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Legal advice

Discussion in 'CycleChat Cafe' started by Andywinds, 12 Oct 2017.

  1. Andywinds

    Andywinds Senior Member

    Hi, I was just wondering if anyone has had issues with company cars/problem/comfort etc. with my job I am entitled to a company car/allowance. I have always opted for a car. This year my new car reached four years old and was returned to the leasing company. Instead of opting for a new car I took one out of the pool, the reason next year I will take the car allowance, as I don't really do that much driving for work.
    All was fine until I started to get pain on either side of my ribs, this is from the tight fitting sports seats, I did ignore, but it became so bad I went to the docs and they advised I had received bruising (I knew that). I only went there so this was recorded.
    I raised this with work and asked that the car be returned to the pool, but out rules are, when you take a car from the pool you have it until the lease is up.
    All work did was to ask me to look at back supports, which I did, one was useless and the other just moved the pain somewhere else on my back.
    The latest is, some from a support company will come out and make an assessment. The only way I can drive the car without pain is to lean forward so that my back is away from the seat, but this is not very practical or safe.
    Basically I am too wide for this seat.
    I work from home so I don't really have to drive that much, but this is my car as well, so long trips are impossible. Just to give an example, if I drive to visit family in London over a 2.5 hour trip, I am usually suffering for 1-2 weeks, and cannot sleep on each side.
    Now, if I'm asked to be in the office and I refuse because of pain/injury where do I stand?

    Hopefully this email makes sense and is easy to read.

    Cheers
    Andy
     
  2. Spinney

    Spinney Work-avoider & tea drinker ! Staff Member

    Location:
    Under the Edge
    Don't know the legal situation, but are you in a union of any kind?
    Is there a Health and Safety department in your company? If you are required to drive for work, they should provide something that allows you to do so without harming yourself.
     
    classic33 and Andywinds like this.
  3. vickster

    vickster Legendary Member

    Location:
    Sutton
    Talk to HR?
     
    Andywinds likes this.
  4. OP
    OP
    Andywinds

    Andywinds Senior Member

    Thanks both, HR were useless, and no I'm not in a union. I am due a visit from Group Health and Safety, they were supposed to make contact two weeks ago, I have asked the office manager to chase.
     
  5. roadrash

    roadrash cycle chatterer

    you need to speak to, and be assessed by someone from occupational health , HR should put you in contact,
     
    Andywinds likes this.
  6. OP
    OP
    Andywinds

    Andywinds Senior Member

    Thanks, I believe this is what Group health and safety are arranging, someone will come out and look at me and the drivers seat. Not really too sure what will the outcome.
     
    roadrash likes this.
  7. Drago

    Drago Guru

    I know a guy that did a lot of driving for a security company in the nineties. He was a hulking feller, taller and heavier than me.

    They gave him a Peugeot 106 to drive at work and, unsurprisingly, he eventually succumbed to back problems. His Doctor diagnosed it as being caused by the orthapaedically inappropriate car.

    He went back to the firm and told them that they either needed to provide a different car, or move him to other duties. They did nothing, needing the work he soldiered on and ended up with significant and enduring back problems.

    He sued them and won. I don't know the amount but I believe it was substantial, in the tens of thousands.

    Speak to your union, health and safety rep, or a solicitor qualified in the field, because if they're giving you tools to use that are injurious to your health they are liable for the subsequent injury.
     
    Salty seadog likes this.
  8. Hugh Manatee

    Hugh Manatee Über Member

    I know your suffering. I have a Mercedes! The least comfortable car I have ever driven.
     
    Drago likes this.
  9. Cycleops

    Cycleops Veteran

    Location:
    Accra, Ghana
    Sorry to hear about your predicament. I know how uncomfortable car seats can be if they don’t suit.
    I’m not sure you want legal advise though. Presumably you picked the sports seats fully aware they might not fit you. I’m sure any reasonable company would be sympathetic to your plight and bend the rules a bit for you. I wouldn’t think the legal route is the best. If they think you are just being troublesome it could mark you down and if you want to invoke the law do so if you want to burn your boats.
    It does sound like this could be sorted out with a manger once you’ve explained how it’s affecting your health. You don’t say if you like working for the company but if they refuse to listen to you you’ve always got the ultimate option.
    I rememberer taking over a company car from a very heavy smoker. It nearly made me vomit every time I sat in it, but after a talk with managers a new one was found.
     
    Last edited: 12 Oct 2017
    Drago likes this.
  10. roadrash

    roadrash cycle chatterer

    @Cycleops this doesn't sound sympathetic to me ..
    I raised this with work and asked that the car be returned to the pool, but out rules are, when you take a car from the pool you have it until the lease is up.
    All work did was to ask me to look at back supports
     
    Drago likes this.
  11. Drago

    Drago Guru

    Have these back supports been tested and proven not to impede the function of SRS system? No? Do you want to be artificially pushed forward from the seat if the pre-tensioner actibates? No? Then a different car please.
     
  12. Brains

    Brains Veteran

    Location:
    Greenwich
    Buy a 'new' suitable seat from a scrappy.
    Swap the seats over
    and then swap it back when you return the car
    Flog the seat on e-bay

    sorted!
     
    Drago and Liz Su like this.
  13. MarkF

    MarkF Guru

    Location:
    Yorkshire
    You chose the car, why didn't you choose a more suitable one from the pool?
     
    Cycleops likes this.