Sick leave, employee rights

murzite

Hi all

Got few issues with my employer while on sick leave plus need to leave soon for maternity:

I have been signed off work by doctor until end this month, due to leave on maternity at beginning of May (returning to work for one week only, in between)

1. They want company car back, asap - must be valeted and filled up with fuel, i cant drive because of recent operation. if i wont do it boss want to charge me

2. Asking my partner, who is not employed by company, to do above things for me, that out of line, as he is not insured on company's insurance policy

3. And when i'm returning to work, change my work duties, with out my agreement etc to office only, i'm area manager and with flexible working hours, can they do that, plus office it about 30 miles away and they are picking up my work car

Just need a bit of advice, can they pick up company car and disturb me during sick leave?
How should i get to work, when i return from sick leave, as they don't prove me with transport?

Guest101

murzite wrote: »

Hi all

Got few issues with my employer while on sick leave plus need to leave soon for maternity:

I have been signed off work by doctor until end this month, due to leave on maternity at beginning of May (returning to work for one week only, in between)

1. They want company car back, asap - must be valeted and filled up with fuel, i cant drive because of recent operation. if i wont do it boss want to charge me - charge you what and for what? I presume you've told them they can pick it up at their leisure?

2. Asking my partner, who is not employed by company, to do above things for me, that out of line, as he is not insured on company's insurance policy - Why is he even speaking to them?

3. And when i'm returning to work, change my work duties, with out my agreement etc to office only, i'm area manager and with flexible working hours, can they do that, plus office it about 30 miles away and they are picking up my work car - Are you returning prior to maternity?

Just need a bit of advice, can they pick up company car and disturb me during sick leave?
How should i get to work, when i return from sick leave, as they don't prove me with transport?

1: Can they disturb you? well yes, they can contact you
2: Can they pick up the car? Probably yes, your contract may say something about this?
3: Bus, Train, Walk, Cycle? or buy your own car?

maisie_cat

Are you sure that they are entitled to the car back during maternity leave? I thought that the entitlement continued and I'm sure that they have been case heard at tribunals around cars and car allowances. Might be worth checking both your contract and for any legal cases. I've covered mat leave a few times and in all cases the permanent employee kept their car

murzite

its nothing in my contract or employee and book regarding company car, yes, i would like to return to work for this company.

i didnt know that i can keep hold of this car.

Guest101

murzite wrote: »

its nothing in my contract or employee and book regarding company car, yes, i would like to return to work for this company.

i didnt know that i can keep hold of this car.

You might be able to. But it depends, is it a pool car that you can use, but so can others?

murzite

my partner is not talking to them, its was mentioned in one of emails.
change me for valeting car, as after op i cant get to car wash, cant drive at moment. and have sick not from doctor.
yes, im returning from maternity.

sangie595

murzite wrote: »

Hi all

Got few issues with my employer while on sick leave plus need to leave soon for maternity:

I have been signed off work by doctor until end this month, due to leave on maternity at beginning of May (returning to work for one week only, in between)

1. They want company car back, asap - must be valeted and filled up with fuel, i cant drive because of recent operation. if i wont do it boss want to charge me

2. Asking my partner, who is not employed by company, to do above things for me, that out of line, as he is not insured on company's insurance policy

3. And when i'm returning to work, change my work duties, with out my agreement etc to office only, i'm area manager and with flexible working hours, can they do that, plus office it about 30 miles away and they are picking up my work car

Just need a bit of advice, can they pick up company car and disturb me during sick leave?
How should i get to work, when i return from sick leave, as they don't prove me with transport?

Assuming that the sickness is not maternity related, then there are two matters here and not one, and whilst they are related, they are not the same thing. In any case the answer starts with the terms of your company car agreement. And without knowing that, it's hard to comment.

In terms of sick leave, I think you are on thin ice here. I know it is just a week, but you are on light duties and not traveling on company business. Employers don't provide company cars for employees to simply get to work - or at least, not unless you are in the wages bracket who don't need to ask questions here! Commuting to and from work does not require a company car, and I am afraid this is probably a case of " welcome to the rest of the world " . At least yippy have just a week of it. But light duties isn't your normal job, and as a result the employer can vary the terms - because you are doing the same, and not doing your normal job.

It's the maternity leave, of course, which is the bigger issue. And it's murky, not least because we don't know the terms of your car, and you haven't asked the employer for an explanation of why they are doing this. You need to find both of these for us to answer well. But yes, there is some case law. And it might help you. But again, it depends on whether it applies to your specific terms and situation.

murzite

thank you. They need my company car because new employee is due to start for business. They will send me terms and conditions of my employment then i will be able to find out about company car.
My job is area manager, so to do it, i was given a car, otherwise its wouldn't be possible for me to complete my job. Yes, in employee handbook there is point that they are able to change my terms and conditions regarding my job duties, but thats have to be agreed on both parts?
Office is 30miles a way from my home, doing my normal duties as area manager i always have gone there by car, now they want to strip everything from me, looks like i dont have rights and they would like to get me off payroll before my maternity starts.

sangie595

murzite wrote: »

thank you. They need my company car because new employee is due to start for business. They will send me terms and conditions of my employment then i will be able to find out about company car.
My job is area manager, so to do it, i was given a car, otherwise its wouldn't be possible for me to complete my job. Yes, in employee handbook there is point that they are able to change my terms and conditions regarding my job duties, but thats have to be agreed on both parts?
Office is 30miles a way from my home, doing my normal duties as area manager i always have gone there by car, now they want to strip everything from me, looks like i dont have rights and they would like to get me off payroll before my maternity starts.

I don't think anyone said that you don't have any rights, and they certainly are not stripping you of everything! They are saying to return the car because you cannot use it for business which is what it is really for. They may or may not be able to do that, but without asking them why they are doing it and consulting the terms of the agreement / contract, we don't know anything.

They are not changing your duties unilaterally - they are changing them temporarily as a result of your sickness which means that you can't work and that you will only be back for a week before you go off again - if you in fact come back for that week, which they cannot predict you will. The car is there to enable you to fulfil your duties as an area manager - you will be hammered by tax anyway if you are using it only for personal use, which includes commuting to work. It isn't that people are not sympathetic, but most people have to travel to work under their own steam - their employers don't provide them with a car, and 30 miles isn't all that far these days. Feeling sorry for yourself isn't going to sort this out. You need to ask them the question as to why it is being taken, and what the terms of the car have been - these must be written down somewhere, and I would be surprised if there aren't any because normally you would have to sign something to get a company car. If those terms are that they can take the company car back - it isn't your personal car, it's a company car - then they will have that information in writing. There may be other issues - their insurers may not offer insurance if it is being used primarily for personal use. Or as others have suggested, it may in fact be a pool car and can be offered to anyone - the fact that you have had it may simply be because when in work you need it. The fact is that you don't know and we can't guess.

Tiddlywinks

OP - You come across as a really entitled 'princess'.

You are employed as an area manager - at that level I would expect you to know and understand your terms of service.

Look at your contract - that will tell you about your 'rights' to have and use a company car. Surely you will have checked this out already as you are so close to going on maternity leave.

You mention you live 30 miles away from work - so what? That's your choice. Millions of people (pregnant, young, old, single mums, disabled etc) manage to commute large distances without a company car every day - imagine that!

You're in a management grade - do what is required and read the policies and act like a responsible member of the team.

The company is there to run a business and make a profit - it is not solely there to provide you with a job and a car on your terms.

murzite

im employed as area manager, not as admin staff.
I know that im only returning for one week only, but still change of terms and conditions have to be agreed by both parts.
And due to this changes they want to remove car, im paying tax on it already, and have since day one of employment. They do know that i dont have personal car or any other way to get there, no buss service etc.
Probably they just want my resignation, as i dont want to agree on this changes and i wont be able to make to work place for this one week.