How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48159
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

We are looking to change an individuals terms and

Resolved Question:

We are looking to change an individuals terms and conditions. The person concerned in not longer expected to travel for company business as he works from home and has done since December 2012. He has been employed since August 1997 and was given a company car. He car is coming up for renewal and another person with the same title and role does not have a company car. If he was required to travel to head office for any meetings he would have the option to claim mileage done in his own private vehicle.
Are we able to sit down with the individual and put the above to him and give him notice that we will be taking the company vehicle back from him ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How often does the employee use the vehicle for his work or to travel to head office?

Customer: replied 1 year ago.

Less than twice in three months everything else is detailed as private mileage on his monthly mileage declaration ..

Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the remainder of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.

That's great - Thank you

Expert:  Ben Jones replied 1 year ago.

No problem at all. I will get back to you at the earliest opportunity.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Generally, there are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:

· Receiving the employee’s express consent to the changes.

· Forcefully introducing the changes (called 'unilateral change of contract').

· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.

So if possible try to negotiate with him first – have a meeting and propose the changes, highlighting why they are required and asking for their consent. If they do not agree then you could consider forcing them through due to business needs and on the argument that the changes in his duties no longer justify a company car and there would be a sound business reason for taking that away as the whole purpose of it was to allow him to travel for work, which he no longer does.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Ben Jones and 3 other Employment Law Specialists are ready to help you