Company car withheld whilst on maternity leave and in notice period

[elephantsbreafh]

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?

They’ve said they’ll pay my November pay rise in my final salary, but that they’ll be deducting professional fees that they reimbursed me for in January (before I’d resigned). Nothing in my contract to say that they can do this upon resignation. Can I claim for unlawful deduction if they do this?

I’ve also contacted other ex-colleagues to ask if they had their fees deducted when they left. If so, I’ll accept it but if not then surely it’s discrimination again?

Are your professional fees paid in advance? If so, I’d expect to only be reimbursed for the fees period covering the time you’ve been employed.

@Soontobe60 yes, they’re paid in advance. I’d have expected the company to have written this into my contract though, otherwise I won’t have agreed to the deduction?

[quote elephantsbreafh]@Soontobe60 yes, they’re paid in advance. I’d have expected the company to have written this into my contract though, otherwise I won’t have agreed to the deduction?[/quote]
I’d say the difficulty is that it isn’t in your contract then. They’ve therefore not broken the terms of your contract.

If they've paid those professional fees in the past, then does it become custom and practice although it's not in your contract? Recovering a proportion of those fees pro rated for the remaining months of the professional organisation's fee year would seem more appropriate. If you are a member of a professional body, you may be able to access employment law advice via them.