Company car withheld whilst on maternity leave and in notice period

elephantsbreafh · 2022-03-10T10:11:41+00:00

I’m on my last month of maternity leave. I handed my notice in as I’m starting a new job next month, so I still have about a month left. I get a company car (benefit in kind, taxable) with my current role. I took it for it’s MOT this week and have called the garage to arrange to collect it again. They’ve basically said that they’ve been told to withhold it from me and I’ve to contact my boss. I’ve done this but haven’t heard back from them. My baby’s car seat is in the car. Not sure where I stand with this legally as I know I’m entitled to use of the car until my last working day. I also don’t have a contract that sets out any terms of the company car, it was all very casual - I’m not sure if this makes a difference. Can anyone help? Shall I contact ACAS?

ISayItLikeItIs · 10/03/2022 10:34

That's very cheeky of them! Could they not have contacted you direct to let you know that you need to turn in the car asap at least then you'd be prepared and cleared out the car. Because there's no contract defining the terms its kind of a sticky one. Def contact ACAS and see what they say!

Original poster

elephantsbreafh · 10/03/2022 10:41

I’ve heard back from my boss. They’ve said that they’ve taken the car to have bodywork repaired from an accident about 3 years ago. They said now is a sensible time to have it done since the car is available and I’m not getting it back. I told them now isn’t a sensible time as the car isn’t available and I’m entitled to use it til my last day. They said ‘I know but it needs repaired, sorry’. I’m angry beyond belief. Why does it suddenly need repaired now, when it’s been damaged for years? And the car will be available for as many repairs as they like in 3 weeks time. To not have even told me they were doing this either just feels so sneaky and horrible. I’m going to call ACAS but I just don’t know what else I can do.

OP posts:

ISayItLikeItIs · 10/03/2022 10:46

@elephantsbreafh

I’ve heard back from my boss. They’ve said that they’ve taken the car to have bodywork repaired from an accident about 3 years ago. They said now is a sensible time to have it done since the car is available and I’m not getting it back. I told them now isn’t a sensible time as the car isn’t available and I’m entitled to use it til my last day. They said ‘I know but it needs repaired, sorry’. I’m angry beyond belief. Why does it suddenly need repaired now, when it’s been damaged for years? And the car will be available for as many repairs as they like in 3 weeks time. To not have even told me they were doing this either just feels so sneaky and horrible. I’m going to call ACAS but I just don’t know what else I can do.

Excuses excuses....They're probably P'd off you've resigned whilst on maternity leave and they're being petty that's all. I hate companies like this

titchy · 10/03/2022 10:48

Tell them to arrange a hire car for the remaining few weeks. Perhaps the garage has one available? Pretty shitty of them though

Undertheoldlindentree · 10/03/2022 10:50

If a company car needs repair (or even just routine servicing/MOT), it's usual to be provided with a hire or courtesy car in the meantime.

GinPalace2 · 10/03/2022 10:56

Definitely talk to ACAS.

It is reasonable to get a car repaired, but you would expect a temporary replacement e.g. pool car, hire car or courtesy car.

Check with colleagues and T & Cs to gather evidence of when a colleague, particularly a male colleague, needed repairs to their car and they were given a courtesy car etc..

Lodge a grievance for maternity discrimination and possibly sex discrimination. As you are leaving also lodge an ET1.

You may also want to claim theft of car seat and/or loss of use of car seat. Had they been reasonable and given you notice you would have removed the car seat.

Original poster

elephantsbreafh · 10/03/2022 13:04

Thank you all. When I think about it from this perspective, I can see how unfair it is. This would never have happened to a colleague not on maternity leave. You don’t have your car sneakily plucked from you after an MOT with no notice and all of your belongings inside and you aren’t even told about it until you phone the garage to collect it. I’m still waiting for a reply from the boss but it looks like another day without the car or my car seat. I’ve spoken to ACAS and will go down the maternity discrimination route if necessary. For the sake of 3-4 weeks, I’m not sure it’s worth the hassle but I also don’t want them to get away with it. There have been multiple other issues during my pregnancy and maternity leave, including not awarding pay rises that all other colleagues received and lack of risk assessments. So very glad I’m leaving!

OP posts:

Hoppinggreen · 10/03/2022 13:10

That is bloody outrageous
Your car is provided under your employment contract presumably and you are taxed for having one so they can’t just take it off you.
A company tried with me when I left after MAT leave as one of the managers fancied my brand new car and I said I would only swap it for one of an equivalent value so they decided not to bother.
Do you have a HR dept to speak to or can you try ACAS?

WeAreTheHeroes · 10/03/2022 13:13

Do you have a company credit card that is still working? If so, can you hire a car using it? If you're being taxed for this as a benefit, them you need to email payroll and tell them the car has been taken from you as of x date.

GinPalace2 · 10/03/2022 13:55

The pay rise is also discrimination as per Alabaster judgement 2005. I believe Pregnant but Screwed has a lot of useful info. pregnantthenscrewed.com/

I would send a warning shot to your manager I.e. I have personal property in the car including a car seat. Deliberately Depriving me of my property is theft. Please return my property to me by 17:00 on Friday 11 March 2022. Let me know by 17:00 today whether I should collect my property from the car dealership or if you will deliver it to my home.

TooManyPJs · 10/03/2022 13:57

I would definitely be getting advice about this as PPs have said and be dropping the "D" word into all future communications. What CFs.

topcat2014 · 10/03/2022 13:59

Obviously they need to pay you a car allowance instead as well.
A company car forms part of your pay.
Quite correctly, you keep it whilst on Mat Leave.
Some employers are just shitty.

VaulterTech · 10/03/2022 14:00

Are you classed as now on gardening leave? I had this and it was actually in my contract that the car was then retained by my employer for that period. (It sounds as though this is not the case here but just wanted to flag it)

Justkeeppedaling · 10/03/2022 14:06

Presumably you're still being taxed on the car - have you reminded them about that?

Original poster

elephantsbreafh · 10/03/2022 14:07

No, not on gardening leave.

I mentioned the fact that I was concerned that this would not be an issue for another colleague who was not on maternity leave, and that they would not be left without a vehicle with no notice. I was sent the following, and actually feel a bit threatened by it.

‘I disagree with your assumptions and you have no evidence whatsoever to make such allegations. I put you on notice that such comments, if continued, could lead to disciplinary action needing to be taken by your employer.

That said, only fair and proper to advise you to steer away from current line of argument, I can arrange for the work to be done at a later date.’

Good news is I’m getting the car back tomorrow, bad news is being warned about disciplinary action for raising concerns about discrimination. Not sure what disciplinary action they could take when I’ve handed my notice in anyway. I think I’ve just made him angry that he’s had to concede, if I’m honest.

OP posts:

ISayItLikeItIs · 10/03/2022 14:08

@elephantsbreafh

Thank you all. When I think about it from this perspective, I can see how unfair it is. This would never have happened to a colleague not on maternity leave. You don’t have your car sneakily plucked from you after an MOT with no notice and all of your belongings inside and you aren’t even told about it until you phone the garage to collect it. I’m still waiting for a reply from the boss but it looks like another day without the car or my car seat. I’ve spoken to ACAS and will go down the maternity discrimination route if necessary. For the sake of 3-4 weeks, I’m not sure it’s worth the hassle but I also don’t want them to get away with it. There have been multiple other issues during my pregnancy and maternity leave, including not awarding pay rises that all other colleagues received and lack of risk assessments. So very glad I’m leaving!

Do not let it slide. Also not offering you a pay rise because you were on maternity leave when everyone else in got one is discrimination! Talk to ACAS about that too.

GinPalace2 · 10/03/2022 14:08

Couple of routine questions, are you in a TU ? if so ask them for assistance.

Do you have legal cover on your house or car insurance (your own car if you have one)? If so they may help pay for a solicitor.

You may also want to add on to the email I suggested “ You may want to talk to HR and ask them for advice. HR will be aware that Pregnancy and maternity are protected characteristics under the Equality Act 2010. Not paying me a pay rise is discrimination (Alabaster), not allowing me to have a company car or payment in lieu is discrimination. Additionally, failure to carry out risk assessments whilst I was pregnant is discrimination as well as breach of Health and Safety. Add anything else in …

Movingonup22 · 10/03/2022 14:11

On what grounds is raising concerns about discrimination reasonable grounds for discrimination??

Fuckers

I’d be going for them for the pay rise and this tbh

Sunshinegirl82 · 10/03/2022 14:16

It is unlawful to treat someone badly because they complained about discrimination. It is known as victimisation. You might want to send your boss this link:

www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/victimisation/

Sounds like you are well rid of them, they sound charming!

WhatTheWhoTheWhatThe · 10/03/2022 14:17

I’d take the car back then wipe the floor with them over the pay rise and that threatening email!

GinPalace2 · 10/03/2022 14:18

Good news.

My last post overlapped so don’t send the emails as the immediate issue is resolved.

Threatening you with disciplinary is out of order.

Take your time and gather together evidence then consider whether or not you want the hassle of lodging a grievance, including threatening disciplinary action for exercising your employment rights/contractual rights.

My advice would be to wait until you have left then write to the CEO, copied to HR and your manager pointing out all the discrimination and threats etc. Don’t ask for anything just wait to see what their response is.

This way you make sure they are all aware they have behaved unlawfully, you feel better because you have your say but don’t have to go through a grievance.

Reallybadidea · 10/03/2022 14:20

What an idiot for putting it in writing! Make sure you keep a copy.

MrsTerryPratchett · 10/03/2022 14:21

Very foolish of them to put that in writing. But they sound very foolish so that makes sense.

Original poster

elephantsbreafh · 10/03/2022 14:22

Unfortunately the emails and the person I am dealing with is the CEO. He deals with the company cars and I was told to get in touch with him when the garage said they couldn’t release my car to me. My line manager hasn’t been involved. HR is one lady who is very close to the CEO and the other director is his wife. It’s all very close knit and I already know the whole of head office will know about this, as that’s how they are. I’ll have a think about whether I want to go down the grievance route, but as long as I get the car back tomorrow then I’m not sure I have the energy to deal with them any further. There have been so many issues and it’s caused me a lot of stress. I’ll just be glad to be rid of them. I did eventually get the pay rise after, again, a lot of stress whilst I was pregnant. But there has been a second one that I didn’t receive, so I could follow that up but I’ll see how I feel once the dust from this has settled. Thanks for all of your help and advice, it really helped me to see things clearly.

OP posts:

RosalindFranklinsphoto · 10/03/2022 14:24

@elephantsbreafh

No, not on gardening leave.

I mentioned the fact that I was concerned that this would not be an issue for another colleague who was not on maternity leave, and that they would not be left without a vehicle with no notice. I was sent the following, and actually feel a bit threatened by it.

‘I disagree with your assumptions and you have no evidence whatsoever to make such allegations. I put you on notice that such comments, if continued, could lead to disciplinary action needing to be taken by your employer.

That said, only fair and proper to advise you to steer away from current line of argument, I can arrange for the work to be done at a later date.’

Good news is I’m getting the car back tomorrow, bad news is being warned about disciplinary action for raising concerns about discrimination. Not sure what disciplinary action they could take when I’ve handed my notice in anyway. I think I’ve just made him angry that he’s had to concede, if I’m honest.

Hi have a look at Maternity Rights www.maternity action.org.uk they are taking the piss and a successful sex discrimination claim has unlimited compensation