advice on t&c,s on my company car pls

deano72_2

hi.i have been with my company for 11 years now & have allways had a company car.in aprill this year i will be touppe across to another company but there policy is that there employes have vans only.im not to happy about this so am hoping to have a car but am not totally sure what my t&cs mean excatly & after speaking to HR they seem to think im not entitled to a car..
heres what it says in my contract

9.bennifits company car
you are eligible for a company vehicle which will be
provided in line with the company car policy,a copy
of which is available from HR department

to me it looks like im entitled to a car,but i know these things are cleverly written so that it can basically mean what it likes..so any advice would be appreciated

Gene_Hunt_2

deano72 wrote: »

hi.i have been with my company for 11 years now & have allways had a company car.in aprill this year i will be touppe across to another company but there policy is that there employes have vans only.im not to happy about this so am hoping to have a car but am not totally sure what my t&cs mean excatly & after speaking to HR they seem to think im not entitled to a car..
heres what it says in my contract

9.bennifits company car
you are eligible for a company vehicle which will be
provided in line with the company car policy,a copy
of which is available from HR department

to me it looks like im entitled to a car,but i know these things are cleverly written so that it can basically mean what it likes..so any advice would be appreciated

It says vehicle.

LandyAndy

deano72 wrote: »

hi.i have been with my company for 11 years now & have allways had a company car.in aprill this year i will be touppe across to another company but there policy is that there employes have vans only.im not to happy about this so am hoping to have a car but am not totally sure what my t&cs mean excatly & after speaking to HR they seem to think im not entitled to a car..
heres what it says in my contract

9.bennifits company car
you are eligible for a company vehicle which will be
provided in line with the company car policy,a copy
of which is available from HR department

to me it looks like im entitled to a car,but i know these things are cleverly written so that it can basically mean what it likes..so any advice would be appreciated

have you got a copy?

deano72_2

LandyAndy wrote: »

have you got a copy?

no i havent,hr will hopefully be sending me one tho.i suspect im snookered here,but the other engineres which currently have vans on there T&Cs in section 9 benefits.company van & no mention of car.
il have to wait and see what there policy is i supose

goldspanners

take the company van,don't use it for personal use then you pay no tax on it.
then go out and buy yourself a car of you're own if you want one.

colino

Normally TUPE transfers result in carrying over things like cars to a) keep you onside and b) prevent the faffing about of returning cars through mid-lease etc. Talk to your HR people and show how many problems changing your current working conditions would hurt you.

sirmarcus

colino wrote: »

Normally TUPE transfers result in carrying over things like cars to a) keep you onside and b) prevent the faffing about of returning cars through mid-lease etc. Talk to your HR people and show how many problems changing your current working conditions would hurt you.

Afraid not....TUPE will only cover you for what is currently explicitly defined in your contract . If you have T&Cs in your contract with your current employer, these will be passed across to you with your new employer.

Suggest that you speak to your new employer's HR dept to clarify your rights for a company car and also ensure that it agrees with your current HR dept.

BillTrac

A few years ago (mid-90s) when I worked for ADT..(spit,spit) they merged with Thorn Security under the Tyco umbrella. All the Thorn engineers had unmarked Mondeos, whereas ADT engineers had marked Escort estates and vans. All the Thorn engineers were immediately given estates/vans dependant on whether they were installation or service engineers.

I don't know if things are different when you are Tupe'd but as the contract part you quoted says vehicle, although it is a company car policy it is very wide and I expect you are stuffed.

deano72_2

yep i spect im stuffed but will push for a car as i dont want to go & take a loan out to buy a car then ins/tax ect.i thought under tupe rules i should be no worse of,but if i have to take the van then i will have to get a loan for the car then surely i am worse of.

LITTLEMISS

Well,if you think you are stuffed,you will be.I work for an outsourcing company in the legal side HR and have worked on many TUPE projects for various contracts.Your contract states..Benefits...Company Car...Thats the way i can see it..thats how a judge at a tribunal would see it as well and you had a car for eleven years..Case closed.Thats the good news,now the bad.The new company want to give you and sixty others a van,how many in that sixty one staff would actually persue a claim for constructive dismissal,thats your option,the answer is none of you.The new firm would have talked and are banking on this.Go to a tribunal and you would win,cave in and your have a van,a loan,tax,no claims bonus and petrol to pay for,tyres,Ect........Under TUPE,your terms and conditions are carried over to protect the employee only.If the new company are worth anything,they would not rock the boat by upsetting the new staff anyway,see how they play it,if they dont care about your terms and conditions,look for another job.Hope i helped..

deano72_2

Thanks that gives me more of a positive outlook which inturn gives me more of a positive attitude not to cave in