NHS - Travel Expenses

Andybooth23

Hi all,
For 9 months earlier in the year I was employed as a Clinical Swabbing Assistant during the pandemic. In October I begun a new project role for COVID. 

The job advert stated the role as: "The post holder will be based will be required to work agily from home with the necessary equipment provided. There will be required to travel within the locality to deliver the requirements of the role"
The job spec then states: "Able to travel between venues to accommodate the needs of the role – this will be occasional"

At interview we were informed that we would be in the office/out and about within the locality assisting with testing for 1-2 days a week and the rest at home. Since then we have in reality been in the office/environment 4 days a week and 1 day at home, which is fine.

For the first three months of this, myself and a colleague were claiming our travel expenses from home to the office/needs of the business. This was amounting to circa 600-800 miles a month. The first three months these have been paid and not queried by payroll/line manager. However, we were told the other day by our line manager (who i believe was doing the same, but then got told by their line manager) that we'd ''managed to get away with it the last couple of months, but we can't claim from home anymore, only miles from the office onwards''..

We are both fully aware that in any employment we are not eligible to claim miles from home to base, HOWEVER, on our contract our BASE location is listed as: Home working during Covid" but it does not state place of work out of covid or what it classes as "during Covid". This role is a Covid FTC so all the role should be during Covid.

The contract then goes onto state: 9.1 Your normal place of work will be as set out in section 1 under BASE location but you may be required to work elsewhere to meet the needs of the service. When you are required to work at a location which is not your normal place of work, you will be paid expenses in accordance with the conditions laid down in the National Conditions.

I have not challenged this yet, I just wanted to hopefully get some advice on the next steps and if I am right in my assumption I am eligible for the expenses, as my base is home and I am traveling onwards from there.

Thanks!

Savvy_Sue

I think you have been 'getting away with this', but I think their argument will be that effectively your base is now the office more often than not. This may be followed up with a contract change. If you're in a union you could consult them, but I wouldn't hold my breath. 

Andybooth23

Savvy_Sue said:

I think you have been 'getting away with this', but I think their argument will be that effectively your base is now the office more often than not. This may be followed up with a contract change. If you're in a union you could consult them, but I wouldn't hold my breath. 

Hi Sue,

Thanks for your reply. I don't see it as getting away with it, as I took the position that the role would be home working with very occasional travel, not approx 4-5 days a week to the office and around the community in the region of 700 miles a month.

As far as I'm aware for a contract change if changing the base of work they need to cover expenses incurred as a result of this change up to £4,000 for the period of 4 years. My union have just advised to challenge this as ''if states in your contract of employment that your place of work was your home , then your employer may be breaching your contract of employment  by refusing to pay you travel expenses from your home.

I would take this up with your manager and would suggest speaking with your departmental HR.''

They also don't clarify what ''home working during covid 19'' is, ie what do they class as during. Just lockdowns, whilst theres more than one active case in the uk? Or base when not in a pandemic.
I will keep this thread updated

Savvy_Sue

Fair enough: obviously the union know more than I do. I'm basing my response on knowing HMRC's view of travel to your normal place of work, which you're aware of too. If in practice you are more office-based than not, the employer may be keen to avoid a challenge from HMRC. But yes, please keep us up to date. 

Savvy_Sue

I think the other caveat I'd give is that you need to remember you have been in this job - assuming it's continuous service from the previous but even more true if not - for less than 2 years. You might want to avoid appearing to be 'hard work', because until you've got that two years under your belt you don't have much comeback if the employer decides "it's just not working out". 

You, your colleague and possibly your line manager might want to maintain a united front on this, with the union's backing. If you're right about the implications of a contract change, you wouldn't initially be out of pocket, but it's possible the query has been raised because the costs of this project are appearing higher than anticipated because of the travel expenses. 

And I say "if you're right" because my memory is that such a payment is 'allowable' by HMRC for 2 years rather than 4, but I'm rusty on this stuff, AND your contractual arrangements might be as you state. They just strike me as very generous, and I believe that 2 year exemption is intended to give people a chance to relocate if a move by the employer makes travel much longer for some.