Is this legal?
Discussion
The company for which I work operate a company car scheme.
In received an email the other day stating that unless mileage returns are returned on the last day of the month then ALL mileage will be counted as private and charged as such.
Is that legal? Whether reported today or tomorrow the business mileage is still business.
Also it represents a change to the terms of employment, as far as I'm aware that can't be imposed onto an employee without their agreement.
Thanks.
In received an email the other day stating that unless mileage returns are returned on the last day of the month then ALL mileage will be counted as private and charged as such.
Is that legal? Whether reported today or tomorrow the business mileage is still business.
Also it represents a change to the terms of employment, as far as I'm aware that can't be imposed onto an employee without their agreement.
Thanks.
Sounds like its just a process change to me, not sure if the law even comes into it, I wouldnt imagine your contract specifies anything about mileage submission process so more to do with the company handbook which IME they can do what they like with.
A while back we were told to submit expenses, mileage, timesheets and some other stuff by mid day on the last friday of every month. bit if a ball ache but not a real issue however If the forms had ANY mistakes on they werent counted, and they were not checked until after the deadline for submission. So we worked out the only way to guarantee they would be accepted was to all turn up at the office on the friday morning and get the admin person to check printed copies of every document to ensure compliance.
They quickly returned to a more flexible approach when it became clear that this meant most people didnt bill anything on that day.
A while back we were told to submit expenses, mileage, timesheets and some other stuff by mid day on the last friday of every month. bit if a ball ache but not a real issue however If the forms had ANY mistakes on they werent counted, and they were not checked until after the deadline for submission. So we worked out the only way to guarantee they would be accepted was to all turn up at the office on the friday morning and get the admin person to check printed copies of every document to ensure compliance.
They quickly returned to a more flexible approach when it became clear that this meant most people didnt bill anything on that day.
Golaboots said:
I am just doing it. My issue will be if I forget or am holiday or something and get stung circa £300 on fuel which was used for work.
Company in applying deadlines shocker?I presume if you going to be on holiday you can submit the details earlier?
Better not forget. If you do, you'll be able to sue for emotional distress owing to the charges.
It could well be legal considering this
http://www.hmrc.gov.uk/rti/index.htm
States: "From April 2013, employers will be legally required to report PAYE in real time. This means that information about all PAYE payments needs to be submitted to HMRC online each time a payment is made as part of the payroll process, rather than at the end of the year as they are now."
If mileage is needed due to tax calculations they have no choice but to do it. If you don't supply the figures they have to do something which appears to satisfy HMRC
http://www.hmrc.gov.uk/rti/index.htm
States: "From April 2013, employers will be legally required to report PAYE in real time. This means that information about all PAYE payments needs to be submitted to HMRC online each time a payment is made as part of the payroll process, rather than at the end of the year as they are now."
If mileage is needed due to tax calculations they have no choice but to do it. If you don't supply the figures they have to do something which appears to satisfy HMRC
My previous employer did the same thing, but we had a couple of days leeway - 4th of the month, IIRC. We were told to put the figures in early if we went on holiday, then add the holiday period mileage to the following month's total. We actually had to report the figures twice - leasing company (to compile HMRC returns) and fuel card company (to work out private mileage reimbursement).
Soon became second nature. We did it on company time, so no real problem.
Soon became second nature. We did it on company time, so no real problem.
How exactly is it worded? Do you have to,
a) put in a return on the last day of November covering that calendar month?
or
b) can you put in a return on the last day of November covering 21 October to 20 November etc?
Anyway, presumably if you're going on holiday over a month end you can just submit your business mileage early.
a) put in a return on the last day of November covering that calendar month?
or
b) can you put in a return on the last day of November covering 21 October to 20 November etc?
Anyway, presumably if you're going on holiday over a month end you can just submit your business mileage early.
Dodsy said:
Sounds like its just a process change to me, not sure if the law even comes into it, I wouldnt imagine your contract specifies anything about mileage submission process so more to do with the company handbook which IME they can do what they like with.
A while back we were told to submit expenses, mileage, timesheets and some other stuff by mid day on the last friday of every month. bit if a ball ache but not a real issue however If the forms had ANY mistakes on they werent counted, and they were not checked until after the deadline for submission. So we worked out the only way to guarantee they would be accepted was to all turn up at the office on the friday morning and get the admin person to check printed copies of every document to ensure compliance.
They quickly returned to a more flexible approach when it became clear that this meant most people didnt bill anything on that day.
And we wonder why businesses struggle these days, even their own employees are a burden. A while back we were told to submit expenses, mileage, timesheets and some other stuff by mid day on the last friday of every month. bit if a ball ache but not a real issue however If the forms had ANY mistakes on they werent counted, and they were not checked until after the deadline for submission. So we worked out the only way to guarantee they would be accepted was to all turn up at the office on the friday morning and get the admin person to check printed copies of every document to ensure compliance.
They quickly returned to a more flexible approach when it became clear that this meant most people didnt bill anything on that day.
I don't see why this is a problem. I had a company car with my previous employer and mileage had to be submitted by the 3rd of the following month. If not, the full amount was deducted from your next wage. I forgot over Christmas/New Year and about £500 was taken out of my wage, I then had to claim it back as expenses. We were allowed to submit between 25th and 3rd of each month so it didn't need to be on the day, I always aimed for the last day of the month, or payday - you're already thinking about money that day. Just set yourself a reminder.
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