Is this allowed?

[Meg888]

http://www.theanswerbank.co.uk/Law/Question667 315.html

Following on from my previous question which I posted under law, and was given some sound advice; My partner started a job back in May this year in which he was told he would be given a commercial vehicle which would be non-taxable (he commutes 120 miles per day to & from work). They have since decided to charge him private mileage at a rate of 14p per mile / �385.00 per month. We've researched on this and found them to be in the wrong, so now they've forced a company car on him. He tried to refuse it, but they said they were taking his van and he had no choice. We know this is to justify charging him private mileage for the van, but surely they cant just get away with this? He has one grievance pending which is due to be heard this week for the deduction of miles from the van. He doesnt get a salary that affords a company car / this sort of mileage deduction - he only took the job because it came with the offer of a vehicle which for the past 6 months has been no expense to himself. Thanks in advance for any advice you can offer.

[buildersmate]

I feel that I foresaw in my previous answer that something like this might happen. And as I said in my previous answer, the employer can modify the contract given one week's notice. Furthermore, since he hasn't been there for 12 months there is no opportunity to take the employer to an Employment Tribunal - the employer will realise this, because sometimes the sheer hassle of doing it and the potentially negative publicity puts an employer off.
I don't think he can win this, and I think that the employer is being very unreasonable.

[Meg888]

Thank you buildersmate; you gave me some sound advice on my last question. I'm just absolutely baffled they can get away with this. His old boss has even sent a statement outlining the verbal terms his contract was agreed on when he took the job. He has a union rep coming to represent him at the grievance hearing, but we're not holding much hope. All we can do is sit it out until the tide turns and something more suitable comes his way. Thanks again.

[buildersmate]

Yes, the issue is not that he doesn't have an agreement - he does (Currently). That's why I'm expecting him to win the illegal deductions bit.
It is that the agreement can be modified by both sides given due notice.
And he can't call 'unfair' because on needs the minimum period of service to invoke the use of the ET.

[factor-fiction]

If the company provides the vehicle I think it's up to them if they want to provide a different vehicle. A company car is normally considered to be a good perk provided there is no consequent reduction in salary, although the higher tax takes the shine off it. A car must look better on the path though and be more practical than a commercial vehicle. The
I don't know the tax treatment for using commercial vehicles - is the benefit of free transport to work not seen as a taxable benefit?
Can he leave the vehicle at work and make his own travel arrangements to work?
Good luck but it sounds as if the relationship between employer and employee is breaking down, and given his length of service his protection for unfair dismissal is limited, so perhaps he runs a risk by making too much of an issue of this.

[cassa333]

I always understood it to be that regardless of company car or van it is up to the employer if you pay private mileage and the difference in tax was due to car or van or car and van with a company logo on?

[Richard1966]

you need to look at http://www.hmrc.gov.uk/employers/ebik/ebik3/bu siness-travel.htm

[PrettyAna80]

You can more information on law logos and legal logo design as well as help at http://www.companylogos.ws/articles.html