Mrs. G Liebert v Edwards Engineering (Perth) Ltd — 2022

The claimant, Mrs G Liebert, was employed by Edwards Engineering (Perth) Ltd from 19 April 2021 to 2 May 2022 as a Quality, Health, Safety and Environmental Manager. Her written contract dated 12 March 2021 stated that she would be provided with an appropriate company vehicle, but it did not contain any express term saying that a car allowance would be paid if a vehicle was not immediately available. The tribunal found that the claimant used her own vehicle for site visits and that mileage was paid at £0.45 per mile under the respondent’s policy.

The tribunal rejected the claimant’s case that there was an implied contractual obligation to pay a car allowance for April to August 2021. It held that the written contract was clear, that the parties later negotiated separately about a car allowance in October and November 2021, and that this conduct was inconsistent with any argument that such a payment was already an implied term of the contract. On that basis, the claim for car allowance between April 2021 and August 2021 was dismissed.

The tribunal found that the parties did agree in around November 2021 that the claimant would be paid £250 net, equivalent to £493 gross per month, starting from September 2021 until the company vehicle arrived. It found that the claimant should have received £1,479 gross for September, October and November 2021, but the respondent’s November 2021 payment of £1,300 gross left a shortfall of £179 gross in respect of September 2021. That amount was awarded as damages for breach of contract, subject to deductions of tax and national insurance where applicable.