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 Nicola-mod Your Own Question
Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
Type Your Employment Law Question Here...
Nicola-mod is online now

Hi,I wonder if you can advise me on this issue.I work

Customer Question


I wonder if you can advise me on this issue.

I work for a local authority in England and my role carries with it an essential care user allowance which is a lump sum payment I receive monthly towards my vehicle and, in turn, I am required to have a car available at all times for business use whilst I am in work.

Earlier this year the authority advertised a salary sacrifice 'green car' lease car scheme which you will probably be aware, you sacrifice part of your salary in return for the vehicle. I considered this option as I needed a new car, I carefully read the quotes and terms and conditions and decided to go ahead.

Since receiving the car my employer has ceased my essential car user allowance, despite this not being referenced anywhere in the agreement documents or quotations which I have carefully gone through.

My employer says they cannot pay me a lump sum for a company car as HMRC do not allow it. It seems extremely unfair as my employer does not contribute to the cost of the lease and I will be in a disadvantaged position to all of my colleagues who receive the lump sum. I am expected to continue to make my car available for work despite the loss of essential car user status.

Taking into account the loss of my lump sum, it makes the car a very expensive proposition and I could clearly have found a better deal if I had arranged a lease privately.
My question is:

Do I have a case because this was not mentioned anywhere in the agreement? I note my employer has recently added a reference to losing your allowance in the documentation (which they have directed me to after I complained to our HR department) but this update was 2 months after I had signed up to the scheme!

If I do not have a case and my employer refuses to change their position would I be entitled to cease using my car for work purposes?

Any advice greatly appreciated.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

JACUSTOMER-7vdq9lzm- :

Hi, I've worked there for 3 years

Ben Jones :

I have looked into your query but do not think I have the answer to your question so will opt out and let other experts take this further if they can. Someone should respond shortly. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thanks

Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.



I am fine to wait and see if someone else can answer.



Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Nicola-mod replied 4 years ago.

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Customer: replied 4 years ago.

ok, please close the question.