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.

Hmm I don’t think returning it is unreasonable if that’s the condition you received it in. Having said that DH’s company car went back recently and they collected/ was not cleaned/ nearly empty petrol tank.

Its not her property. Its a work tool provided to her by her Employer.

Obtaining a MOT and maintaining the car is an obligation of the company to provide a safe work environment and safe work equipment.

And as the driver of said car it’s her responsibility that it’s insured and roadworthy. If stopped with no MOT it will be OP getting the fine not the employer.

The car needs to go back before the MOT expires.

If you are able to return it then I would just do so however it sounds like a logistical nightmare if you have no easy way to get home again! I would check all paperwork to see what T&Cs say and argue the case if needs be. I don't see why you can't return it to the local branch and then HO make appropriate plans for it afterwards. I've not had personal experience but a friend of mine had a company car given to him which he and another colleague had to drive an hour away to ex-employee's home to collect..... It was in a right state inside too!!

[quote elephantsbreafh]@CandyLeBonBon there should be a HR department but there’s not, there’s one lady who does it and she doesn’t have a clue. I had a bit of a battle just to get my SMP calculated correctly[/quote]
Sounds like a right shit show - would ACAS be able to give you some better advice? The paperwork side of things sounds properly sketchy!

45 minutes?

Sorry, this is a bit of a fuss about nothing, I thought you meant at least a couple of hours.

You must get the MOT sorted before its due date.

they'll either want you to sort out the mot or they must and you cant drive it-its illegal

@MrPenguinsPoppers

Its not her property. Its a work tool provided to her by her Employer.

Obtaining a MOT and maintaining the car is an obligation of the company to provide a safe work environment and safe work equipment.

And as the driver of said car it’s her responsibility that it’s insured and roadworthy. If stopped with no MOT it will be OP getting the fine not the employer.

The car needs to go back before the MOT expires.

She has a personal responsibility not to drive a car which is not in compliance with the current legislation. But as I understand it both the driver and the person who allowed the driver drive the car can be brought up on charges. The person giving permission is normally not included but is chargeable by allowing the car be driven on the road. This is because the motor legislation is usually designed to cover both domestic and commercial vehicles (and when the owner claims not to know who was driving).

As the owner and employer the ultimate responsibility for the car remains with them. Crappy driving, insurance, MOT, routine maintenance, even who is allowed to change a tyer should all be covered by a written policy. As the OP is currently on leave she has no obligation to perform work tasks so the company can ask but she has no obligation to comply.

When my dh handed in his notice his office arranged for the car to be collected, we had it washed and cleaned as they would have deducted that cost plus any damage.
His office headquarters were an hour's drive away but they arranged a local company to collect the car.

He never paid for services or mot, it was all taken care of by management.
If there's no contract stating the condition they want it back in plus they knew about the damage and it wasn't your fault then just make it clear with management that it will be cleaned and ready for collection or you'll be happy to return it to their nearest offices

I genuinely find it mind boggling that your employer would loan you a company car with no contractual documents (not even a company car policy?)

If there really is nothing at all in writing then they’ll find it difficult to deduct anything from you or require you to clean it, fuel it, or return it.

I’d probably be reasonable and return it in a clean state with some fuel though, if only to preserve a reference in future…

Whenever DP gets a new company car, he has it valeted and topped with petrol. I’m pretty sure this is the norm.

I would return it to wherever they are asking before the MOT expires, otherwise that’s going to be another issue for you to sort out potentially.

I think I’d take it somewhere to get it cleaned or clean it myself and fill it up with petrol. They’ve allowed you to keep the car despite you being on mat leave ( so not using for work uses).

Yes it’ll be a pain taking it back but you’ll be working for another company soon.

Sorry, this is a bit of a fuss about nothing

To YOU, maybe. Surprisingly, other people have different thresholds for what makes their lives difficult. 🙄

Return it before the MOT is due up, I don't think it's unreasonable of them to ask for the car to be returned to their Head Office in the circumstances.

Is it reasonable to expect employee to pay for valet and fuel

No. Employee is only required to provide the keys, perhaps drop off at a registered office, and advise of the location of the car.

The worst I ever heard of, involved the keys plus a parking ticket for Heathrow T1 short term parking being left at reception.

Bit of a scramble to get someone to collect it

@elephantsbreafh

I had a fuel card so it wasn’t delivered with a full tank but didn’t really matter! I think I did collect it but I can’t remember as it’s been a while - I must have. And obviously it isn’t in the same condition now as it was damaged and they decided not to fix it. Just difficult without any sort of paper trail. I get a P11D every year for tax and that’s the only proof I have that I have a company car

It sounds like you did collect so I think you should drop back. With as much fuel as when you collected in the absence of a contract saying otherwise and in a clean condition akin to when collected it. In terms of the damage hopefully you have evidence of this- if the damage is your fault I'd expect to pay costs associated with remedying this either personally or via insurance and if not then not, unless you've a written agreement saying otherwise.