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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Im an expat from Portugal working in Mozambique with 1 local

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Hi im an expat from Portugal working in Mozambique with 1 local contract and a base contract from UK. In the UK contract there is stated a couple of allowances and conditions. One of the conditions is to have car from company. Since 2 weeks now i do not have car and my question is if this is enough as a condition enough to ask for cancellation and compensation to my contract? Should i wait more time? Or should they present a proposal that only ends in next February. Will i present the case in UK and if so to how and in what way to present the case?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you know why they have withdrawn the car benefit?
Customer: replied 2 years ago.

Yes, the car is old and is no longer able to work and at this moment there are taking very long to issue a new one or to even repair that one.

Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. The starting point is that the employer would be expected to adhere to the terms of the contract and provide you with any benefits you are entitled to under it. Failure to do so could make them in breach of contract and in some circumstances allow you to treat the contract as void. However, that won’t happen for any breach of the terms and it needs to be a serious breach, something which is so serious that it makes the whole contract void. So for example if you need the car to undertake our duties under the contract and by not having it you can no longer do so or are placed at a significant inconvenience then it could be treated as a serious breach. However, do not just jump at the chance to try and cancel the contract – initially you would be expected to try and resolve this with the employer and give them the chance to make things right but if it is clear that it won’t happen or there is a significant and unreasonable delay in doing so that is when you could try and seek to terminate the contract.
If you wanted to make a claim for breach of contract then you would need to do this in the UK’s County Court as the contract is governed by UK law. You would need to complete form N1:
You would be seeking compensation for the damages incurred as a result of terminating the contract, such as your notice period or any other losses you can attribute to this, although be reasonable. Again, before you consider legal action you are advised to try and resolve the matter with the employer and to seek an amicable resolution as court should only be seen as a last resort.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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