Should employer pay overnight expense?

getmore4less

All the talk about milage claims might have been a waste of time.

The OP gets a company car allowance and fuel card.


I think the key will come down to the contract.

Can the employer insist on the OP traveling in their own time?

If not there is room for comprimise.

ckerrd

I can't see how they can insist on not paying him for travel.

ninky_2

there are two different issues here.

1) the working hours an employer can expect of you.
2) what expenses and employer should cover.

regarding working hours, you should not be expected to work more than 48 hours on a typical week (this doesn't include lunch hours and rest breaks). you must also have at least 11 hours break between working days. so expecting you to work a 13 hour day (8 hours plus 5 hours) is not actually breaking this rule so long as it is not EVERY day.

for rules on working time see here.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

regarding your expenses. if you are paye for tax purposes (i assume you are?) then i would have thought your employer should pay mileage. i don't think they have to pay for a hotel or meals as from what i understand you could commute this within the 13 hour day.

jdturk

ninky wrote: »

there are two different issues here.

1) the working hours an employer can expect of you.
2) what expenses and employer should cover.

regarding working hours, you should not be expected to work more than 48 hours on a typical week (this doesn't include lunch hours and rest breaks). you must also have at least 11 hours break between working days. so expecting you to work a 13 hour day (8 hours plus 5 hours) is not actually breaking this rule so long as it is not EVERY day.

for rules on working time see here.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

regarding your expenses. if you are paye for tax purposes (i assume you are?) then i would have thought your employer should pay mileage. i don't think they have to pay for a hotel or meals as from what i understand you could commute this within the 13 hour day.

So why is my 5 minute drive to my workplace not dictated as work time but the OP's 2.5 hours drive is deemed work time. Genuine question requesting a genuine answer please!

DKLS

If the op was my employee he would get up to £100 (ex vat) a night for outside London, up to £115 (ex vat) for London and £28 for subsistance.
And with flights anything longer than a 5hr flight they would be upgraded to biz class.

I dont see the point of having tired staff, they are not as effective, more prone to making errors etc hence its much cheaper to cover their most basic of expenses.

sandiep

So, dress it differently. Tell the Manager that you can stay in an Ibis on a long term rate for around £40pn, and that will save the firm significant money on the fuel costs (which the firm I guess are paying) as well as meaning that you're reducing the mileage on the car (because the car will be on a contract hire and will have a mileage limit associated with it).

ckerrd

jdturk wrote: »

So why is my 5 minute drive to my workplace not dictated as work time but the OP's 2.5 hours drive is deemed work time. Genuine question requesting a genuine answer please!

The OP has a normal place of work to which he travels and will be paid no time or mileage.
This is a temporary place of work. The increase in time and mileage should therefore be paid

There you go - genuine reason and answer.

ckerrd

DKLS wrote: »

If the op was my employee he would get up to £100 (ex vat) a night for outside London, up to £115 (ex vat) for London and £28 for subsistance.
And with flights anything longer than a 5hr flight they would be upgraded to biz class.

I dont see the point of having tired staff, they are not as effective, more prone to making errors etc hence its much cheaper to cover their most basic of expenses.

Very generous and I agree with the comment about tired staff.

sweetstudent

DKLS wrote: »

If the op was my employee he would get up to £100 (ex vat) a night for outside London, up to £115 (ex vat) for London and £28 for subsistance.
And with flights anything longer than a 5hr flight they would be upgraded to biz class.

I dont see the point of having tired staff, they are not as effective, more prone to making errors etc hence its much cheaper to cover their most basic of expenses.

Can I work for you?

timnicebutdim_2

ckerrd wrote: »

Unless you are suggesting he claims the mileage for the trip there and back and then uses this money to help pay for a hotel in which case it is not fraud.

That’s it! - If for some reason he’s not claiming mileage allowance already. Hence what was said in post #5 & 6.

rupee99 wrote: »

Whilst you quote the practical circumstances the legal situation is that the offence of Obtaining Property by Deception is one of strict liability.

Whatever the nett result to the employer is you cannot say the expense was for one thing whereas it was actually paid for something else.

It could well be that the employer would "turn a blind eye" but, if as suggested by the OP in his first post the employer is not minded to pay the expenses (and we don't know what the OP gets as a mileage allowance, if anything) then should problems occur in the future he lays himself open to potential trouble in the future.

Sorry but I don’t understand…. So long as your claim for expenses is legitimate (I.e. mileage @ 40p per mile when you have paid for the petrol), then when the money is reimbursed to you from your employer, you can spend it on what ever you wish. Just like your wages.