Pool vehicle with age restriction

Pool vehicle with age restriction

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Company wants to purchase a pool vehicle (10+ employees) with an age restriction of 30.  

Never come across the question before - is it a valid scenario?

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By johngroganjga
06th May 2015 21:25

Presumably the reason is insurance related?

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By Howard Marks
06th May 2015 22:40

Insurance
I'd presume so John, cost of the premium is likely to be too severe for the few under 30's they've got.

That is only a presumption though at this stage, I'm yet to have an all out conversation with them.

Any thoughts?

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By johngroganjga
07th May 2015 08:18

Well my thoughts are that technically it puts the car outside the strict letter of the definition of a pool car, but there is a sensible business reason for the exclusion, so that it could perhaps fairly be said to come within the spirit of the definition. Where that leaves you I'm not sure!

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Replying to Justin Bryant:
James Reeves
By James Reeves
07th May 2015 09:08

Definition

johngroganjga wrote:

Well my thoughts are that technically it puts the car outside the strict letter of the definition of a pool car

I thought that to be a pool car it only had to be made available to more than one employee, and that no single employee used it ordinarily to the exclusion of others. So provided that there are several employees aged over 30, I would have thought this would be fine, provided the other conditions are met (not kept at employee's residence etc).

Also, presumably, there would have to be good economic grounds for making the distinction in order to avoid falling foul of age discrimination regulations, but I think it should be easy to demonstrate that there is a clear cost advantage to the company in setting such a policy.

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By johngroganjga
07th May 2015 09:30

Quite right - I was thinking that it had to be generally available but you are right that it only has to be available to more than one person.

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By Steve Kesby
07th May 2015 10:39

There is no need to satisfy the pool vehicle requirements...

... unless the vehicle is available for any employee's private use. However, if it not available for any employee's private use, it will probably satisfy the pool vehicle requirements.

In the case of a van, it must not be available for private use, other than commuting and other private use that is insignificant.

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