Company car whilst long term sick

hedger

My wife has been diagnosed with Rheum Arthritis which has become so bad she has been off work since August. Her employer has contacted her and requested she return the company car next week. Is this allowed? My wife has no employment contract, just a letter of offer which confirms salary and company car. When she went to the job interview she was offered a salary or a reduced salary + company car with fuel. She accepted the reduced salary (5k less) and car. The employer said he wants to sell the car. My wife is now registered disabled and relies on the vehicle for hospital appointments.
What is the law on this scenario?

somethingcorporate

Do you have legal cover with your home insurance?

Probably best to give them a call if you do.

Undervalued

hedger wrote: »

My wife has been diagnosed with Rheum Arthritis which has become so bad she has been off work since August. Her employer has contacted her and requested she return the company car next week. Is this allowed? My wife has no employment contract, just a letter of offer which confirms salary and company car. When she went to the job interview she was offered a salary or a reduced salary + company car with fuel. She accepted the reduced salary (5k less) and car. The employer said he wants to sell the car. My wife is now registered disabled and relies on the vehicle for hospital appointments.
What is the law on this scenario?

It depends entirely on her "contract" which exists in law even if it isn't written down.

Obviously the absence of a document makes it harder to prove what was agreed.

However, even if the private benefit of the car is regarded as, effectively, part of her salary there is still a potential problem. Is she still getting company sick pay (i.e. more than just SSP)? If so is that a contractual right (Hard to evidence with no paper work) or "discretionary". What is the firm's normal policy?

If company sick ay has run out then, arguably at least, so has the car.

Sorry, probably not what you want to hear.

Another_not_new_user

Undervalued wrote: »

It depends entirely on her "contract" which exists in law even if it isn't written down.

Obviously the absence of a document makes it harder to prove what was agreed.

However, even if the private benefit of the car is regarded as, effectively, part of her salary there is still a potential problem. Is she still getting company sick pay (i.e. more than just SSP)? If so is that a contractual right (Hard to evidence with no paper work) or "discretionary". What is the firm's normal policy?

If company sick ay has run out then, arguably at least, so has the car.

Sorry, probably not what you want to hear.

I would agree. Furthermore, I think there is a relevant argument about ownership and purpose. They gave her a company car for work, which presumably has some token agreement for private mileage - not a car for private mileage with no work usage, whatever the reason. I should also point out that every minute it is in her possession it is a taxable benefit - even if she has no other income - and a very expensive one if there is no business usage.


There are taxis for hospital visits - she surely can't have that many visits that she needs to run a car just for these?