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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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We have a gentleman with a company vehicle which is up for

Resolved Question:

We have a gentleman with a company vehicle which is up for renewal the end of this month. The gentle used to travel a lot to visit customers however in 2013/14 he accepted a change of job role which means he is based from home. He is expected to visit wednesbury from his Manchester location once a month (which hasn't happened for 3 + months) he pays for his private mileage each month and again this forms confirms that he hasn't visited any work locations for a number of months. Would it be acceptable in the circumstances to down grade his vehicle taking the above into consideration. He would still be issued with a vehicle just not as expensive .
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long has he worked for you for?
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. How long have you benefited from this provision for?
Customer: replied 1 year ago.

Im not sure what you mean ?

Expert:  taratill replied 1 year ago.
I am sorry Emma there seems to be a problem with the site at the moment. please ignore the last post. how long has he worked for you for?
Customer: replied 1 year ago.

since 1997 however the car issued in 2001 due to change of job role ie visiting customers on a daily basis. His work from home role commenced 2013.

Expert:  taratill replied 1 year ago.
What does his contract state about the grade of his vehicle? And is there anything in the contract which states he has that particular vehicle because he is an 'essential car user'?
Customer: replied 1 year ago.

No nothing specific just that he would be issued issued with a vehicle in line with his role at the time

Expert:  taratill replied 1 year ago.
Was it clear that this was to do with the travelling in the role or might it have been because of the status?
Customer: replied 1 year ago.

His contract reads:

"The employee is allocated a Company vehicle, in line with Company policy, for the performance of his/her duties. He/she will have non exclusive use of this vehicle which may be used for both business and private purposes and will be subject to statutory and company regulations"

Expert:  taratill replied 1 year ago.
Ok unless the company policy states that the vehicle can be changed or removed in the circumstances you describe there is a potential that he could bring a breach of contract claim for the loss of value of the difference between the two company cars unless he either agrees to the change (which he might if you explain the reasons) or is given proper formal notice of the change a week per years service. I think it is likely that the wording of the policy might allow you to do this without risk but you would need to carefully check it first. Is there anything further you would like to know?
Customer: replied 1 year ago.

No that's perfect I will proceed with caution - many thanks

Expert:  taratill replied 1 year ago.
no problem , all the best. please remember to rate my answer before leaving the site as I am not otherwise paid for working on this question. Do come back to me in the future if you need to.
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