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Company Car.... can they just take it?

5 replies

Bobbyblue22 · 12/04/2012 21:41

Hey all

Would appreciate any advice on this, have googled and googled and can't seem to work it out.

Anyway, a few years ago I had a company car added to my benefits package, as a perk, not a job need car. My company have decided we don't get perks anymore and are about to take it away. So, I get it totally but surely as its part of my package I should be entitled to some manner of financial equivalent? My boss says not and I need to know if I have any legs...

Thank you wise ladies.

OP posts:
hermioneweasley · 12/04/2012 22:20

Particularly as a perk car, it is part of your terms and conditions and shouldn't be unilaterally changed without consultation. If they provide the cars I'm surprised at them taking it away at what is presumably before the contract hire period is up. Have they given any reasons for why they're not offering it any more?

StillSquiffy · 13/04/2012 03:31

You could point out to them that they cannot unilaterally change your contractual terms without your agreement, which is what they are trying to do. Whether or not car is used for business purposes is irrelevant. You could even get a lawyer to draft a quick letter for you to back you up on this (will cost a couple of hundred quid).

If everyone is getting similar cuts then you should club together in fighting this (use the union if you have one). If only you are having a perk taken away then you might want to add to your letter that it seems you are being unfairly discriminated against because this breach is causing your total benefits package to be reduced relative to everyone else's, which is clearly unfair and needs redress.

Pragmatically, though, you will need to weigh up whether taking a determined stance is worth it, or not. Will depend totally on situation (eg is this being driven by extreme business problems), how far removed your own boss is from decision-making process, and whether or not complaining might put you in the firing line for redundancy or similar.

Even if you complain you may find that they still go ahead with this. Large companies make minor changes to their t&cs all the time, and they may argue that this is a process of 'simplifying' terms. However, given that the effect for you is pretty major, normally they should compensate with salary uplift or similar, and this is what you should push for. There is a process by which companies can effectively force people to accept new terms by effectively dismissing everyone and then offering them new contractual terms (with potential redundancy for those who refuse), but it doesn't sound as if they've gone down this route.

There is not enough in your post to get full 'flavour' of what is happening here and why, but the legal situation is that no, they can't do this without your agreement. The issue you have is what to do about it, as there are consequences in complaining and consequences in accepting it.

Bobbyblue22 · 13/04/2012 07:25

Thanks both, very much appreciated. Its complicated because I only found out when the car came up for renewal, I got pretty much fobbed off and smelled a rat. Turns out I was right. for background, I'm the only person in my position with a company car, the company don't 'like' it, it causes problems with other members of staff. I was given a car at a time of promotion instead of a full pay rise, I'm not sure its even in my contract.

My boss isn't the decision maker, and he says I'm the first person this will happen to because my car is up for renewal. As far as I'm aware there has been no directive about the removal of perk cars to anyone else, the company and owners just don't like them.....because of cost I assume. I suspect the problem is that they are worried about setting a precendent with what might be offerred to me.

I'm going to push for a salary uplift, I have explained that I would find the removal of the car without an accompanying salary increase to be a pay cut and therefore unacceptable. My concern is what to do if the answer is no.

OP posts:
flowery · 13/04/2012 09:04

A car is a significant loss as if you want to replace the benefit you'd effectively need to buy or lease another car at your own cost, so I think it's definitely worth fighting.

Point out that having taken advice you understand they are not allowed to alter your terms and conditions without consent. Your benefits including the car are part of your terms and conditions and you do not give consent at this point to removal of it. I'd then say you are happy to discuss the possibility of replacing the car with an equivalent car allowance or equivalent salary uplift.

Bobbyblue22 · 13/04/2012 21:13

I'm going to say those exact words flowery my concern is that they'll say tough tit and then what? Money where mouth is time I guess? I've been there a while and think my stock is pretty high but we'll see. Thanks loads.

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