Claiming Expenses

Hi everyone

I have an issue with an employee who has been with us for 9 years.

Approx 3 years ago, he put in an expense claim for a period of 3 years, which was signed by his Manager, but questioned by the Exec.  The employee was advised that he need to put claims in preferably monthly.

3 years later, and he has again put in expenses for a 3 year period.  However, we have tightened up our policies and procedures, and his claim was refused.   We offered to pay for expenses that he had receipts for, but not for the mileage.  The employee has put in a grievance, and appealed the outcome.  His claim is around £8k, which will also have an effect on the bottom line.

The individual claims that no one has told him in the 9 years that he should claim expenses monthly, and that even at the last time he had claimed this, he was not told explicitly to claim monthly. 

Our handbook and policy state that expenses should be claimed on a regular basis.

He has been told several times by his Line Manager in an open meeting that expenses need to be claimed regularly.

If we refuse to pay the expenses would we be in breach of unlawful deductions?

Parents
  • 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?
Reply
  • 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?
Children
  • 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.