference issues

Not being mean but you are rural with a baby and presumably knew your were leaving so should have sorted car

Can you pay someone to drive the car back for you , I paid a couple of guys to pick a veichle and trailer up for me and drive it to my house as I was frightened of driving all that way with a trailer without practice , google it

Also check whether you’re insured to drive the car still.

www.reddit.com/r/LegalAdviceUK/comments/glyoz1/redundancy_and_returning_company_car/?utm_source=share&utm_medium=ios_app&utm_name=iossmf

When my company car had to be returned it was collected.

It is not the company's fault the employee lives rurally and it's logistically impossible to return it to them.

Well in that case, it isn't the OP's fault the company are based in a rural location making it logistically impossible to return the car....

@RincewindsHat

I mean, I'd get it cleaned (costs £15 for a decent inside & out clean at the hand car wash place near me) but not sure I'd do the full tank of fuel.

Wow, its £40 here!

@elephantsbreafh

You do not have to anything with no contract and that includes leaving the car at your home for them to collect & an empty tank

Just a quick wash and vacuum is reasonable.

Company car insurance lapses when you no longer work for them -
If you are in your notice period you could return it but then they should pay for your return journey home.

I'd just email them and tell them where the car is and give them 7 days to collect it.

If its MOT has expired you can't drive it anyway, unless you're driving it to have the MOT.

Anyway, this doesn't sound like a company car in the true sense. Sounds like a car they own and have lent to you and now they want it back. Seems reasonable.

@VanGoghsDog

Pretty lucky you weren't asked to pay for the damage yourself, that would be the norm.

Bollocks.

@elephantsbreafh

Can the company deduct the cost of a valet from wages if car isn’t valeted?

I’m the employee obviously. Company have been a nightmare since I got pregnant. I do not want to do them any favours - will return car to them if that seems reasonable, it’s just a logistic nightmare with young baby and no other transport yet

They absolutely CANNOT deduct a penny from your wages unless it's in your contract. Law is clear on this. They can be sued in tribunal and you'd win.

If there's nothing in the contract about having it valeted or full of petrol, I wouldn't be doing that, no. Unless they had something you want so you can use as a negotiating point.

Have you thought about dropping the car at the office at the weekend? You could then film it / photograph it in front of the office and track any damage. You'd then have a couple of choices re the keys: either pop them in an envelope and post them through the door (addressed to the appropriate person/department) or get a courier to send them during office hours on the Monday. You can then prove delivery when they're signed for. If they kick off that the weekend is one/two days too late, deliver it back the previous weekend instead.

Are your company aware that the fuel card has expired? If not then it is reasonable of them to expect a full tank (on the fuel card) but returning it with a full tank out of your pocket isn’t something that should be expected.

As it is the company’s asset, all work on the car should be paid for (repair etc) by the company. However as a company asset I would expect it to be returned in the cleanest possible state (as you would a rental property or car).

The return to the office is not unusual, they would expect you to make your way home/as you did to the office on your first day.

My suggestion to you is to arrange a hire car to be delivered to you at work and picked up from home. Or a taxi. Unfortunately getting to work and home again will always be the employees responsibility. If you worked in an office and didn’t have a job with a company car you are expected to get their and home off your own back. Just because it is a rural office - doesn’t mean they have to accommodate you.

In addition, if you had been made redundant/fired I would expect them to pick the car up but not as you’ve resigned.