Employee expenses

12
Found 28th Jan
Hi. Any advice would be great.
My job is described as a national role. I cover the whole country.
Since I started, I got paid mileage for all journeys (apart from if I travelled into Head Office, which is about once per week). So other than going to Head Office , I got mileage from home to the sites and back.
It looks like they want to change things for me and now take off the home to Office miles daily.
The thing is the office is almost a 140 mild round trip daily and this would cost me around £300 a month extra on fuel.
I love my job but I simply can’t afford this amount of additional expense.
Can my employers do this, there is no change to my role and the where I’m travelling to. I would never have taken a job if I had to pay 140 miles a day travel.
I should say that they tried this once before about 8 years ago and I was told that the company had sought legal advice and they were advised it could be seen as constructive dismissal as it was such a huge change to my terms and conditions.
It’s new management now.
Can they just apply a base after 10+ years solely for the purposes of expenses claims?
I don’t get paid home - office. They see my position more as a peripatetic post.
Any advice would be very much appreciated
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The same would apply as 8 years ago that it will be seen as constructive dismissal. Companies can change the way they pay for mileage but most companies do not pay you to come into work from Home - Office. I would seek advice from CAB or Union rep. Failing that you could speak to ACAS (but I will worn you they may not be helpful as they do not offer “legal advise”)
I used this, i also work mobile no fixed office.
acas.org.uk/ind…520
Home to work (fixed address) and back isn't business mileage. So they probably can. Your situation is the same as somebody demanding a bus/train season ticket to get to work. I'd say you've been lucky so far but would like to hear the outcome.
You need proper advice and to go through your contract.

I would say that you are home based and they are looking to argue that you are based at head office.

Are you in a union?
How easy would it be for you to move to another company (competitor?)
Home to office travel will not be considered for travel expense from an employer and certainly not allowed under HMRC rules for employment expense for anyone who is employed.

However if your contract spells out that you are entitled to claim travel expense to and from your office when you started your employment then you may have a case, otherwise it would have been a discretionary benefit by your employer, which they can take away.

From my experience, employers can change your contract and asks you to sign the new contract but they often take away something and give you something else to compensate and sweeten the loss. I was asked to sign a new contract where I got a big pay increase in exchange for lengthening the notice period on my contract. If I did not agree to sign the new contract then they said I would not get any pay increase at all!

My colleagues have been asked to sign new contracts which gave them less pension benefits but without any compensation in exchange, except that they would lose the pension benefits altogether if they don't sign up to the new less beneficial contract.

I would advise you ask CAB for formal advice but I would guess you have lost this benefit I am afraid.
Edited by: "mutley1" 28th Jan
Where is your normal place of work / office set as in your contact

I have a home work contract so my place of work is registered as my home, so when I go to the office I can claim petrol money on these journeys.
Original Poster
paul100548 m ago

Where is your normal place of work / office set as in your contactI have a …Where is your normal place of work / office set as in your contactI have a home work contract so my place of work is registered as my home, so when I go to the office I can claim petrol money on these journeys.


Thanks for your reply. My post is just stated as National. There was a clause written into the travel expenses policy that I could claim any mileage for travel when I visit head office.
I’ve had the same thing in the past. What does your contract say? Mine specifically says I work from home so all mileage is from home. A previous job stated from a specific office. I was supposed to knock off my office mileage from any trips but I did not do that and nobody checked. If they want to change your contract maybe you can change it to say you work from home. Also can you can book all travel miles based on starting at the office, it will probably even out eventually assuming your office is centrally based.
Edited by: "paul123edwards" 28th Jan
Actually yes they can do this as it’s in accordance with the rules as set out by HMRC. As you are only eligible for mileage above the journey to your designated place of work (.i.e your head office). If your place of work is deemed the head office then they would only pay above that and any mileage below that would be at your own expense. You would have no case for constructive dismissal as the company is complying with UK law.
Edited by: "cmdr_elito" 28th Jan
Original Poster
cmdr_elito28 m ago

Actually yes they can do this as it’s in accordance with the rules as set o …Actually yes they can do this as it’s in accordance with the rules as set out by HMRC. As you are only eligible for mileage above the journey to your designated place of work (.i.e your head office). If your place of work is deemed the head office then they would only pay above that and any mileage below that would be at your own expense. You would have no case for constructive dismissal as the company is complying with UK law.


Hi thanks for your reply.
The thing is, head Office is not my designated place of work. They just chose not to pay me for that particular journey on the days I go to the office.
Many people said that technically given they were paying for all my travel from home to the sites I visit then I should have pushed for them to pay the “Office days” too as they have it down as a national post (Like they do with a few other national posts).
Maxwell0201178 m ago

Hi thanks for your reply. The thing is, head Office is not my designated …Hi thanks for your reply. The thing is, head Office is not my designated place of work. They just chose not to pay me for that particular journey on the days I go to the office. Many people said that technically given they were paying for all my travel from home to the sites I visit then I should have pushed for them to pay the “Office days” too as they have it down as a national post (Like they do with a few other national posts).


Unless your contract specifically has your home as your place of work I think there is little you can do tbh. Especially as the contract will likely have the head office address on it.
Original Poster
cmdr_elito15 m ago

Unless your contract specifically has your home as your place of work I …Unless your contract specifically has your home as your place of work I think there is little you can do tbh. Especially as the contract will likely have the head office address on it.


Hi again. My contract has “National “ as place of work.

The policy is then what goes into the detail of what I can claim.
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