Advice please.

[Meg888]

http://www.theanswerbank.co.uk/Jobs-and-Educat ion/Question670137.html My partner has a company car, which has been forced upon him (see previous threads) to justify private mileage deductions. He suffers a deduction of �385 for private mileage + �100 deduction for backpayment of pm. He only took a job so far away as he was assured a vehicle which would be no expense to himself.

They have now decided that from 01st April'09 he will have to fund the fuel for both private & business travel & claim the business fuel back at the end of the month. On top of what they will deduct for mileage at he end of March, we cannot possibly afford this fuel output for a month before waiting on the money coming back. We struggle to live with the deductions they are currently taking, and although funding the private fuel will probably work out cheaper to ourseves in the long run, we cannot afford the business fuel on top. He is not on a big salary and just cannot afford the deductions etc.

Basically, for one reason or another, they are trying to drive my partner out of his job - he was employed by managers who have since left the company with ill feeling, and we feel they just want rid.Obviously, he is looking for another job, but in the meantime we're stuck with it. I cant believe they are allowed to do this. I'd be grateful for any advice you can offer.

[buildersmate]

So is the summary that he won the case for illegal deductions from wages, so the employer has changed the terms under which car is provided (giving the employee notice)?
If so there is isn't a lot more you can do.
No doubt someone on here will suggest you joins a Union, but unions understand employment law the same as people on here. An employer can unfortunately modify T&Cs by consultation and giving notice.
He hasn't got 12 months continuous service clocked up yet, has he?

[Meg888]

Hi BM, thanks for your reply. He filed a grievance for the illegal deductions, which they overturned; he then appealed which they also threw out. He did all this with the "help" of the union, and advice from ACAS - all to no avail. The best anyone could come up with was to take them to a tribunal, whilst still working there - but we felt it too risky. He has worked there 10 months now. After initially saying there would be no expense to hiimself for a commercial vehicle, they changed the goalposts 6 months later & started charging him. They are also taking the backdated mileage from May to Sept off him in instalments. After initially kicking up a stink over the mileage deductions, they then took the van away and gave him a car. As we dont have another vehicle for him to travel in (and cant afford one), he has no choice as its a 120 mile round trip to work each day. They also fluctuate the pence per mile from 13.5 to 16p per mile based (supposedly) on the cost of fuel, but they said if they are paying back to him, they're only going to give him 10p per mile. Thanks in advance.

[buildersmate]

This doesn't sound like an employer worth investing one's career with. I doubt that there is anything else he can do - apart from find another job, which he is obviously trying to do.
Because he hasn't been there for 12 months, there isn't a way of resigning and claiming constructive dismissal for unfair dismissal. However he could resign and claim constructive dismissal for wrongful dismissal - this is a breach of contract under civil law, not a failure of the employer under the employment legislation.
See here for a explanation of the two situations.
http://www.direct.gov.uk/en/Employment/Redunda ncyAndLeavingYourJob/DG_10026696
But he would be ill-advised to do such a thing until he has another job to go to - then he could try it on. He would have little to lose - it might get him the money back again.

[Meg888]

Thanks for your advice BM, I also think we're stuck between a rock & a hard place until he has another job to go to. Got some news yesterday on some possible new work so fingers crossed it all works out.