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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Employer Won't Pay Expenses - Submission Too Late



 
 
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  #1  
Old December 5th 06, 08:20 PM posted to uk.legal.moderated
Silk
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Posts: 57
Default Employer Won't Pay Expenses - Submission Too Late

I've been working for my current employer for nearly 12 years and have
always got on well with my collegues and management. It's a decent
well-paid job, so we're not talking sweat-shops here.

I have to submit expenses for things like parking, tolls and supplies
etc. that I pay up-front. As it's usually around 50 UKP a month, I often
save them up before submission

Now, for the first time ever, I've had a claim refused because,
apparently it's company policy not to pay expenses over 3 months old.

Now, I've never been told this and a quick straw poll of my collegues
would suggest I'm not the only one. It's only for around 50 UKP, but I
don't see why I should have to write it off as I was unaware of this rule

The trouble is, the decision has been made by the MD, so I can't go any
higher. My line manager is in agreement with me, but the big chief won't
budge.

I don't want to threaten legal action without knowing where I stand.

Can anyone help?

TIA.

Steve.

  #2  
Old December 5th 06, 11:20 PM posted to uk.legal.moderated
Don Aitken
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Posts: 1,055
Default Employer Won't Pay Expenses - Submission Too Late

On Tue, 5 Dec 2006 20:20:07 +0000, Silk wrote:

I've been working for my current employer for nearly 12 years and have
always got on well with my collegues and management. It's a decent
well-paid job, so we're not talking sweat-shops here.

I have to submit expenses for things like parking, tolls and supplies
etc. that I pay up-front. As it's usually around 50 UKP a month, I often
save them up before submission

Now, for the first time ever, I've had a claim refused because,
apparently it's company policy not to pay expenses over 3 months old.

Now, I've never been told this and a quick straw poll of my collegues
would suggest I'm not the only one. It's only for around 50 UKP, but I
don't see why I should have to write it off as I was unaware of this rule

The trouble is, the decision has been made by the MD, so I can't go any
higher. My line manager is in agreement with me, but the big chief won't
budge.

I don't want to threaten legal action without knowing where I stand.

Can anyone help?

The magic words are "custom and practice". If they have *in fact* made
a practice of paying claims which are more than three months old
(without saying things like"just this once"), they cannot abruptly
stop doing so without warning. What they *say* is "company policy" is
irrelevant; the criterion is what they have usually done in the past.
Employees are entitled not to have it changed to their detriment.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"

  #3  
Old December 6th 06, 02:45 AM posted to uk.legal.moderated
Alex Heney
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Posts: 23,205
Default Employer Won't Pay Expenses - Submission Too Late

On Tue, 5 Dec 2006 20:20:07 +0000, Silk wrote:

I've been working for my current employer for nearly 12 years and have
always got on well with my collegues and management. It's a decent
well-paid job, so we're not talking sweat-shops here.

I have to submit expenses for things like parking, tolls and supplies
etc. that I pay up-front. As it's usually around 50 UKP a month, I often
save them up before submission

Now, for the first time ever, I've had a claim refused because,
apparently it's company policy not to pay expenses over 3 months old.

Now, I've never been told this and a quick straw poll of my collegues
would suggest I'm not the only one. It's only for around 50 UKP, but I
don't see why I should have to write it off as I was unaware of this rule

The trouble is, the decision has been made by the MD, so I can't go any
higher. My line manager is in agreement with me, but the big chief won't
budge.

I don't want to threaten legal action without knowing where I stand.

Can anyone help?


What does your contract say on the matter, and what has been practice
in the past?

If the contract is silent on the matter, and they have paid them in
the past, then they cannot just unilaterally change this without
warning.
--
Alex Heney, Global Villager
The way to a man's heart is through the left ventricle.
To reply by email, my address is alexATheneyDOTplusDOTcom

  #4  
Old December 6th 06, 09:05 AM posted to uk.legal.moderated
Toom Tabard
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Posts: 780
Default Employer Won't Pay Expenses - Submission Too Late


Silk wrote:
I've been working for my current employer for nearly 12 years and have
always got on well with my collegues and management. It's a decent
well-paid job, so we're not talking sweat-shops here.

I have to submit expenses for things like parking, tolls and supplies
etc. that I pay up-front. As it's usually around 50 UKP a month, I often
save them up before submission

Now, for the first time ever, I've had a claim refused because,
apparently it's company policy not to pay expenses over 3 months old.

Now, I've never been told this and a quick straw poll of my collegues
would suggest I'm not the only one. It's only for around 50 UKP, but I
don't see why I should have to write it off as I was unaware of this rule

The trouble is, the decision has been made by the MD, so I can't go any
higher. My line manager is in agreement with me, but the big chief won't
budge.

I don't want to threaten legal action without knowing where I stand.

As a 'rule' it is reasonable, otherwise claims start to get caual,
difficult to check, etc.
Situation might be influenced by whether it is written anywhere and you
should have been aware,
or is a new rule.
But, despite any rule, if it has been custom and and practice accepted
by your employer, best idea would be to write, re-submitting unpaid
items, explaining you were following previous practice and that this
reduced the number of necessary transactions. Ask for expenses to be
paid on this occasion with assurance that, now you've been informed,
you'll follow their required practice. Amicable and reasonable gives
you the advantage, and helps if you do eventually pursue legal action

Toom


  #5  
Old December 6th 06, 07:00 PM posted to uk.legal.moderated
Chris
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Posts: 3
Default Employer Won't Pay Expenses - Submission Too Late

If the things fall into the categories that Customs and Revenue accept as
expenses then you should be able to claim them on your tax form and get 50
knocked off nex year's tax bill.

If you don't already fill in a tax form then this might be extra hassle but
could be worth it for £50.

Chris


  #6  
Old December 6th 06, 08:50 PM posted to uk.legal.moderated
The Central Authority
external usenet poster
 
Posts: 16
Default Employer Won't Pay Expenses - Submission Too Late

On Wed, 6 Dec 2006 19:00:07 +0000, "Chris" wrote:

If the things fall into the categories that Customs and Revenue accept as
expenses then you should be able to claim them on your tax form and get 50
knocked off nex year's tax bill.

If you don't already fill in a tax form then this might be extra hassle but
could be worth it for £50.


Nope, the income tax authorities are only concerned with *tax*.

The best to hope for is that you get a tax allowance for them, so you
pay less income tax by the amount of whatever your highest rate is on
£50 (or whatever).

DG


  #7  
Old December 6th 06, 10:25 PM posted to uk.legal.moderated
Chris
external usenet poster
 
Posts: 3
Default Employer Won't Pay Expenses - Submission Too Late

If the things fall into the categories that Customs and Revenue accept as
expenses then you should be able to claim them on your tax form and get 50
knocked off nex year's tax bill.

If you don't already fill in a tax form then this might be extra hassle but
could be worth it for £50.

Chris


  #8  
Old December 6th 06, 10:45 PM posted to uk.legal.moderated
Alex Heney
external usenet poster
 
Posts: 23,205
Default Employer Won't Pay Expenses - Submission Too Late

On Wed, 6 Dec 2006 19:00:07 +0000, "Chris" wrote:

If the things fall into the categories that Customs and Revenue accept as
expenses then you should be able to claim them on your tax form and get 50
knocked off nex year's tax bill.

If you don't already fill in a tax form then this might be extra hassle but
could be worth it for £50.


Actually a maximum of £20.

You don't get the value of the item knocked off your tax bill, you
just get it knocked off your taxable income. So the most you can
recover is 40%, and only that much if your highest rate of tax is 40%.
--
Alex Heney, Global Villager
Fad: In one era and out the other.
To reply by email, my address is alexATheneyDOTplusDOTcom

  #9  
Old December 7th 06, 10:30 PM posted to uk.legal.moderated
Silk
external usenet poster
 
Posts: 57
Default Employer Won't Pay Expenses - Submission Too Late

Oh well, one firm but diplomatic email and he's paying up. Spoilsport. :-)

Thanks to everyone for their help. I just needed to know what to do next
if things got a bit tricky.

 




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