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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband gets a company car through his work and when they

Customer Question

My husband gets a company car through his work and when they signed up for the cars they got to choose their extras up to a certain amount, he chose better seats (as he has quite a bad knee problem) and electric rear windows. Anyway, he has been taxed more in the last two years because he chose these extras, which is fair enough.

Anyway, now he has been told he has to swap his car for anther engineer's car because an engineer is leaving and my husband has the highest milage. Can they do this though? This is a perk that he was given and essentially they are removing the perk from him as the car that they are giving him has no extras at all! He is naturally pretty pissed off about this, not least because they didnt tell him until yesterday afternoon that he has to go up to manchester and change it on monday and that means he has had no time to speak to his boss about this. What has really upset him though is that the reason his milage is so high is because two engineers were signed off sick for a significant period of time - one for three months after breaking his collar bone and another for four months after appendicitus and he was sent all over the country for that period of time covering these two engineers, so I would argue he is being penalised for working harder!!
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long has he had the car for
Ben Jones : I am just travelling so there may be a slight delay in responding, thanks
JACUSTOMER-8mda7s1h- :

he has had the car for two years now, it is a three year contract with a rental company.

JACUSTOMER-8mda7s1h- :

it will be two years old in July.

Ben Jones :

Hi, thanks for your patience. His rights would really depend on whether this was a specific contractual benefit, or just a ‘perk’ as you said, which would not be a contractually binding benefit. So the first thing to do is check his contract or any contractually-binding policies to see if it says anything in there about his rights on having extras on the car of his choice. If all he is entitled to is a company car, without any mention of additional extras being a specific right, then this would just be a perk, an additional benefit given at the company’s discretion and something that can be modified or removed at any time. In other words he would not have contractual rights to keep the car with the extras, as long as he is provided with a car within the relevant value that reflects his entitlement at work.

If he has a bad back which is sufficiently serious to make him have difficulties in performing his normal day to day activities, then it could even amount to a disability in law and the employer would have a duty to make reasonable adjustments to assist him, such as providing specialist equipment or making changes that would help him keep the symptoms at bay. This could include better seats in his car. However, that would only really apply if it was a serious problem, not just a bad back that anyone may get from time to time.

In any event he is able to challenge the employer’s actions by going down the grievance route with them and prompting them to investigate the circumstances that led to this, his rights in the situation and provide a formal response, which he can appeal if necessary.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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