Im mainly after some one to point me in the right direction but if anyone has similar experience please chime in. So until recently I had to put in fuel claims for my job (we now use fuel cards). Company policy is that claims have to be submitted within 45 days. Due to different reasons not related to my job I have about 3 months of fuel claims, I submitted them but got told because its over 45 days they will not pay back all of it. Can they do this? I would expect a disciplinary for missing the deadline but to with hold my money entirely? Anyway I realise bit isn't a legal forum, just after a poke and point. Thanks
Yes, they can do this, sorry. This is not about breaking rules but about bookkeeping. If they pay you back the whole three months, they have to account for it somehow and I expect their finance system doesn't allow for that (we have the same problem in the NHS). This in turn will have repercussions for budget accountability and for declaration of tax and exemptions. If they make an exception for you, they have to do it for everybody and soon the whole thing turns epically messy as people dump huge fuel bills on their desk at the end of the financial year and they have no budget in reserve to cover them.
Plus, I would imagine that a few hours of work at a half-decent legal beagle's hourly rate would fast offset any payment you may get back.
If you have the time you could ask where you stand at your local CAB (citizens advice bureau) although you may find that after waiting forever to see an adviser that they would probably just confirm what Nexxo & jinq-sea have already said.
I'm guessing your contract also states 45 days as well? I don't think you have much of a leg to stand on if thats the case.
From what he's stated, its a new system in place so it wouldn't be in his original contract. they would have had to draw up a brand new contract if they want this legally binding unless they've had him sign a new agreement regarding it (but even then the original contract stating fuel coverage should superseed it). As it's a new policy at his workplace they should actually be honoring any receipts prior to the implentation day (+ an extra 30days to make sure everyone onboard the program)... any receipts generated up until he was handed the fuel card and it was activated would to be honored. This is just my understanding of things, so I'm most likely comepletley wrong
You have not read the OP properly, the new policy is the use of fuel cards, not the 45 day time limit. It seems to me the only chance is to have a word with them and explain the circumstances, to see if they might make an exception, if the circumstances were exceptional.
If the contract doesn't state the difference between 45 days and 45 working days then they will have to pay you back until 45 working days (ie 9 weeks, circa 63 days which brings you up to the end of the second month and knocking on the door of the third. Its about as close as you will get to getting the claim back and unless they specify anything other than 45 days such as 45 calendar days they have no argument.
My tuppence, having been in a similar situation, put cap firmly in hand and plead poverty to the person who signs off the claims. Yes it will be a few extra minutes of someone's time to balance things but if it's a reasonable sum, you have gone out of pocket on the company's behalf in the first place and policy nothwithstanding you have been flexible with them. The company have clearly recognised this in going to a fuel card system so appealing that decision is not unwarranted.
We have a similar window for making fuel claims at DHL. It made me laugh a couple of months ago! I've been on the road using DHL paid hire cars for the past three years and they'd never even asked if I had a driving license. It was only recently that they decided to officially ask if I could drive and to provide a copy of my license. Outstanding efficiency!
