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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a company car and im due to go on maternity leave soon,

Customer Question

i have a company car and im due to go on maternity leave soon, ive been told i can keep the car while on maternity leave. if i dont return to work after my leave will i have to pay the benifit back
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does your contract state you could be asked to repay this benefit in these circumstances?
Customer: replied 1 year ago.
I don't have a up to date contract that includes the company car
Expert:  Ben Jones replied 1 year ago.
You would not be required to repay the benefit of the car unless there was a specific clause in your contract requiring you to do that. The absence of any mention about the company car means that there would be no contractual or legal requirement on you to have to repay this benefit if you do not return from maternity leave. When you are on ML your rights as an employee would remain unaffected and you are entitled to all rights and benefits as normal, apart from those relating to remuneration. Had you received a financial benefit instead of the sue of a company car then there is an argument that this would not be payable during maternity leave but you receive a non-cash benefit as you retain the use of the car so this should continue during your ML and you should not have to repay it if you decide not to return after ML. If the employer asks that of you then that would mean you are being punished for being on ML and that would amount to discrimination, which is unlawful. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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