About to hand in notice - Questions

Berty

I have known for a while that I am about to hand in my notice to move to another employer.

I am a sales rep of sorts. I have a company car. This is my biggest gripe because of the Christmas season.

I am due to start work with a new company on the 4th January(Monday) and assume I need to hand in my months notice on the 3rd December.

I only have one car which is my company car. I do not wish for my company to tell me to finish up on the 3rd of December as soon as I hand it in saying "we are too quiet to need you but here is your pay but give us back the car".

I need a car therefore I need THAT car which is why I am giving them the months notice to a full calendar month.

As the car amounts to a benefit and is in my contract stating something like "a vehicle will be provided for you to carry out your duties"

So questions>

Where do I stand in relation to the company vehicle in the eyes of the law?

If the decide to let me go on the day, I assume they still have to pay me the whole month BUT if they do this and take the car would they have to financially cover the provision of a hire car until the end of the notice period?

Thanks in advance.

Berty

Googling the subject I found this:

Garden leave

You may be given notice by your employer and be told to stay away from work during your notice period. This is called 'garden leave' and is often used to stop employees working for competitors for a period of time.

It's helpful to your employer because an employee in that situation is still covered by any contractual duties (eg a duty of confidentiality) until the end of the notice period. You can be brought back to work if needed. During gardening leave you are entitled to your normal pay and any company benefits.

Mrs OBumble

I'm no lawyer ... but you said that the car is provided for you to carry out your duties.

If you're on "garden leave", you don't have duties, so you don't need a car to carry them out.

Maybe you should investigate short-term leasing or even hire cars (hint: www.arguscarhire.ie is a broker, has given me some very good prices in the past ... no I don't work for 'em, just a satisifed customer).

Berty

JustMary wrote: »

I'm no lawyer ... but you said that the car is provided for you to carry out your duties.

If you're on "garden leave", you don't have duties, so you don't need a car to carry them out.

Maybe you should investigate short-term leasing or even hire cars (hint: www.arguscarhire.ie is a broker, has given me some very good prices in the past ... no I don't work for 'em, just a satisifed customer).

Aha but what would happen if they rang me up and said "we need you at 10am tomorrow in Killarney. I live in North Tipperary and the office is in Dundalk. They are not going to keep the car and post me the keys when it suits them for the month.

Eoin

But then you wouldn't be on garden leave - this is when you are actually finished working for them for all intents and purposes, but you are still on the books for the duration of the notice period. If they still need you to do work, then you still need the car.

Berty

eoin wrote: »

But then you wouldn't be on garden leave - this is when you are actually finished working for them for all intents and purposes, but you are still on the books for the duration of the notice period. If they still need you to do work, then you still need the car.

I spoke to the Citizens Information Centre today and they may as well have told me

"ah sur' whatever you think yourself"

She did say though that even if they ask me to finish up on the 23rd December they must keep me on the books until the 3rd Jan in order to pay me accordinly for it so therefore all other benefits including health insurance and pension contributions must be met also.

paddyb

i was on a few weeks garden leave before I was officially made redundant. We got to keep all company property while on this leave.
Im not sure if this was a legal thing or not.

padser

If you are entitled to all benefits during your notice period then you would be entitled to keep hold of the car during this period (I assume you are allowed to use the car for personal use also? then its a benefit - doesn't matter that it doesn't say so in the contract)

Berty

The car is allowed for personal use. I have taken the car out of the country on occasions for personal use and work use.

The car is built into the contract.

I have requested a copy of my contract from the girl in the office.

I am in a good position as my employers are nice people and built the company from the ground up. They will not try to screw me over(maybe the financial director as he is a *****) but I want to be sure of my rights prior to handing the notice in.

The car itself is company owned and not leased in any way so its not as though they need to get it moving asap. From my thoughts they will not try to replace me so the new employee would not need the car.

But, even if they were to employ somebody they would not be employed this side of Christmas.

NothingMan

I know this because 2 people with company vans were made redundant recently and one chose not to work out the month.

He was allowed keep his Van and Mobile phone until the end of the month.

Your Van and phone is considered part of your salary and as such you keep that the same way you get paid til the end of the month.

seamus

If you pay BIK on the company car then it's a benefit. If you don't pay BIK, it's not a benefit and your company are entitled to ask you to return it before your notice is up (provided that they won't be calling on in that month).

Berty

seamus wrote: »

If you pay BIK on the company car then it's a benefit. If you don't pay BIK, it's not a benefit and your company are entitled to ask you to return it before your notice is up (provided that they won't be calling on in that month).

BIK is payable sort of......

My wages are docked BIK for that month and whatever the amount is the company awards us a bonus for that amount.

Handy really. Its a shame my new employer will not do the same.

seamus

Bit bizarre, that bonus is taxable too, but obviously they calculate it so it matches up right.

If you pay BIK, it's a benefit and forms part of your salary so you're entitled to hold onto it until your contract is terminated. So work away.

Berty

seamus wrote: »

If you pay BIK, it's a benefit and forms part of your salary so you're entitled to hold onto it until your contract is terminated. So work away.

I'll quote you so If my boss brings it up.