Employment Laws.

Mark_h_4

Hello,
I’m not sure who I need to approach about this but I would like some advise if possible.


On the 1st of October I transferred over to A new company to work on a specific contract which my old company had lost.

Throughout my consultation period I was told that if I wasn’t going to use a company car I would have my petrol paid for me as I would be a mobile engineer.

I have now been told this isn’t the case as I’m not a mobile engineer and no money will be paid. However I have e-mails from my managers manager saying otherwise.


I feel like I have been mislead by my management because my boss also told me that I was a mobile engineer and to make sure all my millage was claimed on multiple occasions.

I have done as I have been instructed and informed but at the last minute this has now changed? Surely I cant be lead on and lied to like that?


Last time my manager was here he also said I would no longer be covering the 3 sites I was told I would be as part of the contract change. I have now been reduced to 2 even though through my consultation period I was told something different.

I’m sure you can understand I feel very upset and angry that my job has basically been totally changed without even being consulted or any attempts to rectify the problem. All I have been told is "sorry".

What legal rights do I have and what action can I take? I have spoken to my HR team but have made no progress at all.

Im currently £500 out of pocket and counting which is not ideal this close to christmas.

Thanks,
Mark

Jarndyce

Was this outstanding mileage incurred in the process of you doing your job as opposed to getting to and from work? In your new role you are either mobile (ie working at multiple sites) or not (working at one site) - which is it?

The employer is probably able to change your job description providing it is not fundamentally different to what it was before (ie being a mobile engineer to a static engineer would not be a fundamental change IMHO). However if there was confusion in the transition and you have it in writing that you would be paid mileage in your old role and were not paid then you may have a case for claiming it back - we need more info to decide - what was the exact sequence of events and is your new role mobile or not (regardless of what the new employer tells you)?

Mark_h_4

My job wasnt mobile before. I was based at one location. My new role should be mobile as I should be travelling between 3 different locations.

The millage claim i submitted was as my boss had advised from my house (As I was told I dont technically have an office as im mobile) to where ever I was working and this was all new miles after the transfer.

However now I have been told by my company im not mobile so I wont be paid any millage.

DomRavioli

Its unlikely that will be classed as mobile working, as you know the 3 sites you are going to visit. Also, because nothing was signed in a contract, its unlikely that it would stand up in a legal sense, even though it is in print. If new terms are not signed within a new legally binding contract it can mean that paperwork becomes null and void as there is a possibility that the emails were informal, or could be deemed as such. I work from 4 sites and I don't get any mileage, car allowance or other.

Jarndyce

Ok. So your old boss made you guarantees he was in no position to give. Sorry but in that case I regret I don't believe you have a case to claim back the mileage.

So now you are presumably 'based' at all three locations and can be asked to attend any of them at any time - if they're all roughly the same distance from your home I guess that can be justified. If not though I would be keeping detailed records with a view to making a case that you are out of pocket in the future.

Uncertain

DomRavioli wrote: »

Also, because nothing was signed in a contract, its unlikely that it would stand up in a legal sense, even though it is in print. If new terms are not signed within a new legally binding contract it can mean that paperwork becomes null and void as there is a possibility that the emails were informal, or could be deemed as such.

A verbal agreement (or come to that an "informal" email) can be just as binding as a signed document with the work contract at the top. Obviously it may be harder to prove, particularly if verbal, but it is just as valid.

Uncertain

Jarndyce wrote: »

Ok. So your old boss made you guarantees he was in no position to give.

Sorry, I don't agree.

Even if the old boss exceeded his authority it is still the firm's responsibility. The can discipline for misconduct but that doesn't mean they can avoid picking up the tab for his actions.

Mark_h_4

My problem is I have bascially been left out of pocket my HR are saying there has been a "miss communication". However I cant help but feel that being given false informatiom which could have affected my judgement to tupe in the first place?

Surely this has to be wrong?

Weather he had authority or not the information was provided to me and I was left expecting all these nice things which havent been kept up?

Jarndyce

Uncertain wrote: »

Sorry, I don't agree.

Even if the old boss exceeded his authority it is still the firm's responsibility. The can discipline for misconduct but that doesn't mean they can avoid picking up the tab for his actions.

Hmm - kind of depends on what exactly was said - whether it was a promise or a prediction.

OP - what exactly did the email say?

Mark_h_4

I should also add that people in the same team as me do recieve company cars already.

Mark_h_4

"The expectation is that you cover 3 sites. In this situation, you would obviously need transport and therefore we would treat this as a "mobile" engagement and you would,in turn, be eligible to claim all mileage. I may have been a little naive in anticipating that this would be the case from day 1 , which is what was then in turn communicated to you as part of the consultation."