Someone can't claim unlawful deduction of wages for non payment of expenses - they could only claim breach of contract.

Given that it does appear to be fairly clear that expenses should be claimed regularly, I'm not too sure that he would have much luck. In previous organisations, we have been very clear about a cut off time in the Expenses policy and also made it very clear on the form which is a belt and braces approach. However there is no way 3 years can be seen as 'regularly'. He is quite lucky that you are paying for the receipted items.

Actually three years is very regular :-) This and the last claim were each three years apart and for three years. Thats very regular - just not prompt!

I don't quite understand why after the last time three things didn't happen (1) he was given a clear written instruction to claim expenses every month (2) You didn't put in place a clear policy that any expense over three months old wouldn't be paid and (3) no one noticed that he hadn't made an expenses claim - considering he is racking up around £250 expenses a month.

The question I would be asking given your slightly unfortunately worded policy is do you actually think the expenses are genuine?

In reply to Keith:

Agree with Keith that contractually there doesn't seem to have been much if any clarity in the employer imposing a definite 'claim-by  (whenever) or else lose the right to reimbursement' rule.

Therefore, IF the expenses were genuinely incurred and evidenced in accordance with the applicable rules etc, contractually the limit for bringing legal claims is six years, so three years is well within it in that sense. And it follows that the employer might well in these particular circumstances  lose if it ever got to a breach of contract legal claim.

Suggest the employer seeks here to reimburse some kind of compromise sum 'in full and final settlement of the claim' and very  clearly modifies the rules  expressly to time-bar future excessively-late claims.

Morning all

Many thanks for your responses. I realise its difficult to give you all the information, but can assure you that we have an expenses policy, which states expenses should be claimed as soon as possible after the expense is incurred, ideally monthly.

The employee is claiming that he has never put monthly expenses in, nor has been told that this is the case. Despite this being noted in the Policy and Handbook.

His claim is that his Managers have all signed his expenses before, which haven't always been 3 years apart, but lengthy periods. Conveniently the Managers are no longer with the organisation.

We now operate an on line solution to expenses, which has been made absolutely clear to the employee that he must complete on a monthly basis.

We have had other members of the team confirm that the current Manager asks the team about expenses at their regular team meetings. So there is evidence that he is fully aware that expenses should be claimed regularly.

We believe he is manipulating the situation, asking for statements from colleagues who have said its mentioned at meetings. Asking for minutes of those meetings, of which there are none.

The employee has been particularly difficult throughout since November 2016, first with a grievance because he wasn't successful in gaining a promotional role he had applied for. The expenses he put in December 2016, the investigations into what has happened in the past for him, the discussion, the investigation meetings, and the responses, with continual arguments from him, which we have had to investigate to ensure what he says is true or not.

I just wanted to get an idea of what he could do if we stand our ground and say no your we refuse to pay all the expenses. Or we pay the receipted expenses for the last 3 months.

Again thank you for reading, and any advice you give. I realise that there will be gaps in what i have put on here, but the ins and outs, would take me all day to type on here.

thank you

In reply to Mandy:

If your policy has wording that it should be by the end of the month, then I would pay in accordance with that - anything else and he's missed the boat a bit! It really depends on how clear your wording is!