my employer has suspended me by phone as i refused to use my car to carry out company work?

Question

he also said he is not prepaired to pay my rate if there is no work booked in yet he has always done it, he also stated that if im not prepaired to travel to various locations in my car then im to stay home with out pay

Answer 1

UK Law.
If you are contracted to use your car for work purposes either implicitly or explicitly, and you refused, then you are in breach of contract and in hot water.
Implicitly means that if you were taken on as a district nurse say, over a large rural area, you were asked if you had a driving licence and you were told there was no company vehicle available to you, then it would be fair to assume you would find your own means of transport, or you wouldn't be able to carry out your duties.

Explicitly means that during the interview, or on the job advertisement, it said that use of your own transport is essential to the performance of the job.

A contract does not have to be in writing, nor is it a fixed item, but constantly changing. A verbal agreement between 2 adults, involving a "valuable consideration" (must have value) is a contract.

If there is no existing contract for you to use your car for work, then he can't force you to use it.
If the car is not insured for business use, better still, for in suspending you, he is trying to coerce you into breaking the law and this is automatically unfair and tantamount to unfair dismissal. At your disciplinary hearing, APPEAL immediately, or you cannot take it to tribunal.
If he decides to not conduct a disciplinary hearing, he has realised he has overstepped the mark, then you can consider making a grievance complaint against him for bullying and harrassment.
Maybe this will make him think, next time.

Answer 2

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Answer 3

Are you talking about using the car for actual company business, or being able to transport yourself to different company locations to work? If your car is not registered and insured as a business vehicle, you are limited in what you can legally use the car for. If car is the only way you can easily and timely get to alternate locations to work for the same company, you are turning down work assignments. I worked for a company with 4 offices, and a car was the only way I could get to any of them, period.

Answer 4

Read your contract carefully. Does it state anywhere that you must use your own car for work purposes? What does it say about 'downtime'? It may be that you don't have a formal written contract of employment. In that case, you may be able to insist that what happened previously is in effect your terms and conditions. Think long and hard before you engage a lawyer - it may be expensive and time-consuming for you. Sometimes you just have to move on and put these things down to experience. (This is why trade unions are so important!)

Answer 5

firstly, insurance....i doubt any standard car insurance will cover for company work, commuting to and from work is normally the limit.
doing company work requires different insurance.
secondly, he is in the wrong to suspend you as i assume from your question that using your vehicle is not a regular requirement of work.
thirdly, as said, check your contract of employment if you have one, it should explain all parts of what is required by the company......that said, if the company has paid out for 'down time' all along, he can hardly refuse now (unless stated in contract that it is paid at employers discretion)
using your vehicle to travel to your place of work is well within reason, using your vehicle to carry out company work, ie: deliveries is not.
by the way, i would consider suspension to be given after a serious misconduct case.

Answer 6

If you work for a union shop, discuss this with your steward. If not, the employer has the right to ask for anything he wants from his employees as long as it's not illegal or immoral. Either do it, or quit and find a job you like better. You always have the right to terminate, and the highest action an employer can take is to terminate you.

Answer 7

He can't make you use your personal car for business......... I had a similar problem with my place where they wanted me to travel to and from different sites. In the end we compromised and they pay my additional fuel. I made sure that my insurance company were aware and they actually let me have business insurance at no additional cost. But this is tantamount to bullying, like someone else said, you can take them to a tribunal for constructive dismissal. Sounds like he is a complete idiot.

Answer 8

Check your contract and see if it includes use of your own car, This must be insured for business use . Consult Ciztens Advice and possibly go to Industrial Tribunal. Don't worry.

Answer 9

If it is for company work then a company car should be provided to do the work not your own what if you did not have your own car what would he have said then?

Answer 10

depends on your contract.. my work place tried to get me to use my car.. but i used to park it around the corner in the car park and walk in. told them i would use a WORK vehicle as long as i was insured.

if there not paying your insurance or for wear on your car.. tell them where to shove it after getting a new job =)