Is an employer entitled to take back a company car from an employee on long-term sick leave?

Posted in : First Tuesday Q&A ROI on 4 December 2012
Zelda Cunningham
Arthur Cox
Issues covered:

An employer’s entitlement to recover a company car from an employee on-long term sickness absence will depend on whether or not the employee has a contractual entitlement to a company car. In most cases, a company car is simply a tool of the job.

If the employee argues that the car is a contractual entitlement then his/her absence on long term sick leave is likely to have caused that alleged entitlement (along with other actual entitlements e.g. to full remuneration) to cease. This is particularly the case where the employee has qualified for permanent health insurance and/or if recent medical reports suggest no return to work in the foreseeable future.

Removal of the car from the ill

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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