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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have provided services employer over the last 2 years, but

Customer Question

Customer: I have provided services for my employer over the last 2 years, but I have not yet made a claim. The local policy is for claims to be submitted within 30 days, though I doubt that is enforceable. What is the legal position please?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, thanks. The services provided are in respect of travel and subsistence expenses and a subscription for professional membership - all are claimable, though the local policy states within 30 days.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $45) to post your type of question to UK Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: I am thanks. I work as a civil servant in the role of senior internal auditor for the Ministry of Justice. My workload has constrained me from claiming earlier.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello how much is owed please?

Expert:  Ben Jones replied 1 year ago.

Hello, I see my colleague has decided not to continue with this question so I will help instead. Can you please let me know if you are working as an employee or self employed?

Customer: replied 1 year ago.
Hi - I would be happy to complete this Q&A by phone, though the space provided for the number doesn't allow for the full number to be inserted. To answer the last question, I estimate that I have incurred between £1k to £1.5k - covering daily subsistence allowances for food up to a standard limit per diem, train and taxi fares, plus a reimbursable membership subscription (with the Institute of Internal Auditing UK). I look forward to hearing from you. Tony
Expert:  Ben Jones replied 1 year ago.

Hello Tony, I am afraid I am unavailable for live phone call today so if you don’t mind I will post my response here.

The issue with expenses is that they are a contractual debt – it is not the same as wages which is covered under legislation. If they had decided not to pay your wages then you could have turned to specific legislation in terms of how long you have to claim. However, expenses are contractual and their reimbursement will be subject to a specific policy that covers them.

In general, employers retain flexibility over how expenses are reimbursed and they can set a specific deadline by which they must be claimed for them to become eligible for reimbursement. If the claims are submitted past that deadline, the employer can reject to reimburse them by arguing that the employee has not followed the specific policy, which would have contractual effect, and as such they have not met the required conditions expected of them under contract.

Whether such an argument would work depends on how well communicated the policy was, what the reasons for the delayed submissions are, whether there is a history of paying late claims anyway, etc.

A useful practice note can be found here:

http://businessdatabase.indicator.co.uk/business_advice_directory/articles/expenses/dealing_with_late_claims/UKTAPSAR_EU101606/88/search

You have nothing to lose by submitting the claims and asking for reimbursement, relying on any of the factors above to try and swing this in your favour. However, if they refuse to pay you, then you will need to consider taking the matter further.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this to the next step, such as the county court, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.