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Original poster

Company car withheld whilst on maternity leave and in notice period

56 replies

elephantsbreafh · 10/03/2022 10:11

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?

OP posts:
Justkeeppedaling · 10/03/2022 14:50

When did the pay rise happen? You are probably entitled to some back pay.

SmudgeButt · 10/03/2022 14:50

Don't shoot me for asking but why do you need a company car when you're on mat leave?

I get that it's a thing that would be required for work and it would be a pain to have to get your own car when you are home with a new baby and all of that. And that also it's unlikely that someone else would want "your" car for the few months you're on mat leave. Where I work anyone going on mat leave or prolonged unpaid leave needs to hand back all company property for the duration.

GinPalace2 · 10/03/2022 15:02

@SmudgeButt

Don't shoot me for asking but why do you need a company car when you're on mat leave?

I get that it's a thing that would be required for work and it would be a pain to have to get your own car when you are home with a new baby and all of that. And that also it's unlikely that someone else would want "your" car for the few months you're on mat leave. Where I work anyone going on mat leave or prolonged unpaid leave needs to hand back all company property for the duration.

As the OP has a company car they probably don’t have their own car. They, like their colleagues, will be allowed to use it for personal journeys.

A company car is a benefit which legally employees on maternity leave are entitled to continue to receive. The same applies to childcare vouchers etc. Company cars are taxable benefits and so the OP will be paying more tax.

Hoppinggreen · 10/03/2022 15:03

It’s a taxable benefit that OP is entitled to for the duration of her employment, whether she is on Mat leave, working her notice or both.

eurochick · 10/03/2022 15:18

What a fvcker.

Once you've got the car back I would be inclined to reply "so I am clear, are you threatening me with disciplinary action for raising a concern about possible maternity discrimination?"

ISayItLikeItIs · 10/03/2022 15:30

@GinPalace2

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 …

Boo F-ing hoo...All empty threats! You actually have so much ammo in your hands right now...DO NOT BACK DOWN.
GinPalace2 · 10/03/2022 16:02

@ISayItLikeItIs
At the time I posted the key issue was the OP needed her car back. That type of response can make an I’ll informed manager pause for thought about what they are doing.

Clearly a well written grievance with supporting evidence is the best way to proceed now OP is getting the car back.

ISayItLikeItIs · 10/03/2022 16:10

[quote GinPalace2]@ISayItLikeItIs
At the time I posted the key issue was the OP needed her car back. That type of response can make an I’ll informed manager pause for thought about what they are doing.

Clearly a well written grievance with supporting evidence is the best way to proceed now OP is getting the car back.[/quote]
I was actually meant to quote OP's reply about the threatening email she received. Sorry x

ISayItLikeItIs · 10/03/2022 16:12

[quote GinPalace2]@ISayItLikeItIs
At the time I posted the key issue was the OP needed her car back. That type of response can make an I’ll informed manager pause for thought about what they are doing.

Clearly a well written grievance with supporting evidence is the best way to proceed now OP is getting the car back.[/quote]
yes I agree with the grievance as well

GinPalace2 · 10/03/2022 16:32

@ISayItLikeItIs

No problem it’s easy to do. I completely agree with you about the managers response.

MrsPinkCock · 10/03/2022 19:26

Failing to conduct risk assessments, failing to award a pay rise, removing your company car and threatening you with disciplinary action are all potentially acts of discrimination.

You can link a series of discriminatory acts together to support one overall claim.

I appreciate it may not seem worth it for the sake of 3-4 weeks, but honestly; their behaviour is appalling. You can claim compensation for “injury to feelings”, not just loss of earnings/company benefits, so I’d seriously consider pursuing it further!

Original poster
elephantsbreafh · 10/03/2022 21:13

@MrsPinkCock thank you, that’s really interesting. I’m not sure I have a case as they did award a pay rise eventually, but only after I fought and argued it for weeks and had to send HR links to Alabaster etc. There has been another pay rise though that I haven’t been awarded, but probably would get if I subject myself to another few weeks of strongly worded emails and lots of stress. Again, they did eventually carry out a risk assessment after I was so upset and stressed that I refused to go into work until they had made it safe. I was about 6 months pregnant by then! I guess I don’t have much to lose since I have a new job already, perhaps it’s worth pursuing even if just to set a bit of a precedent and hopefully stop them getting away with the same rubbish with anyone else.

OP posts:
HermioneWeasley · 10/03/2022 21:34

I would finish up and then sue them for maternity discrimination. They’re a disgrace

Arucanafeather · 10/03/2022 21:45

Print out the emails now and forward them onto your personal email account so you’ve got them stored in at least two places and have them saved electronically and in hard copy. The threat of disciplinary is astonishing. If you’ve got the energy for it, I would contact an employment solicitor. It does take some energy though it appears from what you’ve written to be a strong case for a solicitor to consider a claim for constructive dismissal (you felt you had no choice but to resign). Enjoy your new job when you start.

TheSandgroper · 11/03/2022 04:30

And another point, I don’t know your total salary package but have you paid tax for the car for x number of days but have been deprived of the benefit?

DockOTheBay · 11/03/2022 04:42

You don't have to make a claim now but it would absolutely be worth doing so. You could get a fair amount of compensation money and also prevent the same thing happening to another woman in future.

Original poster
elephantsbreafh · 11/03/2022 17:19

The saga continues.

I collected the car today. Had to get a lift there, 20 miles away. When I went to get in it, one of my bosses (CEO’s sister-in-law) appeared at her office window directly behind my car and did a huge fake smile and wave and watched as I got in the car to find that they’d run the fuel down to 25 miles in the tank. I can see from the MOT being done on Tuesday that the car has done over 50 miles. Weird since it was deemed so urgently in need of repairs that it couldn’t be returned to me, yet it’s been returned to me unrepaired and has been a bit of a wander. There’s no doubt in my mind that they have purposely run it for 50 miles to ensure it only had a dribble of fuel in it when I collected it. I can’t prove that but I get business fuel paid for, so I was going to email and let them know I was expecting a mileage payment for the 50-odd miles plus the journey to and from to collect the car. Is this reasonable? Finding it hard to think straight as I’m so angry. Annoyingly I think they are trying to wind me up and it’s definitely working. I’m drafting a formal grievance this weekend so will be including all of this.

OP posts:
GinPalace2 · 12/03/2022 00:41

This is all adding to your case. Yes request the money and add it to your grievance . If they pay you can withdraw it from your grievance.

Bubblesandsqueak1 · 12/03/2022 01:01

Wow you sound like hard work

Bubblesandsqueak1 · 12/03/2022 01:02

They

Original poster
elephantsbreafh · 12/03/2022 06:10

@GinPalace2 thank you. I’ve started drafting my grievance. Having never done this before, is it only recommended to include issues that they haven’t taken action on? I have issue with the way that my pregnancy was initially handled and the fact that I felt I was put at risk. Although they did eventually (months into my pregnancy) take steps to mitigate risk I would like some answers as to why certain decisions were taken which I felt were negligent. Do you know if this is something I can include in my grievance?

OP posts:
LakieLady · 12/03/2022 07:14

@Bubblesandsqueak1

Wow you sound like hard work
Yes, it's such hard work when employees insist on getting what they are legally entitled to, isn't it? Especially those pesky women, expecting equal treatment when they're on mat leave. Hmm

If employers find this sort of thing "hard work", they should get their bloody employment practices in order and just do things right. It's not fucking rocket science.

Arucanafeather · 12/03/2022 08:24

You can raise a grievance after you’ve handed your notice in but they can change how they respond as you’ve handed your notice in. In most cases of constructive dismissal (where you had you notice in because you feel you have no choice because of the way they’ve treated you) an Employment Tribunal would look to see whether you raised a grievance before you resigned. If you’re looking for potential financial compensation then I would have a chat with an employment solicitor at this point. Otherwise, be clear what the purpose of your grievance is given you have now resigned.

AdobeWanKenobi · 12/03/2022 08:38

@LakieLady bit harsh. Did you miss where @Bubblesandsqueak1 corrected their mistake underneath.
“They” sound like hard work.

GinPalace2 · 12/03/2022 08:49

It depends on their grievance policy, typically you can only raise a grievance of incidents within the last 3 months. However, yours is a series of maternity related incidents which show ongoing discrimination.

Produce a time line, in a table or Excel, that states all the incidents and the evidence you have to support your claims.

Then, as @Arucanafeather says, work out what you want out of the grievance e.g. an apology, costs such as the petrol, the second pay award etc. However, be realistic. Once you have done this then contact a solicitor - check if your house insurance includes legal protection.