expenses after leaving company

expenses after leaving company

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BigRickus

Original Poster:

113 posts

112 months

Saturday 28th May 2016
quotequote all
Left my previous job at the end of November by resignation.
Forgot to apply for my last 2 months expenses... only 3-400 quid..

Submitted these is April, and on chasing them for payment this week was told that as I left it so long, they wouldn't be paying me... nothing in contract or their acceptance of my resignation letter did it state they had to be submitted by cut off dates...
Can anyone tell me where I stand please?

Many thanks.

Swoxy

2,801 posts

210 months

Saturday 28th May 2016
quotequote all
Letter Before Action then Moneyclaim Online.

TbirdX

115 posts

113 months

Saturday 28th May 2016
quotequote all
Small claims court perhaps, might embarrass them into it ;-)

BigRickus

Original Poster:

113 posts

112 months

Saturday 28th May 2016
quotequote all
Thanks for the replies. Do they have any grounds at all from a legal aspect?

Eric Mc

122,032 posts

265 months

Saturday 28th May 2016
quotequote all
I wouldn't think so - as long as you didn't sign away any rights to unpaid amounts due to you when you left.

Sy1441

1,116 posts

160 months

Saturday 28th May 2016
quotequote all
The last 3 compNies I've worked for had a policy of expenses having to be claimed within 3 months of the receipt, none of them held me to this but can imagine they may have if I was no longer an employee.

Jasandjules

69,895 posts

229 months

Saturday 28th May 2016
quotequote all
BigRickus said:
Can anyone tell me where I stand please?
Ask them for the term in the contract of employment they seek to rely on.

Advise them if nothing is provided which supports their contention within seven days a county court claim will be lodged without further notice.

4x4Tyke

6,506 posts

132 months

Monday 30th May 2016
quotequote all
Sy1441 said:
The last 3 compNies I've worked for had a policy of expenses having to be claimed within 3 months of the receipt, none of them held me to this but can imagine they may have if I was no longer an employee.
A policy like that cannot be grounds for refusal to repay an amount owed, it could perhaps be used as performance criteria.

Sheepshanks

32,769 posts

119 months

Monday 30th May 2016
quotequote all
November to April is quite a long time, and past all sorts of accounting deadlines - end of calendar year, end of financial year, two quarter ends etc.

Plus you obviously didn't miss the money to not notice it for so long.

Eric Mc

122,032 posts

265 months

Monday 30th May 2016
quotequote all
Sheepshanks said:
November to April is quite a long time, and past all sorts of accounting deadlines - end of calendar year, end of financial year, two quarter ends etc.

Plus you obviously didn't miss the money to not notice it for so long.
How do you know it is past the end of the employer's financial year?

Even if it is, as the amount is not that great, I am sure an entry in the following year's accounts to cover it would not seriously distort either year end's accounts to stop them from being "true and fair".

elanfan

5,520 posts

227 months

Monday 30th May 2016
quotequote all
Just because these folk make up some arbitrary rule that is their 'policy' doesn't make it right. Unless they have put it in your contract (and that would probably fall under Unfair Contract Terms) then they have no grounds to refuse legally or for that matter morally. The plain fact of the matter is you incurred costs on their behalf so they owe it to you. Sounds like you are well off out of there. Letter before action as stated. Maybe post a factual statement on their Facebook or similar page. and embarrass them. Don't let them get away with it. This we're big and your small and what are you going to do about it really pisses me off. They are bullies.

NDA

21,574 posts

225 months

Monday 30th May 2016
quotequote all
BigRickus said:
Thanks for the replies. Do they have any grounds at all from a legal aspect?
They should pay you. You incurred the expenditure on company business, the validity of the claim therefore can't be disputed.

It would be miserly to try and block the claim as it takes a very short time to authorise it and pay you. If they refuse, then, as suggested earlier, go to the small claims court - they'll pay very quickly.

elanfan

5,520 posts

227 months

Monday 30th May 2016
quotequote all
OP if you really want to piss them off, when you send in your Letter before Action also submit a further expense claim for the recorded delivery letter and an administration fee of £25 and state that is your 'policy' for having to write a letter, Add further correspondence will be charged at £50 a time - as that is your policy. Also add that if not settled within 7 days you will be adding interest.

Jasandjules

69,895 posts

229 months

Monday 30th May 2016
quotequote all
Sheepshanks said:
November to April is quite a long time, and past all sorts of accounting deadlines - end of calendar year, end of financial year, two quarter ends etc.

Plus you obviously didn't miss the money to not notice it for so long.
Neither of which is relevant to the question of whether the money is owed....

Sheepshanks

32,769 posts

119 months

Monday 30th May 2016
quotequote all
Jasandjules said:
Neither of which is relevant to the question of whether the money is owed....
That wasn't the question.....

Eric Mc

122,032 posts

265 months

Monday 30th May 2016
quotequote all
Are you asserting that the OP has forfeited his rightful claim to the money because he failed to make his claim in time?

If that is the case, what time limits were placed on such claims by the employer?

Was the OP aware of such time limits?

Had the OP agreed in his employment contract to such time limits?

Or, were these time limits miraculously invented by the former employer on the spur of the moment?

Does the employer apply such time limits to all its employees?

Sheepshanks

32,769 posts

119 months

Monday 30th May 2016
quotequote all
The only things I'm asserting are that November to April is quite a long time and that the OP obviously didn't miss the money.

Eric Mc

122,032 posts

265 months

Monday 30th May 2016
quotequote all
Sheepshanks said:
The only things I'm asserting are that November to April is quite a long time and that the OP obviously didn't miss the money.
And all totally irrelevant - unless the employer had a stipulated time limit for making expense claims - which it seems they didn't.

98elise

26,601 posts

161 months

Tuesday 31st May 2016
quotequote all
4x4Tyke said:
Sy1441 said:
The last 3 compNies I've worked for had a policy of expenses having to be claimed within 3 months of the receipt, none of them held me to this but can imagine they may have if I was no longer an employee.
A policy like that cannot be grounds for refusal to repay an amount owed, it could perhaps be used as performance criteria.
Serious question, but why not (assuming its in the contract or expenses policy)?

The company says it will refund you certain expenses as long as you get them in by a set time. If you don't do that why should they pay you?

Is that any different to saying we will pay you X of you do Y. You fail to do Y but want paying X anyway?

As long as your salary isn't below minimum wage then why can't that be enforced.

I'm not saying it shouldn't morally be paid, I'm interested in the legalities.

Eric Mc

122,032 posts

265 months

Tuesday 31st May 2016
quotequote all
98elise said:
Serious question, but why not (assuming its in the contract or expenses policy)?

The company says it will refund you certain expenses as long as you get them in by a set time. If you don't do that why should they pay you?

Is that any different to saying we will pay you X of you do Y. You fail to do Y but want paying X anyway?

As long as your salary isn't below minimum wage then why can't that be enforced.

I'm not saying it shouldn't morally be paid, I'm interested in the legalities.
Did they state BEFOREHAND that the expense claim had to be made within a set time?