Can i keep my company car while im on holiday

[prichard1]

i am due to go on maternity leave soon but before i do i have taken off 27 days holiday which my company have agreed to. At present i have a company car which the company pay tax and insurance i claim back my mileage for work use. My company have asked for the car back during my 27 days holiday even thou it comes in my salary package, i have already agreed to hand the car in from the first day of my maternity leave. Does anyone know if my work can take the car back while im on holiday leave. Thank-you

[Ethel]

What does your company policy handbook say?

[Doc Spock]

Does the expression "cheky sod" mean anything.

[Doc Spock]

Perhaps you should ask for a caravan to go with it to use on holiday.

[factor-fiction]

On the face of it teh car is part of your package and you will be taxed on it as ataxable benefit. I think you are entitled to keep it for all 27 days. Moreover, I think you may be entitle sto keep it during maternity leave. Ask your company and union- and aska question on the Law Section

[lornanelson]

Under EC law to make male and female employees equal you are entitled to the car whilst on holiday and maternity leave. Get yourself in to CAB for some back up!!! and HAPPY DRIVING

[buildersmate]

If this is normal paid holiday and you are just taking lots of it together, then since under your employment contract you are being provided with a car then there is no reason why you cannot keep it.
If this is unpaid leave, you have agreed a variation to your contract that has determined that you won't work and they won't pay - but that you are still an employee. It gets a bit grey around the fringe benefits, for example one would hardly expect them to withdraw life insurance cover (if provided) by writing to the provider, then re-instating it. However if want the car back as part of the 'package' for a period of unpaid leave then that's reasonable.
I don't quite see what 'EC law' has to do with it.

[factor-fiction]

I'd be surprised if maternity leave is consideredby law to be 'unpaid leave'. If you continue to get 9/10ths pay for part of your maternity leave then you should get 9/10ths of the car too. I usually bow to buildersmate's knowledge on legal matters as he normally knows his stuff- but I would have though EC law is rather important here!

[buildersmate]

This lady is taking 27 days off BEFORE going on maternity leave. It isn't clear whether this is unpaid or paid. The point I'm making is that if you agree to modify your contract in these 27 days, you can't necessary expect the car to be kept on, though personally the company seems to be making a bit of a fuss and is likely to do more damage in loss of goodwill.
I don't think Prichard asked about the car during maternity leave - she already agreed to give the car back.

[Markandshez]

Looking at the Equal Opps site, the questioner is entitled to keep the car, certainly for her holiday period . Then it gets a little murky. The site states:

Company car
A woman on maternity leave is entitled, under the ERA, to keep the company car during OML but not AML. Arguably, this is a breach of EC law following Sass
She is unlikely to be able to make a claim under the EqPA as she cannot compare herself with a man at work. Again, this is subject to overriding EC law and the decision in Alabaster.


See the whole page at:

http://www.eoc-law.org.uk/Default.aspx?page=29 78