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My boss wants me to use my car for company business. Either…

My boss wants me to...
My boss wants me to use my car for company business. Either I pay for a new Insurance policy to cover me or to have use of a company car which involves a £250.00 excess regardless of who's fault it would be and with tax liabilities?? I have a choice of signing one or the other. This is not part of my contract where do I stand?
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Answered in 1 minute by:
4/8/2012
Daniel Smith
Daniel Smith, Laywer
Category: UK Employment Law
Satisfied Customers: 4,035
Experience: JustAnswer
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XXXXX XXXXX :

Can you clarify whether the £250 excess is payable by you or the company - normally, it would by payable by the company, as it would be a company expense in respect of a company asset (i.e. the car)?

Customer:

They have said this payable by us and would be taken out of our wages.

XXXXX XXXXX :

Well, this is odd! But, in any event, I would say that if there is no contractual entitlement to insist upon using your car for work, or indeed taking on a risk of paying an excess, it cannot be enforced upon you without your consent. But, if somebody is employed for less than a year, they have no rights to protection from unfair dismissal, and thus, could find themselves being dismissed without much of a reason and with no rights to compensation for unfair dismissal.

Customer:

I have been employed by them for 5 years now. We have used our cars to go to the bank but recently one of the staff has had an accident and this is why this has now come about. We should not have had been using our cars and they would not pay for the the incident. Am I in my rights to refuse to sign and if so can they then change or alter my contract to include this or to dismiss me?

XXXXX XXXXX :

Whether contracts can be changed usually depends on the contract itself - whether it permits a change within it. But, in short, people don't have to agree to changes in the contract like this and which are detrimental to them.

XXXXX XXXXX :

It's likely that if you're demised for not agreeing to this, then you might have good grounds for an unfair dismissal claim.

Customer:

OK thank you Daniel.

XXXXX XXXXX :

You're welcome!

XXXXX XXXXX :

Please do press accept and leave a little feedback.

XXXXX XXXXX :

Please do press accept and leave a little feedback.

Daniel Smith
Daniel Smith, Laywer
Category: UK Employment Law
Satisfied Customers: 4,035
Experience: JustAnswer
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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