company taking car off me when I go back after ML

[Gribble]

Just after some opinions on this situation.

Before I went on mat leave I was called into an impromptu meeting with my senior manager who told me when I return from ML I won't have my company car anymore. Their reason being I dont use it enough (its a mix of a perk and work necessity), the reassons I didnt use it enough are not my fault (long story but a snippet is they put me on accounts with control freaks for managers who very rarely let me go to clients and then when I got pg they said I wasnt to go out on my own and had to go in someone elses car - tbh there is alot of back story about this company and their approach towards pregnant employees and how Ive been treated in the past with DS1 but thats another thread).

As you can imagine I was taken by surprise and the only question I asked was what they had used as criteria to decide this. I got a very quick and short "look its not just you who is having the car removed, we are basing it on a number of factors blah blah" - the truth is I know for a fact I have still used it alot more than others who are keeping theirs. Infact now I am on ML I have discovered my car has been allocated to someone who never goes out of the office. (I now get a car allowance while on ML which suits me fine atm but the car allowance will also be removed wen I return). I then got an email from the Director when he got wind of my question which said that a decision had not yet been made about the car . I have still not heard anything but knowing them as I do the email from the MD was just to shut me up.

My question is can they just tell me they are removing it without discussion? Ive had a co car for about 4-5 years so thought it was now part of my contract. Im worried how I will cover the massive insurance and general running costs when I go back as I'll have no salary increase to make up for me losing the car / allowance.

If it isn't part of your job to travel now then I can see why they are going to remove it. It sounds more like a perk.

When I go back I will have to still travel to go to meetings, but will have to use someone elses car. The cars are a mixture of work necessity and a perk, and the car I had has been given to someone who doesnt have to go out of the office

It seems rather unfair then.

tbh I dont mind not having the car, I just feel I should get some sort of monetary compensation for it. Id be lying though if I said it didnt piss me off that its been taken from me without discussion, I mean I was on my dinner when I was called into his office for this 2 minute announcement.

As I say there are many other issues with this company (my role has been replaced permanently so when I go back Im not sure what I'll be doing) and tbh this car thing is the last straw

Is the allocation of a car part of your contractual remuneration package? If so, they can't remove it without your agreement to a variation of your contract.

If it is part of your contract they need your agreement as it was part of your original offer in accepting the position.

If you do very low mileage there is a really good chance that you will financially better off not having a company car. Most of my staff who had company cars have requested to give them up and use the HMRC fixed profit scheme as they are much better off this way.

Thistle / Soiree - it wasnt part of my initial contract but I thought if something has been in place for a significant period of time it becomes part of your contract?

Lizcat - Id say my mileage was average, and as I say Im not too bothered about losing the car as such (it was shite for petrol costs)

Bit of backstory - before I went on ML I was on an account (no choice in the matter) which was based at another location which meant a fair amount of travel (about 3/4 of an hour on top of my normal journey) and they 'sweetened' it by saying that its not as if I have wear and tear on my own car. This was the account I was expecting to go back to but I was replaced permanently when I went on ML, so I guess my other beef is that if I hadnt got pg Id still be on that account so would still have the car IYSWIM?

Infact there is a whole load of other stuff that Im not sure how to deal with. I did have flexible working in place from DS1 and was told that it was only because I was on that account that they could do it. Now Im worried that they will refuse any further requests because I am no longer on that account, but I am only not on that account because Ive been permanently replaced.

Their reasons for removing it don't matter as such, because it's a benefit, rather than just a business tool. If it were a car you kept at work and used for travel to work meetings, they could withdraw it if no longer necessary.

But if it's a contractual benefit you receive, ie you have personal use of it, including commuting etc, then they can't withdraw it in the same way as they can't suddenly reduce your holiday entitlement.

It's already been replaced by a car allowance, which is certainly a benefit rather than a business tool, or even remuneration, ie part of your salary. They can't cut that without your consent, no.

I would suggest writing back saying you note that they intend to reduce your remuneration package by stopping your car allowance. Having taken advice you understand your consent is required to amend your terms and conditions in this way, and you would like to take this opportunity to notify them formally that you do not give consent to this proposed change.

Are you paying tax on the car as a benefit in kind? If so, it is part of your contract I would say, and they can't withdraw it as they would be able to if it were a pool car that lived at work and you just took out as needed.

Carole - yes I pay tax on the car and am allowed unlimited use of it for personal use.

thanks for the advice flowery. Will do that. Im not even after the full car allowance value even if they did take it off me, just something to cover the now astronomical cost of having to run my own after all this time.

If you don't have car any more and are receiving a cash allowance instead you shouldn't also be paying tax on a historical benefit-in-kind car you used to have.

If they wanted to change the benefit back to a physical car, that would be ok, but withdrawing it altogether isn't.

thanks again flowery - ive noticed my tax code hasnt changed so will get in touch with hmrc to check they know I dont have the car anymore. I was told by work they'd sort it but dont think they have.

And yes they do just want to withdraw the car when i go back and have already stated in this 2min 'meeting' that i shouldnt expect the car allowance when i go back either or my old job

will take your advice and get in touch with them