Travel Expenses

stans_mum

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.  Could I claim company mileage and travel time for the Thursdays I am now in the office?    

MattMattMattUK

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.

How many days a week do you work and what does it say for the other days? What is the specific wording for Thursdays and does your contract include any "subject to business need" clauses about time/days in the office?

stans_mum said:

Could I claim company mileage and travel time for the Thursdays I am now in the office?    

Only if they agree, but I very much doubt they would as HMRC would class it as commuting and so if paid it should be taxed.

How long have you been employed there, longer than two years?

DullGreyGuy

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.  Could I claim company mileage and travel time for the Thursdays I am now in the office?    

If you did you would be taxed on it as income not expenses. 

Ultimately it would require them to agree to it as you cannot force them to do it. 

stans_mum

DullGreyGuy said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.  Could I claim company mileage and travel time for the Thursdays I am now in the office?    

If you did you would be taxed on it as income not expenses. 

Ultimately it would require them to agree to it as you cannot force them to do it. 

I get the travel time would be earnings and taxed.  If we do any company mileage it's reimbursed at 32p per mile and not usually taxed

stans_mum

MattMattMattUK said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.

How many days a week do you work and what does it say for the other days? What is the specific wording for Thursdays and does your contract include any "subject to business need" clauses about time/days in the office?

stans_mum said:

Could I claim company mileage and travel time for the Thursdays I am now in the office?    

Only if they agree, but I very much doubt they would as HMRC would class it as commuting and so if paid it should be taxed.

How long have you been employed there, longer than two years?

16 years with the company.  I work Tuesday to Friday and had a letter confirming my normal place of work on a Thursday is home and quoted that it formed part of my employment contract 

MattMattMattUK

stans_mum said:

DullGreyGuy said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.  Could I claim company mileage and travel time for the Thursdays I am now in the office?    

If you did you would be taxed on it as income not expenses. 

Ultimately it would require them to agree to it as you cannot force them to do it. 

I get the travel time would be earnings and taxed.  If we do any company mileage it's reimbursed at 32p per mile and not usually taxed

It is not normal mileage, it is to and from your place of work, as such HMRC state that if it is paid then it is taxable.

stans_mum said:

MattMattMattUK said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.

How many days a week do you work and what does it say for the other days? What is the specific wording for Thursdays and does your contract include any "subject to business need" clauses about time/days in the office?

stans_mum said:

Could I claim company mileage and travel time for the Thursdays I am now in the office?    

Only if they agree, but I very much doubt they would as HMRC would class it as commuting and so if paid it should be taxed.

How long have you been employed there, longer than two years?

16 years with the company. 

On the plus side they cannot just show you the door which they could do if you were less than two years.

stans_mum said:
I work Tuesday to Friday and had a letter confirming my normal place of work on a Thursday is home and quoted that it formed part of my employment contract 

You cannot claim mileage or travel time, they could agree to increase your pay or reimburse you an amount but I suspect that their argument would be that you originally agreed to two days in the office so you are no worse off being back in the office two days a week. I would say it is seriously thinking about how far you want to push this all though, it may be worth considering if this would have an impact on your continued employment. 

LITRG

Hello, I don't know if our guidance on home working/hybrid working might help? There is a link to HMRC's guidance which suggests that the key is whether the hybrid working arrangement is voluntary or not:  https://www.litrg.org.uk/working/employment/taxable-employment-income/employment-expenses-travel

DullGreyGuy

stans_mum said:

DullGreyGuy said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.  Could I claim company mileage and travel time for the Thursdays I am now in the office?    

If you did you would be taxed on it as income not expenses. 

Ultimately it would require them to agree to it as you cannot force them to do it. 

I get the travel time would be earnings and taxed.  If we do any company mileage it's reimbursed at 32p per mile and not usually taxed

Because it's usually business travel which is a legitimate expense and so isnt taxed. You are talking about being paid for commuting to your regular place of work then this isnt a legitimate expense and so would be taxable as it's an employee perk. 

Undervalued

stans_mum said:

MattMattMattUK said:

stans_mum said:

My employers have forced a return to office, my contract states that my normal place of work on a Thursday is home and I have made it clear that I am working under protest and I don't agree to any change of terms and conditions to my contract.

How many days a week do you work and what does it say for the other days? What is the specific wording for Thursdays and does your contract include any "subject to business need" clauses about time/days in the office?

stans_mum said:

Could I claim company mileage and travel time for the Thursdays I am now in the office?    

Only if they agree, but I very much doubt they would as HMRC would class it as commuting and so if paid it should be taxed.

How long have you been employed there, longer than two years?

16 years with the company.  I work Tuesday to Friday and had a letter confirming my normal place of work on a Thursday is home and quoted that it formed part of my employment contract 

When?

That letter may help a little, but probably not as much as you think / hope.

Employment contracts are not set in stone and can be changed fairly easily, even against the employee's wishes, if the employer goes about it carefully.

Business needs can and do change. If the employer can show a valid reason why the change is necessary they can force the change. Your only options would be to either accept or to resign and attempt to claim unfair dismissal. Note, despite the resignation it would not be constructive unfair dismissal under these circumstances.

It would then be for an employment tribunal to decide f the imposed change is reasonable or not. If you win you would get some compensation but you would still be without a job.

sheramber

Your time to ask for expenses was before you started going into the office on Thursdays.

By attending , I would think you have weakened any case for claiming.

Despite saying you are doing it under protest you are not sticking your contract so cannot use that as justification for  an expenses claim. 

However, you can always  

I doubt it would qualify for  tax relief  as it is not a temporary workplace.