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:
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