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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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On the 5th May 2105 I joined a new company and was considering

Customer Question

On the 5th May 2105 I joined a new company and was considering joining the company car scheme, and was advised that due to my grade I was eligible to select a vehicle not identified on the car list.
The only condition of this was it had to be no greater of a monthly whole life cost of £720 per month. Anything over that I would have to pay out of my salary. I selected a car based upon my needs both personally and financially and an order placed with Hitachi lease, with an anticipated delivery date of March 16 due to it being plug in hybrid.
Through conversations and emails with the company fleet department I was advised that the selected vehicle came under the £720 WLC and was asked if I would like to add any extra’s. This I did which resulted in me exceed the WLC by £12.91 per month, to which I agreed to on the 24/06/15. A copy of the quotation was then copied to me dated 24/06/2015
When this was all agreed I sold my private vehicle, that at the time I was being paid a opt out monthly allowance for and elected to take a pool car until such time my new vehicle was ready.
The main reason for opting into the car scheme was the vehicle was as near to my current vehicle i.e. a large saloon ideal for my personal needs being a family of four, to add to this the BIK was 5% meaning the cost to me was £86.31 per month.
This week the company have advised that all orders of cars not due for delivery before 31st October 2015 have been cancelled and that all company cars must be selected from the new car list, or elect to opt out the scheme and receive a monthly payment.
Within my band the new list only has one vehicle with a 5% BIK this being the BWM I3, not an equivalent vehicle.
The fact that I have sold a perfectly good vehicle has now left me financially compromised. To now have to go out and buy a new vehicle to run as an opt out is going to cost me. Had I known I would have continued to take the opt out allowance something I had already done for the first two months.
The new scheme allows an opt out employee to run a private vehicle for up to 9 years previously 7 years this means that I could have continued running my own vehicle for a further 4 years receiving an allowance of £493 mer month. My load at the time had around 12 months to run, therefore a proportion of the allowance could have been set aside as a deposit for the next vehicle in 4 years time. The remainder would go to running costs.
My question is has the company entered into a contract with me that they must uphold, and if not do I have any grounds to financial compensation for me now having to potentially buy a new vehicle to run as an opt out.
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Whilst this is clearly very annoying have you actually suffered a financial loss as a result of this as I assume you will have received market value for the car you sold and could purchase the equivalent. You can certainly argue that this amounts to a breach of contract but unless you have suffered a financial loss there is no remedy. There may obviously be a future loss if the alternative car offered is of a lesser value.
Whilst the employer is potentially in breach of contract as I have stated above and you have the right to be aggrieved about this the problem is that with less than 2 years service you do not have rights in unfair dismissal. Simply put if you cause your employer a problem by complaining, theoretically they could terminate your employment and you would have no recourse. This obviously is extremely undesirable.
I am not saying do not raise a grievance but I think you just need to be aware of this before making a decision.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.

Hello is there anything further you would like to know about this situation as I can see you have not yet rated my answer which is an important part of the process?