can my boss do this??? Advice welcome

[Nosha123]

Hi

I have a company car - the car is leased by the company and the contract for the lease is between the car finance co and the company where I work.

The car I have now is my third company car - each contract is for 3 years.

My current car goes back in Jan - and I have just found out that a new Audi would take 6 months to deliver as they are only making them to order now and not manufacturing vast quantities of them.

This is all fine... until my boss announced that he doesnt want to get company lease cars any more - and that I will be getting a budget as part of my salary - and I will then have to get my own lease car or loan to purchase a car.

My question is - can my Boss do this? If its in my contract that I get a company car - can he change the terms in this way?

I dont really want to get finance for a car - and am not even sure I will be granted it as I have just got a loan for home improvements and have several credit cards too! What happens if I applied for finance as was then refused - or if I wanted finance in the future and was refused as I have a car lease??

All advice welcome...

[Nosha123]

can anyone help pleeeeeeeeeeaassse?

[LoftyLottie]

Nosh. Phone ACAS and pose the question. They are pretty good at things like this.

x

[mccfluff]

check the terms of you contract regarding the car, we give two options a car or opting out - in which case we give x amount toward the purchase and maint of the car, but the employee chooses that option. and it wouldn't be forced on an employee. contact acas if you're unsure

[LoftyLottie]

http://www.acas.org.u...x.aspx?articleid=1410

[237SJ]

If it`s in your contract that you have a company car, I doubt he can do this. I`m no expert so if you are not in a union, phone ACAS

[Nosha123]

oooh thanks folks... I didnt realise ACAS could help a little company like ours too....

I understand why the boss might want to do it - so if I were to leave he isnt lumbered with a car.... but I dont really want to apply for the credit or want it to affect any future credit I may need...

Thanks!!

[Nosha123]

one thing.. I cant find my contract!!!
I am also not 100% convinced I ever got given one!!!
I have letters confirming that the car costs form part of my salary...
I also have an update to the contract that details any damage to the car I am liable for 50%.. but I dont have anywhere the actual contract - I'm pretty good with filing stuff - so am sure I would have it if I had been given one!

Think its just an oversite - as I know others have got theirs!

[LoftyLottie]

Good luck. Have always found ACAS extremely helpful and very knowledgeable.

x

[Nosha123]

Thanks Lofty.. hope life is good with you..

[LoftyLottie]

Nosh. Contract or not, you will find that if there are things in your employment that you have been doing or enjoying for some time, such as the use of a leased car, they become part of your employment and, as such, a boss can't just change them. ACAS will explain. Don't worry if you can't find your contract.

[LoftyLottie]

I'm fine thanks Nosh x

[buildersmate]

Yes, your employer can change your contract - by consulting with you and then giving notice (the same as your notice period) of the change.
No, you don't have to have a piece of paper with 'your contract' written on the top of it for you to have a contract. Your 'contract' consists of various factes, one of which is 'implied terms'. Since you've had a lease car for x years, it has become an implied term that you get a car as part of your contract.
No, you don't need to be in a union to sort this sort of stuff out. Unions are for people who can't be bothered or have no inclination to sort their lives out and generally bring individuals down to the lowest common denominator, not bring you to the highest common multiple.
Yes, ACAS can advise with this sort of stuff but seem to be generally very busy right now so don't give you much time or are impossible to pin down on the phone. Worth a try though.

[LoftyLottie]

Thank you buildersmate for giving Nosh the correct term for what I was trying to explain, i.e. 'Implied Terms'. I just couldn't think of the correct jargon.

[Nosha123]

so buildersmate.. if I have a three month notice period for resignation - he has to give me 3 months notice to change a term of my contract...

This would take me to 2 November - by which point a new car would have to have been ordered for it to arrive in time when the old one goes back....

Which means he either has to extend the current car for a couple of months - or place an order for a new car under the existing terms?

Am I right????

[LoftyLottie]

Nosh, Buildersmate is one of the most knowledgeable people on this site as far as employment and the law are concerned. He has probably give you as much advice as ACAS and it will be correct. He has helped me in the past.

[237SJ]

Shame he`s so arrogant though

[buildersmate]

No, shame he dislikes those union-lovers whose only response in these situations is to suggest 'join a Union'.

[237SJ]

Sorry, I`ll just go back to the workhouse...

[LoftyLottie]

Arrogant? No knowledgeable and intelligent and confident that he is right. That is not arrogant in my opinion.

[buildersmate]

Nosha - sorry about the delay - just needed a swat a irritant fly and find a couple of guidances bits for you.
I think you are just about right, but go gently at it. The notice that your employer would have to give you is one week per complete year of employment - which is at least 9 for you - not whatever your CoE says (three months??).
It's valid tactic for you to start the request for 'consultation period' - 'Hey, boss, don't you have to discuss this with me first - not just change my T&Cs?' That should use up a few weeks.
Look at this - and the feed link from it about Diagreeing with changes to your employment contract'.
http://www.direct.gov...onditions/DG_10028079
DirectGov stuff is written in simple language.

right.