Changing your T&C's
Discussion
T&Cs can and do change a lot, usually accommodating changes in the law or the law's approach to certain issues.
We received a briefing from our legal eagles following the McLaren/Ferrari Spygate thing a few years back that exposed possible grey areas in employment issues whereby the owner of the business was liable for the actions of the employee - even if the employee was acting on his/her own. Then as is often the case, it just boils down to the way things are written.
What they can't do is change the fabric of your employment beyond the scope entitled to them legally (or agreed in your original T&Cs when you joined).
We received a briefing from our legal eagles following the McLaren/Ferrari Spygate thing a few years back that exposed possible grey areas in employment issues whereby the owner of the business was liable for the actions of the employee - even if the employee was acting on his/her own. Then as is often the case, it just boils down to the way things are written.
What they can't do is change the fabric of your employment beyond the scope entitled to them legally (or agreed in your original T&Cs when you joined).
StevieBee said:
T&Cs can and do change a lot, usually accommodating changes in the law or the law's approach to certain issues.
We received a briefing from our legal eagles following the McLaren/Ferrari Spygate thing a few years back that exposed possible grey areas in employment issues whereby the owner of the business was liable for the actions of the employee - even if the employee was acting on his/her own. Then as is often the case, it just boils down to the way things are written.
What they can't do is change the fabric of your employment beyond the scope entitled to them legally (or agreed in your original T&Cs when you joined).
Change is finacial. Removal of Car allowance unless you maintain a record of a minimum 10k miles per year business milage every year.We received a briefing from our legal eagles following the McLaren/Ferrari Spygate thing a few years back that exposed possible grey areas in employment issues whereby the owner of the business was liable for the actions of the employee - even if the employee was acting on his/her own. Then as is often the case, it just boils down to the way things are written.
What they can't do is change the fabric of your employment beyond the scope entitled to them legally (or agreed in your original T&Cs when you joined).
So last two years I've done 25k plus miles in my private car, so I qualify. As my role this year will be significantly single office based, I wont qualify. Efectivly will lose the £5600 car allowance. If I then do 25k miles again the following year I'll re-qualify but then get a lower rate.
Tony*T3 said:
So last two years I've done 25k plus miles in my private car, so I qualify. As my role this year will be significantly single office based, I wont qualify.
So the T&C's haven't changed if your role doesn't change - if you did the same role you would still qualify and you would be no worse off. Though "worse off" is an arguable point because if you're doing 25k miles a year then the £5600 compensates you for wear & tear on your own car and loss in value on a high mileage car. By not putting 25k extra mileage on your private car you are saving all sorts of running costs and depreciation.But your role has changed to an office based one. So the question/issue is around the role change. Did you agree to the new office based role ONLY if you got to keep the car allowance?
Edited by Mr Overheads on Friday 26th February 09:20
cs02rm0 said:
Sounds like he agreed to the role change, not aware of any change to his compensation and after that they moved the goalposts.
CHanged role comes from client based work. This client is based in one office, whereas previous clients based all over.Mate has had company car(s) for 13 years. Got mail yesterday saying he had to hand CC back on monday due to his role currently being based in one client office.
Change in T&C's is company wide, affecting 40,000+ users in the UK. What we had yesterday, we dont have tomorrow.
Will still need to maintain a suitble car for business milage, as although wont qualify for allowane (10k+ miles) will still be doing 5-6k miles a year.
Tony*T3 said:
My company just sent me a letter stating they've changed my T&C's.
Is that it? Can the really just do this? They've changed their policies, and my T&C's without any warning what so ever.....
Worked for them 9 years
Do you mean your terms of employment? If so, no, not really, you cannot unilaterally change a contract (if you could I've have changed mine in my bank to say they have to pay me £10000 a day for each day I attend the office etc. etc) .Is that it? Can the really just do this? They've changed their policies, and my T&C's without any warning what so ever.....
Worked for them 9 years
A contract is an agreement between two parties. So you must agree to those changes.
However, in the real world, you have little choice as a rule but to "agree" or they may find a way to get rid of you. Therefore, it is something to think about. Of course, if you deem those terms too henious for whatever reason you might be able to argue constructive dismissal...
Tony*T3 said:
Mr Overheads said:
Do you get 40p a mile for the 5k to 6k miles?
Not currently, just 15p. However, I think if I lose the allowance completely I'll get the 42p a mile rate. Not confirmed yet though.6000miles x 42p = £2,520 less cost of running your car for 6000miles
250000 x 15p + £5600 allowance = £9,150 less cost of running your car for 25000 miles.
Biggest cost difference will be the Fuel for the 19,000miles difference at £1.10 per litre. Which only you can calculate as you haven't said what private car you use.
1 mile per gallon = 3.78541178 litres per mile
So lets say it's 35mpg average = 0.108154622 litres per mile
So 19,000miles uses 2055litres = £2,260 of fuel saved hence that's half of the £5400 you've lost already not lost.
Other large costs will be extra servicing, tyres, insurance, depreciation. I've got you started so look up the stats for your car, you might actually be better off doing less miles but at 42p.
I do this type of cost analysis for a living but on Electric, Telecoms, Mobiles etc.
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