expenses after leaving company
Discussion
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.
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.
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 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?Plus you obviously didn't miss the money to not notice it for so long.
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".
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.
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.
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.
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....Plus you obviously didn't miss the money to not notice it for so long.
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?
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?
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.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.
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?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.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff