Employment law ????
 

Anyone one know how much notice a company should give if they want to withdraw the use of a company van to travel to and from work, had the van 3 years so guess it must form part of my terms and conditions after that period of time
All answers appreiciated
thanks
Ian

Ian

i don't know the answer , but is there anything in your contract of employment regarding the use of the van.

The Inland Revenue have recently changed the taxation situation for benfits in kind for use of company vans, must ask my accountant, or hopefully when someone like Beancounter comes along he should be able to give you a definative answer.

Don't believe there is a statutory time but should if you have a contract be in there. If not in a staff handbook.

Revenue position should not affect it.

If it's in the contract then you have it till the end of that contract. If they give you 3 months redundancy notice and then let you go early you still have the right to keep the van until your last official day. If it's not in the contract but is company policy then they are entitled to withdraw that right.

Not all terms of your employment are necessarily in your written contract. As you've had the van for 3 years, it could be considered an implied term of your contract that they provide the van IF your job requires the use of one.

Unilateral changes to contracts (changes made by an employer without the employee's agreement) can be justified on the grounds that they had some sound business reason for making the change. My advice would be to put your grievance i.e. the loss of the facility of a van, in writing. Any grievance must be dealt with under the statutory minimum Grievance Procedure rules so you will at least get a proper explanation. If you don't, you have grounds for a complaint to a tribunal.

You can stay in your job and still be compensated for the loss if you were to take the matter to an employment tribunal but you need to make your non-acceptance of the position clear from the outset. Saying nothing is usually deemed to be acceptance. Employees very often just keep quiet because they are worried they'll rock the boat. It depends how important this issue is to you. Do you have a union? Other people similarly affected? If so, speak to them and see what you can do on a softly softly approach.

PS I'm not a qualified solicitor but I have done a fair bit of employment law in my quest to become one so hope this helps. :D

[Edited on 6-10-2005 by Redruth]

There could be an issue in why they want to stop you taking the van home.

If its just the vindictive whim of "da boss" for no good reason following up on the "employment law" side might help.

Unless you know for deffo why and tell us then we only have a partial grasp of the issue.

e.g. they may have just realised that what they are allowing is gonna cost them and or you either cash or cause legal/ tax issues.


Ray

[Edited on 6-10-2005 by Ray]

Thanks for the replies, the reason they want to take it away is they have asked for people to go on a call out rota, and said this is voluntary, however if you refuse they want to take away the van to travel to and from work (I go to various different sites during a working day)
The new tax rules regarding company vans came in in April where no tax is payable if the van is only used for work and commuting with no private useage. This has been the terms I have had my van for the past 3 years

Ian