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    • Andyweave
    • By Andyweave 14th Sep 18, 4:13 PM
    • 2Posts
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    Andyweave
    Help with a dispute with employer
    • #1
    • 14th Sep 18, 4:13 PM
    Help with a dispute with employer 14th Sep 18 at 4:13 PM
    Hi
    So I work for as a contractor for a local authority, I am paid by the contracted company 8:30 till 5. I have a company van that I am not allowed to use for personal use. The job I do requires me to travel all over the District and only go to an office 30mins in the day, rest of the time is visiting clients etc. My home to the area I work is around 30mins shortest to 1hour. I am aware of the Tyco - ECJ ruling.
    On taking the job I signed a declaration stating that on leave I would make available the van, at times have to take the van 40miles to the contractors office in my own time and my own expense. This year I informally made known through the actual working practice of this I did not agree. My employer then sent the declaration out again for us to sign again; I replied that I did not agree with this practice and will not be signing it. He did not reply.
    However, now I am due to go on leave and have stated that I will leave the van in the secure car park at the local authorityís office, where the van is required (which I feel is appropriate and realistic) but we have since had arguments with regards this and I now feel I will either be dismissed as I wonít take the van to his offices as it is unpaid and my own expense, or I will issue intent of giving notice to end the employment.

    I am due for a meeting with him on Monday any ideas?
Page 1
    • Comms69
    • By Comms69 14th Sep 18, 4:21 PM
    • 5,499 Posts
    • 5,609 Thanks
    Comms69
    • #2
    • 14th Sep 18, 4:21 PM
    • #2
    • 14th Sep 18, 4:21 PM
    Hi
    So I work for as a contractor for a local authority, I am paid by the contracted company 8:30 till 5. I have a company van that I am not allowed to use for personal use. The job I do requires me to travel all over the District and only go to an office 30mins in the day, rest of the time is visiting clients etc. My home to the area I work is around 30mins shortest to 1hour. I am aware of the Tyco - ECJ ruling.
    On taking the job I signed a declaration stating that on leave I would make available the van, at times have to take the van 40miles to the contractors office in my own time and my own expense. This year I informally made known through the actual working practice of this I did not agree. My employer then sent the declaration out again for us to sign again; I replied that I did not agree with this practice and will not be signing it. He did not reply.
    However, now I am due to go on leave and have stated that I will leave the van in the secure car park at the local authorityís office, where the van is required (which I feel is appropriate and realistic) but we have since had arguments with regards this and I now feel I will either be dismissed as I wonít take the van to his offices as it is unpaid and my own expense, or I will issue intent of giving notice to end the employment.

    I am due for a meeting with him on Monday any ideas?
    Originally posted by Andyweave


    Let's get the basic out of the way - how long have you worked there?




    It seems reasonable that the van is returned to the office, rather than the LA carpark. Your home location isn't really relevant, your employer didn't house you there.
    • Andyweave
    • By Andyweave 14th Sep 18, 4:27 PM
    • 2 Posts
    • 0 Thanks
    Andyweave
    • #3
    • 14th Sep 18, 4:27 PM
    • #3
    • 14th Sep 18, 4:27 PM
    1.5 years, no the boss didn’t House me there, however he also isn’t paying me for the time it takes out of my holiday and cost to take the van out of the area of work. I did not volunteer to work where he lives!
    • Comms69
    • By Comms69 14th Sep 18, 4:31 PM
    • 5,499 Posts
    • 5,609 Thanks
    Comms69
    • #4
    • 14th Sep 18, 4:31 PM
    • #4
    • 14th Sep 18, 4:31 PM
    1.5 years, no the boss didnít House me there, however he also isnít paying me for the time it takes out of my holiday and cost to take the van out of the area of work. I did not volunteer to work where he lives!
    Originally posted by Andyweave


    Ok so you have no employment rights.


    Typically commuting isn't paid for, so I don't think you've any claim there. The terms of employment state the van must be returned to the head office (or whatnot) when you take leave, fundamentally that seems reasonable.


    You did volunteer to work for the company. No-one forced you.


    Sorry this isn't what you want to hear.
    • sangie595
    • By sangie595 14th Sep 18, 4:37 PM
    • 5,642 Posts
    • 9,756 Thanks
    sangie595
    • #5
    • 14th Sep 18, 4:37 PM
    • #5
    • 14th Sep 18, 4:37 PM
    It doesn't matter what you signed or didn't sign. You know what the term is. You carried on working. So you've agreed the term in law. I doubt they'll be too upset to receive your notice- don't bother telling them you intend to resign, just do it and drop the van where your are supposed to or they'll deduct payment for your failure to do so from final wages. Make sure you have another job to go to when you get back from holiday, as I don't think you'll find the DWP in the least bit sympathetic.
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