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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 13220
Experience:  Qualified Employment Solicitor
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I use a car for work to travel to my place of work however

Customer Question

Hii use a car for work to travel to my place of work however my company expect me now to use the car for business which i cannot do as the car is lease and restricted mileage, a 1 litre car and not suitable, and i have the addition of changing my insurance to business from S, D and P. I do not have this in my contract as previously i travelled by train but due to changes have moved office and a car is necessary, it is only in the last 4 months that they have insisted that i do this however i have nothing in my contract saying i have to use my car for this. I have highlighed that i will not be using my car and will make suitable arrangements using the train or bus or hire car (over 150 mile round trip) but my director is saying that i cannot do my job without using my car as this is expected. We are £250 million pound company and whilst other staff in my department have dont this i cannot as the company does not pay the full amount for milage, will not cover any damage or excess or pay the extra cost to insure or milage used in excess of the contract i have. i need to know my position as i being told that i cannot my job properly without a car.thanks Steve
Submitted: 4 months ago.
Category: Employment Law
Expert:  JimLawyer replied 4 months ago.

Hello, thank you for the question.

What does your contract say regarding a car? Does it say you must have a driving licence or does it say you must have use of a car for work purposes? How long have you been with the company for?

Customer: replied 3 months ago.
Hi Jim, my contract states that i have to be able to travel from time to time from other offices only and means by which to travel in the car policy which was reissued in April this year. i have been at company for 3.5 years.
Expert:  JimLawyer replied 3 months ago.

Hi there, if it does not specify you have to use your car, then the company should provide you with a company car in essence. Can they offer this or will be obstructive?

Customer: replied 3 months ago.
Jimthere is a travel policy in place which is using public transport or hire cars for journeys over 150mile. therefore a company car is not required. The new car policy outlines business insurance is required for using my own car for business however i cannot use this as the cost for insurance is too high and the car i have is unsuitable, and the company are "expecting" me to use my car and say i cannot do my role due to this which i dispute. what i want to know is can i refuse to my car even if the company insist i use it and what is my legal position - see car/travel policy belowTravel BookingTaxis
5.7 Taxis are a relatively expensive form of transport but can be used where it is cost effective to do so or if
the alternative modes of transport would put the traveller in unreasonable danger, for example walking
in a quiet, unfamiliar area at night.
Shared Expenses
5.8 While travelling, there may be occasions where expenses are incurred for a group of employees. In
these cases, wherever possible, the most senior employee will pay the bill. The claim will identify all
other people in attendance, including their company and the reason for the expense.
Motor Car Expenses
5.9 Employees living within 15miles/25Km of each other and attending the same appointment/meeting are
expected to car share, failure to do so may result in the claim not being approved for payment. Google
Maps (http://maps.google.com) should be used to determine this distance.
Non-Company Car Drivers
5.10 It is important that any employee undertaking business mileage ensures that he or she has the
appropriate business use cover in place on their own insurance policy. Particular care should be taken
when employees are driving a car that is not insured in their name, as business use cover could be
rendered invalid. The company does not accept liability for damage caused to or loss of private
vehicles or their contents whilst being used on company business; nor does it accept liability for claims
by passengers or any third parties.
5.11 Details of the locations travelled to/from together with the associated distance travelled must be
shown on the expense claim form.
Reimbursement for Personal Car Usage
5.12 Employees will be reimbursed for business usage of personal cars at the Company’s mileage rates
detailed in Appendix 3. The mileage allowance assumes coverage of all fuel, wear and tear, insurance
etc. Any tolls and parking (in line with the expenses policy) will be reimbursed in addition to the
allowance.
5.13 The employee is responsible for ensuring any vehicle used is roadworthy, compliant with all legal
requirements including MOT and insurance that includes business use and the company cannot be
held responsible for fines or costs relating to this. Employees will not be reimbursed for any of the
following, even if these costs were incurred during business travel:
 Car repairs
 Rental car costs during repair of personal car
 Tickets, fines or traffic violations
 Damage to personal vehicle
 Theft of personal vehicle or vehicle content
Car Hire
5.14 When it is cost effective to do so, an employee can hire a car for business journeys. This must be
authorised in advance by the employee’s line manager. Under normal circumstances, the business
journey should be a minimum of 150 miles round trip to be eligible for a hire car; journeys outside of
this criteria would need to be separately justified when seeking approval. Car hire insurance is
provided for business purposes only. However, should the driver have 6 points or more on their
licence, it is important that they inform HR.
Company Car Drivers
5.15 When driving a company or hire vehicle, no mileage allowance is payable but the fuel cost is
reimbursed at the Company’s mileage rates as detailed in Appendix 3
Expert:  JimLawyer replied 3 months ago.

There's still nothing in your contract which says you must use your own car

As such if they try to discipline you, it would be unfair and if they allege you cannot do your job and dismiss you, you could sue for unfair dismissal.

You could try to speak to ACAS to see if they can speak to your employer and see a way around it. It may be worth a call (0300(###) ###-####.

The company could insist you use your car but there is nothing in the contract which says you "must" use your car

I hope this helps

Jim