company car-legalities of contract

[mcgravy]

work for a contract company-
started out on one contract on one grading, then moved contracts with a better grading, thus allowing me a better car entitlement

however, i was not informed of this and only found out in 2010, so i was entitled to that car in july 09.
i never intended changing the car, but rather do a trade down and get the monetary value between the two grades as cash payed into salary

the company will only backdate to jan 2010- is this legal, have they breached my contract by withholding benefits?

[factor-fiction]

I can't quite follow this.
Are you saying you were entitled to a better car from July 09 but didn't know so continued with your old car, and now that you've found out you want the monetary equivalent of the difference in value backdated to July 09?
I'm confused though by the statement "i never intended changing the car, but rather do a trade down"
Can you clarify your query?

[mcgravy]

yes I was entitled to a better car from July 09, but was not made aware of this by my project manager (who has since left)

what i meant regarding changing the car was:

my company have a scheme of trading down- so i was wanting the monetary difference from grading A to Grading B payed into my salary
for arguments sake lets say the difference between the 2 grades is £100

so in essence, my grading went up in July 09 and wouldnt that entitle me to back payment of the money - ie 6 months of £100

have they breached my contract by not backdating it to what i was entitled to?

[Androcles]

You should check you company's car policy first. If they had any sense, the policy would contain something to say that the normal period you would keep a car for is (say) 2 years or 40,000miles for the sake of argument, and that if you were promoted during this period, then the upgrade of car due to promotion will take place at the next due vehicle change. If it does then they are OK. if it doesn't then they may be able to argue custom and practice if that is what they have always done. If they have to return a car short of its lease period there is usually a penalty to be paid, if they can't pass that car on to somebody else.

[cassa333]

If status is all you are worried about then try to get a payment backdated.

However I would be looking at how much if anything you have saved in tax...

My oh has a company car and is hopeing to downsize as the tax he pays is huge.

[northernmonkey]

It is something which is best discussed with a company manager and then maybe go above him should you not be satisfied.

And really you need to carefully read the original contract / agreement before going any further, mainly to make 100% sure you know everything to give you a stronger arguement and make sure you have all the information that would / might be asked at first to test how much you know, and if you was to give estimated dates ect it will make you look a bit stupid compared to giving exact dates and full detailed answers to any question.

hope you get what i mean.......