Company car

kaisersoze_2

Yesterday i was called to a meeting and told that as of midnight the department i worked in was been closed down (we had an overall company) so i was technically been made redundant.

I have had a company car (its not written into my contract) for 10 months that i paid for petrol and the company then paid me a rate for my business mileage. We have been given 1 months notice and told not to bother working it but i have been told to return the car straight away.

I thought i would be allowed to keep the car for my notice period but they have said that the car was only for business use and as such i must return it.

I was wondering if this is correct as i dispute it was only for business use because i had sole use of the car at all times including personal mileage and see it as part of my salary.

Apologies for the long post and i hope it makes sense to somebody.

McKneff

Not sure but I thought you were allowed to keep it till the end of your employment from reading on here some other time. I'm sure an expert will be along to clarify.

Why wasn't it written into your contract then?

Out of curiosity, how long have you worked for the company

kaisersoze_2

McKneff wrote: »

Not sure but I thought you were allowed to keep it till the end of your employment from reading on here some other time. I'm sure an expert will be along to clarify.

Why wasn't it written into your contract then?

Out of curiosity, how long have you worked for the company

Thanks for your reply.

Its a bit of a strange one in that i have worked for the same employer for 15 years but the original company was put into administration after 14 years and the whole staff were then signed up as members of a new company a LLP (so no redundancy although this seems to be a grey area) still doing the same job under the same trading name (the parent company changed)

The car was another persons who left and i was asked if i wanted it but nothing was put into my contract.

getmore4less

You need to fight for continuation of service.

12 weeks notice and 15 years for redundancy

without any agreement they could probably remove the car at any time.

McKneff

I would speak to someone at ACAS about the redundancy situation to be honest.
Its an awful lot of money to lose (if they are trying it on)
If it is continuation of service you would be entitled to 12 weeks notice and 15 weeks redundancy so I would really really go into it. (redundancy if 1.5 weeks for each full year of service for any years served over the age of 41)

I think we have a couple of Employment Law experts on the boards so hopefully they will spot your post later.

kaisersoze_2

Thanks for your replys

I will speak to ACAS today but i am a member of the LLP so technically self employed hence no redundancy.

missile

I would say car is here if you want to come and collect it.

kaisersoze_2

getmore4less wrote: »

You need to fight for continuation of service.

12 weeks notice and 15 years for redundancy

without any agreement they could probably remove the car at any time.

Can i fight for continuation of service if the company went from been Ltd to LLP and i went from an employee to self employed (although according to HMRC website i am still classed as an employee)?

kaisersoze_2

Thanks for all your reply's but......

Company have just told me that the car will no longer be insured from midnight tomorrow. It was for business use and i was allowed to keep it at my place of residence and i need to arrange to give it back tomorrow.

McKneff

Tell them to come and get it, It will have to be shifted before the insurance runs out. It will be against the law to have it on a drive or on the road after that.

It doesnt sound as if you have been self employed really, who has been paying your tax and NI.

The HMRC decides who is self employed and who isnt. Did you register self employed when the new company took over.

kaisersoze_2

McKneff wrote: »

Tell them to come and get it, It will have to be shifted before the insurance runs out. It will be against the law to have it on a drive or on the road after that.

It doesnt sound as if you have been self employed really, who has been paying your tax and NI.

The HMRC decides who is self employed and who isnt. Did you register self employed when the new company took over.

The Tax and NI is taken at source and the company supply's accountants who will calculate our self assessment forms as we are paid "drawings" that are equal to our old net salary from the original company plus a little bit as we don't pay as much NI.

We were registered as self employed with HMRC and added to companies register as directors when the LLP was started.