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Gardening Leave and Company Car - Please help!

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  • Gardening Leave and Company Car - Please help!

    Hi,

    I hope someone can help us clarify a query on rights as an employee when placed on gardening leave.

    My Partner resigned at the start of the week and as she is joining a competitor they have placed her on 3 months gardening leave as stated in her contract. She has returned her laptop, mobile and ipad but still has her company car as it is a taxable benefit.

    They have since been in touch saying they would like the car back (a BMW 3 series) as another employee needs the car, they have offered a older volvo as replacement. The problem is she currently has a fuel card for the BMW so surely if she changes car she loses this and there will be tax implications. Can the company do this? Does she have to agree or could she just say no that she wishes to keep the BMW?

    Any help much appreciated.

    Kelly
    Tags: None

  • #2
    Re: Gardening Leave and Company Car - Please help!

    They are entitled to take back the car, offering her a replacement is actually being quite fair.

    The fuel she is using, is it for personal use? If so then I am afraid she would just have to cover the cost.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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