More legal advice needed!!

[Lord Pig-Pen]

This is posted on behalf of my good mate Sid... who should appear on here later if the Guiness intake is limited.
He works for a big national company that deal in facilities management, CCTV, Fire alarms etc...

He has a lease car, in his own name instead of a company car, which costs the same a month as the tax for a company car. A scheme devised by the employers who now have no company vehicle liabilities.

They (the employer) have just forced all lease car owners to have trackers fitted under the threat of no tracker, no work.

This has obviously caused outrage and senior management (spinless ***ts) have allowed the fitting of a "privacy" button that will disable the GPS location when in private use. Once the igniion is off the button reverts to GPS and they know where you are again.
Bear n mind that this is a lease vehicle and not a company car.... the employers claim it will assist in performing your work duties..... no managers have had the tracker fitted!

Anyone have any views on this?

Oh and ACAS? are involved too after other staff members contacted them...

Sid will be interested in anything you have to offer.

Cheers

PP

[Lord Steve]

If the car is leased by an individual without compensation in any way from the employer (apart from a contribution towards agreed fuel costs) then the car is effectively the property of the individual and not the employer. The employer has no right whatsoever to fit [or make conditional to future and continued employment of said individual employee] and item of equipment whatsoever.
I would advise your friend to check his contract and seek legal advice very soon.

[sid]

If the car is leased by an individual without compensation in any way from the employer (apart from a contribution towards agreed fuel costs) then the car is effectively the property of the individual and not the employer. The employer has no right whatsoever to fit [or make conditional to future and continued employment of said individual employee] and item of equipment whatsoever.
I would advise your friend to check his contract and seek legal advice very soon.

hi sid here i have signed a credit agreement with rbs that work made me do so i could have a car that was a company car when i was employed 12 years ago,i dont think the car is in my name but probably employer or fleet management company...
cheers

[Lorry]

I agree that they can't force it, as it is a change to the contract of employment, that has to be agreed by both parties.

I think the twats behind this know, and have budgetted for some unfair dismissal.  Now is the best time to cheat employees (e.g take half their pensions away), as what can you do in practice other than leave, and thats good news for the twats who are probably looking to thin down on the sly.

Your only hope is if everybody says no, but does anyone want to work under those conditions.  Or let the wife have the car and use hers

There must be some logic behind this, like some of the employees are continually bunking off.  When I first came across these things, they were used to shorten multi drop off routes, and one of the test vans was found to disappear to a park every lunchtime for a bit of the other.  They realised what else they might discover, and gave up with the idea - largely due to the cost

Good luck

[sid]

I agree that they can't force it, as it is a change to the contract of employment, that has to be agreed by both parties.

I think the twats behind this know, and have budgetted for some unfair dismissal.  Now is the best time to cheat employees (e.g take half their pensions away), as what can you do in practice other than leave, and thats good news for the twats who are probably looking to thin down on the sly.

Your only hope is if everybody says no, but does anyone want to work under those conditions.  Or let the wife have the car and use hers

There must be some logic behind this, like some of the employees are continually bunking off.  When I first came across these things, they were used to shorten multi drop off routes, and one of the test vans was found to disappear to a park every lunchtime for a bit of the other.  They realised what else they might discover, and gave up with the idea - largely due to the cost

Good luck

cheers i am a site based engineer but do nearly 190 miles a day getting there then do my duties, i am on call once in 10 weeks but that is the only time i visit other sites

[smokie]

... Now is the best time to cheat employees ....

My company is doing this. After 22 years, 10 in my present job, I've had to go for a competence-based interview (which I believe I've failed!!!) as there are suddenly only 9 jobs for 28 of us. Those who get made an offer (of their old job back) will have to accept new contracts which, amongst other things, allow the company to temporarily lay us off (on £21 a day minimum wage) at a week's notice, or put you on a three or four day week for an indefinite period, or whatever they want... They are completely de-risking being an employer, and are using their staff like agency staff. ACAS have advised that if they've been through the proper consultation process, which they have, then there is little more can be done.

While I'll probably struggle to find another job at the moment, and that will hurt, I'm almost pleased that I won't be part of that company going forward.

[Lord Pig-Pen]

Cheers all.. sure more will follow.
PP

[sid]

... Now is the best time to cheat employees ....

My company is doing this. After 22 years, 10 in my present job, I've had to go for a competence-based interview (which I believe I've failed!!!) as there are suddenly only 9 jobs for 28 of us. Those who get made an offer (of their old job back) will have to accept new contracts which, amongst other things, allow the company to temporarily lay us off (on £21 a day minimum wage) at a week's notice, or put you on a three or four day week for an indefinite period, or whatever they want... They are completely de-risking being an employer, and are using their staff like agency staff. ACAS have advised that if they've been through the proper consultation process, which they have, then there is little more can be done.

While I'll probably struggle to find another job at the moment, and that will hurt, I'm almost pleased that I won't be part of that company going forward.

thanks  i have heard about a test coming around for grading us, the c**ts

[Leftie]

Smokie,

Luckily your problem didn't happen to me. I wish you the best of luck.

My problem and more importantly my clients' in the contract.

In June 2007, we got rid of the 'agency' and I started contracting directly to the client. I suggested we sign a 'Contract for Services'. But as the work progressed, this was put on a back burner and was re raised by me a few weeks ago.

At my initial meeting with the client, arranged through the agency, I was promised a 'months' notice'. For the past 16 months, I have been working part time. Work is now more or less non-existant, so 'signed on'. Not entitled to any benefits (this puts LM in jeopardy )

I now find that I could be within the IR35 Reg's, which is why I needed the contract! The HMRC do not accept 'verbal contracts' as proof. So client produced a contract after an urgent request, it was absolute crap. I spent a day modifying an IR35 'compliant' contract and heard a word.

It will cost them in the region of £5k if they don't sign as the taxman will be calling. They had an inspection last year, you'd think they would of done something.

I now presume that the promised 'months' notice' does not apply. And all their construction projects have been delayed. I therefoe have no work.

Should have realised and left 12 months ago. At there was work then!