Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did they say why they have actually allowed you to do this until now?
I travelled on the works vehicle from 5th April 2013, (which was the first working day of my employment contract) until 16th of May 2014. The following week was told that I could no longer travel on the vehicle.
thank you for your help
My original question was not answered. You asked for more information, which I provided. I am now waiting for your response.
Hi Anna, sorry I was not online earlier when you replied to me.
It is possible for you to argue that the fact you have always been allowed to travel on the works vehicle throughout your time with this company, that it has become an implied contractual benefit. This means that even though it may not have been written down anywhere, it was still something contractually binding and had contractual weight.
However, the main problem here is that your rights will be somewhat limited due to the length of service you have with this employer. Until you have at least 2 years’ continuous service, you are not protected against unfair dismissal or constructive dismissal. This means your employer could dismiss you or you could be forced to leave for more or less any reason, as long as it is not linked to discrimination, which does not appear to be the case here.
So even if you can argue that the benefit in question was contractual, if the employer refuses to accept that, your options will be somewhat limited. You can make a formal; complaint to them but they will be the ones dealing with it and if the answer remains the same you would either have to accept that, or decide to leave if you believe you can no longer work there as a result. The issue is that if you leave you cannot make any claim against them because you need to have the 2 years’ service to be able to do so, which unfortunately you do not have.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I have been employed with this company on several temporary contracts since 2010. It was in April 2013, that I was re interviewed and given a permanent contract. I wonder if this alters the situation.
were there any gaps between these jobs?
No there were no gaps, the permanent contract ended the temporary one. I was given a lift all the time I was on a temporary contract. I do hope this helps and may I take this opportunity to thank you for your help and patience
Thanks for clarifying, I presume the temporary contracts were directly with the employer, I mean they were not through an agency for example
Yes, I was employed directly by the employer. The organisation was going through a restructure, so people were employed on temporary contracts until the restructure had taken place. After this restructure all those on temporary contracts had to apply for new permanent posts. I was offered and took one of these permanent posts.