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Sick leave, employee rights

1235

Comments

  • sangie595
    sangie595 Posts: 6,092 Forumite
    Whilst I have absolute sympathy for the employer in this situation I do think I fall on the side of the OP.

    The car is a benefit of employment and presumably the OP is entitled to use it outside of working hours? If so as it is a benefit of work then they would be entitled to keep it during maternity leave.

    If the OP ONLY uses it for work then I would agree the employer should be able to take it back for use otherwise it would only sit on the drive for 9 months or so.


    I wouldn't disagree - IF the OP could tell us that was the case. But they actually don't know the terms, which has been asked several times now. So we have no idea if the car is part of the work package (driving it home isn't the test - the terms are the test). The OP needs to get their facts lined up, instead of trying to add on other issues as if that answers the question. Adding more "alleged discriminations" - which are not clearly discriminations anyway - does not determine the terms of the car. The terms of the car do that!
  • geoffken
    geoffken Posts: 352 Forumite
    Part of the Furniture Combo Breaker
    Absolute silence from OP so likely she has realised its unlikely they can have car to "swan around" in for a year of maternity
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 July 2016 at 3:54PM
    Just seen this - I know Im a bit late to the party here. OP - if its in your contract that you have a car for personal use then they cannot take it off you if your ill or pregnant.

    Ignore the SOME of them here - a lot of people want things to work like they think, in their head, they should. People fought hard for equal rights for women and to protect things like maternity.

    The car may well be as much part of the overall package as your salary - imagine if any employer said "sorry you're on maternity we're going to break the law and pay you what we want to" there'd be a riot....

    geoffken - I like the use of the phrase "swanning around". I take it you are of the opinion that people on maternity leave should not get to keep the car even if its part of the package?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    edited 3 April at 1:58PM
    [quote=[Deleted User];71025813]Just seen this - I know Im a bit late to the party here. OP - if its in your contract that you have a car for personal use then they cannot take it off you if your ill or pregnant.

    Ignore the rest of them here - a lot of people want things to work like they think, in their head, they should. People fought hard for equal rights for women and to protect things like maternity.

    The car may well be as much part of the overall package as your salary - imagine if any employer said "sorry you're on maternity we're going to break the law and pay you what we want to" there'd be a riot....

    geoffken - I like the use of the phrase "swanning around". I take it you are of the opinion that people on maternity leave should not get to keep the car even if its part of the package?[/QUOTE]

    It perhaps isn't that surprising given what I have seen of your previous posts, but that is extremely offensive to people who put a lot of work into this board. I have never said things should work as I wish them to. Nor have I suggested that people shouldn't have maternity leave rights. Quite the contrary. And I am struggling to see anyone who had suggested either of those things, or not said what you have said - that it depends on the terms, which the OP appears not to have.

    But the OP has also made it clear that they don't give a fig about the employer or their rights. That is no better a stance than the one you think the employer is taking, but don't know because the OP declines to tell us.

    Digging up old posts to insult people who try their very best to give realistic and honest advice is low. Just because you haven't liked all the advice you have had in the past is no reason to use other people's posts to insult the rest of us. Nor does your say-so make us wrong.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 21 July 2016 at 3:56PM
    sangie595 wrote: »
    It perhaps isn't that surprising given what I have seen of your previous posts, but that is extremely offensive to people who put a lot of work into this board. I have never said things should work as I wish them to. Nor have I suggested that people shouldn't have maternity leave rights. Quite the contrary. And I am struggling to see anyone who had suggested either of those things, or not said what you have said - that it depends on the terms, which the OP appears not to have.

    But the OP has also made it clear that they don't give a fig about the employer or their rights. That is no better a stance than the one you think the employer is taking, but don't know because the OP declines to tell us.

    Digging up old posts to insult people who try their very best to give realistic and honest advice is low. Just because you haven't liked all the advice you have had in the past is no reason to use other people's posts to insult the rest of us. Nor does your say-so make us wrong.

    Sangie. I will agree that some people put a lot of effort into these boards but, for others, its just a place to come to get a bit of a rise, show off, and cause an argument. Personally, I think you fall into the first category but a lot inc those on this thread certainly don't.

    You mention about digging up old posts to insult people. I agree with you. There are certain posters on this forum who do just that - as soon as some users post they're straight on doing a search trying to dredge something up. And then you get a comedic/flippant/sarcastic reply.

    Honest advice. Yes from some people. But there are WAY too many who like to pick holes, show off, show everyone else how clever they are etc. A lot of the time the comments are a personal dig at the person and avoid the original topic. I truly believe that there are posters on this forum who appears to get a bit of warm glow that they've got one over on a random person on the internet. Its a bit sad IMHO.

    I agree the OP has not done things correctly but thats not the point here. Take a look at the some of the posts again. Relevant advice or personal opinion and spitefulness that someones getting something they're not and they dont like it?
  • Undervalued
    Undervalued Posts: 9,774 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 3 April at 1:58PM
    [quote=[Deleted User];71025813]Just seen this - I know Im a bit late to the party here. OP - if its in your contract that you have a car for personal use then they cannot take it off you if your ill or pregnant.

    Ignore the rest of them here - a lot of people want things to work like they think, in their head, they should. People fought hard for equal rights for women and to protect things like maternity.

    The car may well be as much part of the overall package as your salary - imagine if any employer said "sorry you're on maternity we're going to break the law and pay you what we want to" there'd be a riot....

    geoffken - I like the use of the phrase "swanning around". I take it you are of the opinion that people on maternity leave should not get to keep the car even if its part of the package?[/QUOTE]

    The key word there is "may". Equally it may not so it depends entirely on the OP's contract. Remember a "contract" of employment is not limited simply to a sheet of paper with the word contract on it. Other terms and conditions, policies, custom and practice can all form a part, regardless of whether they are written down or not. Many employee benefits can be discretionary.

    Discrimination on maternity grounds only comes into this if the OP can show that she is being treated less favourably than another employer purely for that reason.

    It is not uncommon for an employee who is off sick or on holiday to have to temporarily return a company car that would otherwise be available for their private use. Again it depends on the terms under which it was provided.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    edited 3 April at 1:58PM
    [quote=[Deleted User];71026662]Sangie. I will agree that some people put a lot of effort into these boards but, for others, its just a place to come to get a bit of a rise, show off, and cause an argument. Personally, I think you fall into the first category but a lot inc those on this thread certainly don't.

    You mention about digging up old posts to insult people. I agree with you. There are certain posters on this forum who do just that - as soon as some users post they're straight on doing a search trying to dredge something up. And then you get a comedic/flippant/sarcastic reply.

    Honest advice. Yes from some people. But there are WAY too many who like to pick holes, show off, show everyone else how clever they are etc. A lot of the time the comments are a personal dig at the person and avoid the original topic. I truly believe that there are posters on this forum who appears to get a bit of warm glow that they've got one over on a random person on the internet. Its a bit sad IMHO.

    I agree the OP has not done things correctly but thats not the point here. Take a look at the some of the posts again. Relevant advice or personal opinion and spitefulness that someones getting something they're not and they dont like it?[/QUOTE]

    I'm afraid that it appears to me that you are describing yourself here. We will have to disagree as to the motivation of the vast majority of posters on this board. But it seems to me that your posts are motivated by the fact that you haven't liked the advice you got in the past. So you rubbish everyone else, without any real knowledge of what you are telling people who post issues. And you did rubbish everyone else, without exception. How does that make what you any better than those you accuse?

    And with that I am out of this conversation. It is seldom purposeful to try to change minds that don't want to change. Whether the OPs or your....
  • sangie595 wrote: »
    I'm afraid that it appears to me that you are describing yourself here. We will have to disagree as to the motivation of the vast majority of posters on this board. But it seems to me that your posts are motivated by the fact that you haven't liked the advice you got in the past. So you rubbish everyone else, without any real knowledge of what you are telling people who post issues. And you did rubbish everyone else, without exception. How does that make what you any better than those you accuse?

    And with that I am out of this conversation. It is seldom purposeful to try to change minds that don't want to change. Whether the OPs or your....

    Sangie. You will note that I have now amended my post to be more accurate.

    Please tell me one instance where I have reacted badly to a polite on-topic offer of advice? I can bet you won't find one. I will admit to having an issue with posters who:-

    1. Offer their advice on something that wasn't asked in the first place.
    2. Take a holier than thou told you so attitude.
    3. Make personal digs for no reason.
    4. Make comments just to cause as argument.
    5. Make some stupid comment thinking they're funny about a non-related post

    You mention the OP as well. Yes OK they may not have worded things well and you might not like their attitude but there are some people just waiting for someone to make a mistake and their in there.

    I must admit I don't understand why certain people on this forum are so aggressive in their answers.
  • geoffken
    geoffken Posts: 352 Forumite
    Part of the Furniture Combo Breaker
    Hi Paul,
    Looks like you are going through my posts now.
    I too wonder what happened .
    We never found out what the terms and conditions were.
    if it was your small company i.e. workers 1 area manager and then owners would you be happy about the cost of a "wasted car" approx £3000.
    regards
  • geoffken wrote: »
    Hi Paul,
    Looks like you are going through my posts now.
    I too wonder what happened .
    We never found out what the terms and conditions were.
    if it was your small company i.e. workers 1 area manager and then owners would you be happy about the cost of a "wasted car" approx £3000.
    regards

    Co-incidence GK.

    Unfortunately, the law is the law. I appreciate it can hit small companies hard as can things like sickness/maternity leave. Key worker decides to take max time off to have a baby. Surely you're not suggesting we go back to allowing employers to say sorry you're out of here we'll get someone else in?

    Also, a company car can be part of a salary package, i.e. £30K plus car, so, yes I agree to a certain extent, you can't just decide to remove part of the package. I've had jobs like that where the car was a significant part of the deal - otherwise it wouldnt add up. Its like saying, sorry you're on maternity we're going to cut your pay in half.
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