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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have dismissed an employee on Sosr effective today with 8

Resolved Question:

I have dismissed an employee on Sosr effective today with 8 weeks pay lieu of notice as per contract of employment. We bought all our 6 staff company cars 18 months ago, all paid for other the fuel as a perk. It was not written into any contracts. Does this employee have the right to use the car for the 8 weeks or should she give the car back as of today when the. Contract of employment was terminated.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. If she has been dismissed with notice then she should be allowed to retain the car and fuel (as a perk) for the notice period. Whilst it is not written into the contracts there is clearly a contractual right to this through custom and pracitce. If you remove this right then she could bring a breach of contract claim against you.

taratill :

If you have any further questions please do ask.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: But the contractual obligation has been brought forward as the the contractual clause that we are allowed to pay in lieu of notice therefore bringing the date of termination to today?
taratill :

Normally pay in lieu of notice includes pay of benefits as well as basic pay for the notice period, unless the contract specifies that the benefits are not payable during a period of notice. That is why she will be able to claim for the loss of benefits for the notice period if you fail to pay her.

taratill :

Oboiusly you can try just not paying her and then take a view if she threatens to bring a claim on that basis.

Customer: Thank you very much for your advice.
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