Return company car whilst on Sick Leave???

MissMotivation

Hi

I've posted here before about some issues i have with my employer and got some really good advice and support, however I now have another problem that I would appeciate some advice on.

I've been off work for the past 6 weeks, on Saturday i received a letter from my employer asking me to call them to arrange collection of my company car, is this normal? I really don't want to give it back if i can help it as it would cause all sorts of problems getting DD to school etc.

I need to call them at some point today so any advice would be really helpful.

Thanks

Bean_Counter

MissMotivation wrote: »

I've been off work for the past 6 weeks, on Saturday i received a letter from my employer asking me to call them to arrange collection of my company car, is this normal? I really don't want to give it back if i can help it as it would cause all sorts of problems getting DD to school etc.

I do not think this is normal at all and certainly not something that I would think about doing to someone on sick leave.

Is there anything about it in your contract? I would guess that your contract says that you are entitled to a company car, so I do not see any reason to return it just because you are off sick.

SomeBozo

I've been off work for the past 6 weeks

have you been signed off by the doc? And if so for how long? If its a long(ish) time this is why they want the car back.

Its standard practice really, my company has a policy (that you have to sign - have you got a copy of it?) that says for extended periods of absence they have the right to ask for the car back.

After all its a funded car by the company for the purposes of work, and you are not there.

Not what you want to hear, but I suspect there is little you can do (though do check you argreement)

SomeBozo

MissMotivation

Yes I've been signed off by the Doctor.

I havn't signed anything to say that they have the right to ask for car back if on sick leave and there is nothing in my contract or company handbook about it which is why i'm concerned.

Its not what i wanted to hear no, however, if it has to go back then it has to go back!

cazziebo

The answer will be in your contract.

Generally if the entitlement to a company car is a "perk" ie because of position then you are usually able to keep the the car while absent. If the entitlement is "to carry out work" (or words to that effect) then you wouldn't be able to keep it.

However, as somebozo says, any clause that says something like "may be withdrawn at any time" "at company discretion" etc would supercede the above and the car would have to be returned.

SomeBozo

I havn't signed anything to say that they have the right to ask for car back

Are you sure?

Its normally in the contract that talks about "keeping good care of the car".

I would be extremeley surprised if it was not in there, it would be be the first company car agreement I have seen in 15 years that did not include it.

Some Bozo

zzzLazyDaisy

It is unusual for a company car to be returned during periods of sick leave.

Sometimes the contract states that the car is provided for the 'better performance of your duties' or something along those lines. In that case the employer may ask for the car back during extended periods of absence.

Check your employment handbook for any provisions relating to company cars, and also check under the sickness absence provisions.

If the company has not reserved the right to take the car back during periods of absence, then the car is part of your contractual package and the company would be in breach of contract to ask for it back (this is especially the case if you are on full pay as it can be inferred from the contract that your normal terms and conditions remain intact during your sick-leave).

Depensing on the reason for your absence, the company could also be in breach of the disability discrimination act.

It might be worth a phone call to ACAS, for advice.

Andy_L

It is possible that there's been a communications !!!!-up & they just need the car back for servicing etc

SomeBozo

zzzLazyDaisy wrote: »

It is unusual for a company car to be returned during periods of sick leave.

Short absences yes, long absences are different.

Bozo

Alleycat

What about the tax implications? My OH when he had a company car had to pay higher tax, so if it was returned whilst you are on sick leave I assume they would amend your tax code? Certainly something to enquire about.

pinkshoes

At the last company I worked at, someone was off sick for nearly 6 months, so he had to return his car so that others could use it during the day to visit other companies. There policy stated that company cars are for use by other employees too, hence it had to be at work during the day, and he had to return it.