I worked for a year and a half as a Community Support Worker for my local council, supporting in palliative care as well as support of elderly and infirm people in their own homes. Demanding work but very rewarding (mostly!). I left when my manager asked why someone on my pay scale (peanuts) would want to undertake higher levels of training, which I'd been waiting to start for over a year. Well, that and what was diagnosed as a coronary incident.
Anyhow, I used my own vehicle in my work, submitting mileage forms to my manager every month. During my last week at work, on a double-up call, a colleague asked me why I was still using the casual user mileage forms. I hadn't a clue what she was talking about, so made some enquiries with HR and found I should have been transferred to the Business User Scheme after an initial period and subsequently eligible for an additional annual lump sum of just under £1000. I'd never been informed of this and my manager had been accepting the casual user forms without a word.
When I followed this up, I was told I'd been informed at induction (I hadn't) and no retrospective claim would be considered, despite my having fulfilled every requirement for the scheme. I've argued it but they absolutely will not back down. I've requested that they supply me with signed documentation to demonstrate their claim that I was advised of the scheme at induction. They refuse. The manager who inducted me has left that employment.
I can't see how it's right that an employer - especially the council - can get away with denying an employee rightful remuneration on the basis that it wasn't claimed, when actually it wasn't claimed because it wasn't at any time made known to me. Is it logical to suppose that any employee - particularly one on low wages - would simply not bother to claim an additional £1000 per annum?
Their argument is that I should have checked it out on the council intranet. Except, Community Support Workers are not allowed access to the intranet. I genuinely did not know about that I should submit anything other than the casual user mileage forms.
Has anyone any constructive advice please, or is it just a case of 'tough luck'?
Since you haven’t mentioned it, I assume you weren’t in a union? Have you consulted your contract and terms of service?
Try asking CAB maybe they can steer you where to go next. Maybe also a letter to your elected councillor letting them know how your local council treats it’s staff?
Do you know of anyone else in the similar situations?
Who is your mangers direct line manager? Have you been to them? I think it’s shocking the comments made to you by them when you wanted to undertake further training.
BTW, Have you been claiming this against your personal tax allowance? Unless things have changed, you can claim the difference between what you're paid per mile and the standard HMRC allowance (45p in 2018) for the first 10000 miles. (25p for over 10k miles)
------------- Two drifters off to see the world.
I'm tired of reality, so I'm off to look for a good fantasy.
Slightly of topic, but if you are using your own vehicle for work on behalf of your employer, do you also need to take out business insurance cover, or does your employer do that and include your vehicle on there insurance, so that you do not have to pay for your own insurance.
I had to take out business use insurance cover and provide a copy to the council.
I wasnt in a union. I did take this to my senior manager, then to HR, then to the Council solicitor, all of whom said if I'd not claimed it, no retrospective claim could be made.
I’d suggest at chat with ACAS and/or a look at their website. They will be able to steer you as to the best way to tackle it. CAB aren’t employment specialists ACAS are.
If you live in the councils area get your local councillor to look into it especially if he or she is labour. I am not sure but the Ombudsman May help.
I would expect the post to be a Business User or Casual User. They have stated this in your contract of employment or letter offering you the job.
I would suspect that the two schemes are very different.
The Business User Scheme will give a lump sum but a much reduced rate per mile covered than the Casual User Scheme.
So which is most lucrative to you will depend on how many miles you drive. Low miles = best for you on Business User. High miles = best for you on Casual User.
Of course, best for you is worst for employer.
The Business User means you must provide a car even if you don't do any miles at all. However, they might have to provide you with a cheap loan to buy a car.
So you haven't necessarily lost £1000 per year and might actually have been better off on Casual User.
At the end of the year they will add up the number of miles claimed and money paid to determine if you have to pay any income tax.
Yes you might well be better off as a casual user - depends what they paid on essential (or business), I know my mate was who certainly did not want to go to essential user. It will say in your contract what it is and if it's changed then you should have been informed as a change to your terms and conditions?
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Topic: Council Won`t Pay Employee Car Allowance
via mobile 09/2/2019 at 9:24am
