Loss of car

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Discussion

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
Some advise would be much appreciated. I've been with the same company for over 20 years now and have had a company car provided. We were taken over recently and the cars are being changed, from a clapped out old vectra to a new BMW 3 series diesel, all that is except mine. I've been told that my position doesn't warrant a car and therefore I can keep the old vectra for the time being until they decide to get rid of it, and after that my car wouldn't be replaced.
I will not be getting a car allowance and will not get any increase in wages to compensate for the loss.
Do I have any rights or is it a case of hard luck?
Just to point out, the car is not mentioned in my contract but a do have past P11D's to prove I have had the car and paid all taxes for it.

TIA

anonymous-user

55 months

Tuesday 1st November 2011
quotequote all
If you're not entitled to a car, then i think the company is being fairly generous in allowing you to keep one for the time being.

CHIEF

2,270 posts

283 months

Tuesday 1st November 2011
quotequote all
Your job might not warrant a car but this seems a little harsh tbh. You've gave 20 years of service and had a car and now every bugger else is getting one bar you.

Yep i'd be pissed.

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
bmw535i said:
If you're not entitled to a car, then i think the company is being fairly generous in allowing you to keep one for the time being.
Thanks for the response, not quite sure what you mean by "entitled".
Am I entitled to one as I've always had one and therefore formed part of my salary. Admittedly I do very few business miles per year, but the miles I do make the company a lot more than the cost of the car.

anonymous-user

55 months

Tuesday 1st November 2011
quotequote all
SimonMaidenhead said:
bmw535i said:
If you're not entitled to a car, then i think the company is being fairly generous in allowing you to keep one for the time being.
Thanks for the response, not quite sure what you mean by "entitled".
Am I entitled to one as I've always had one and therefore formed part of my salary. Admittedly I do very few business miles per year, but the miles I do make the company a lot more than the cost of the car.
You alluded to the lack of entitlement by saying your job didn't warrant having one. Perhaps I misunderstood you?

Perhaps your employers have realised that it has become uneconomical for you to retain it. Unfortunately I can see there being little recourse for you - I standby to be corrected by legal types.

My terms and conditions change regularly with regards to pensions/pay freezes etc and it's just something we have to put up with. I do realise that my line of work is somewhat unique in certain respects, but it does get annoying - I can only sympathise with you at the move in goalposts.

plasticpig

12,932 posts

226 months

Tuesday 1st November 2011
quotequote all
Does the employer have any expectations as to what sort of car you should turn up in to see its clients? Would turning up in your Ultima perhaps send out the wrong message?; or are they providing a pool car or hire car for you business mileage?



condor

8,837 posts

249 months

Tuesday 1st November 2011
quotequote all
If you don't use the car much - then they probably think you could use a pool car or go by taxi/train if needed.
I don't see an issue with that. Buy your own car and don't use it for work purposes.

Eric Mc

122,058 posts

266 months

Tuesday 1st November 2011
quotequote all
What does your employment contract say?

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
Eric Mc said:
What does your employment contract say?
No mention of a car in the contract, just always had one.

anonymous-user

55 months

Tuesday 1st November 2011
quotequote all
SimonMaidenhead said:
No mention of a car in the contract, just always had one.
Again - this does not constitute an entitlement.

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
plasticpig said:
Does the employer have any expectations as to what sort of car you should turn up in to see its clients? Would turning up in your Ultima perhaps send out the wrong message?; or are they providing a pool car or hire car for you business mileage?
Now that would be quite amusing , there was no mention of hiring a car or a pool car being made available. Train or bus were mentioned as alternative modes of transport.

Jerry Can

4,461 posts

224 months

Tuesday 1st November 2011
quotequote all
bmw535i said:
SimonMaidenhead said:
No mention of a car in the contract, just always had one.
Again - this does not constitute an entitlement.
custom and practice tho I would have thought.

when you lose the car your tax code will improve giving you slightly more take home pay - they could argue that this is compensation, however if you have a fuel card you'll be down a couple of grand.

you probably have a case to take to a tribunal, but if you do you'll probably not have a job to celebrate your win with.

thi recession is allowing employers to do all manner oof things that they wouldn't even consider in the good times.

unlucky, but to the OP I would push a bit harder to get something

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
bmw535i said:
Again - this does not constitute an entitlement.
You are quite right sir, however I seem to recall that once you had a perk like a car or healthcare for more than 4 years it automatically became part of your contract, written or not.
I stand to be corrected on this by some one who knows the law regarding this.
Don't mean to sound like a whining employee, I'm just a bit peeved that after 20 years, I'm having effectively a 10k pay cut.

OneDs

1,628 posts

177 months

Tuesday 1st November 2011
quotequote all
So you had a grade related perk not a business need car. Your new employer has changed the qualifying criteria or just simply got rid of all perk cars and as you don't have the business need they don't see why they should give a car.

There are customs & practice questions and those will need to be investigated, but obviously the employer knows this and has already investigated the contractual nature of the benefit and has decide to accept the risk of any challenge. Balls in your court.

anonymous-user

55 months

Tuesday 1st November 2011
quotequote all
SimonMaidenhead said:
bmw535i said:
Again - this does not constitute an entitlement.
You are quite right sir, however I seem to recall that once you had a perk like a car or healthcare for more than 4 years it automatically became part of your contract, written or not.
I stand to be corrected on this by some one who knows the law regarding this.
Don't mean to sound like a whining employee, I'm just a bit peeved that after 20 years, I'm having effectively a 10k pay cut.
Well of course I can understand your displeasure about it, but as to your above comments I can't really say anything on it as I don't know the legal issues. As someone has said, times are tough and employers are seeking ways to cut their costs. It seems that you are in the firing line, although you do at least still have a job which is something to be thankful for.

flyingjase

3,067 posts

232 months

Tuesday 1st November 2011
quotequote all
Usually these 'perks' are at the employers discretion so I suspect that you don't have a leg to stand on if it's not in your contract.

I'm not sure that the loss of a company Vectra is a £10k pay cut though??!!!

As someone said, you will save the company car tax and a Vectra can be bought for a couple of grand, and I suspect you will then get the benefit of a higher business mileage allowance when you do go out on business.

Having said all that, this action seems a bit harsh after 20 years of service and having given you a car throughout that time.

I'm not sure what you do, but perhaps it's time to move on?

SimonMaidenhead

Original Poster:

2,582 posts

204 months

Tuesday 1st November 2011
quotequote all
flyingjase said:
Usually these 'perks' are at the employers discretion so I suspect that you don't have a leg to stand on if it's not in your contract.

I'm not sure that the loss of a company Vectra is a £10k pay cut though??!!!

As someone said, you will save the company car tax and a Vectra can be bought for a couple of grand, and I suspect you will then get the benefit of a higher business mileage allowance when you do go out on business.

Having said all that, this action seems a bit harsh after 20 years of service and having given you a car throughout that time.

I'm not sure what you do, but perhaps it's time to move on?
You make very valid points, particularly at the end. I came to the figure of 10k based on the replacement bmw's that the vectras are being replaced with, what with insurance, tax, devaluation etc I reckoned on 500 a month, so 6k a year. That is after tax of course so a gross of nearer 10?

clived

577 posts

241 months

Tuesday 1st November 2011
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How have you worked out that losing a Vectra is worth £10k per annum?

lemonslap

964 posts

156 months

Tuesday 1st November 2011
quotequote all
Alot of company's have a 12k+ per year rule for requiring a company car for your job. Is your role office based or field?

flyingjase

3,067 posts

232 months

Tuesday 1st November 2011
quotequote all
clived said:
How have you worked out that losing a Vectra is worth £10k per annum?
You may want to read the post above!(not saying I agree with the sums though)