Employer Responsibilities
Administration
Unlike with a company car, with an allowance the employee is responsible for almost all administration for the vehicle (tax discs, servicing, maintenance, repairs etc).
Safety/Duty of Care
Importantly, a car funded via a car allowance falls under the jurisdiction of the Health and Safety at Work Act 1974, stating that employers have a duty of care to their ‘grey fleet’. A grey fleet vehicle is a vehicle that is employee owned or leased and used by them, either in part or whole, for work related journeys.
The Act requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare of employees when at work, including whilst driving for work in their own vehicle (as the vehicle is considered a designated workplace).
As a result of this Act, employers should conduct checks on drivers licences, checks on insurance, ‘risk assessments’ of the driver and vehicle and also have a company car policy that reflects the requirements of this Health and Safety at Work Act. To comply with the Act, employees should be asked to read, sign and follow any requirements or restrictions that you as the employer place on the vehicle to ensure compliance with the Act. Ideally a company car policy expert should be engaged to help draw up a vehicle policy to ensure the business is fulfilling it’s legal ‘corporate responsibilities.
Typical company policies include at least some restrictions on factors such as who can drive the vehicle, who can travel in it, what it can be used for, the age of the car, the body type, engine type and level of CO2 emissions.