Implied contract terms

[ArmaghMan]

My contract with my employer signed 6 years ago states that I will get a fuel card. I never got one but get 25p a mile instead. This has been the situation for at least 4 years. The co. now want to change the mileage rate.

Is this a change to my contract of employment even though it was never written into my contract?

[CurvaParabolica]

How can something constitute a change of contract if it was never written into your contract in the first place? Unless of course your contract specifically states that you could claim mileage in lieu of the fuel card.

As far as I'm aware a business can amend allowances that are affected by external factors (i.e. the price of fuel etc) as and when they see fit.

[davepoth]

25p a mile is a stty rate anyway.

http://www.hmrc.gov.uk/rates/travel.htm

Should be 40p a mile for the first 10,000 miles.

[Simbu]

IIRC you're allowed to claim the remainder of the 40p per mile you don't get paid by your employer as tax relief?

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Ta...

[edc]

I would be surprised if the mileage rate itself is in a contract. It may form part of a fuel/car/fleet/expense policy but with appropriate consltation or clauses these can be amended and updated.

[steveatesh]

You are allowed 45p per mile under current HMRC rules (changed at the start of the 2011 tax year)
If your employer pays you less than that you should claim the difference back from HMRC at the end of each tax year (I believe this is s a simple process and no doubt the relevant form is downloadable from HRMC.gov.uk)

Allowances are not generally part of your contract and can be varied.