Cycling trips for work, refused payment, legal standpoint?

[Vorpal]

I would not claim for car mileage allowance if I didn't have a car. That employer will not be stupid. She could next be up for theft and get a criminal record. The JP could put her away. The only crims who get away with it are the Bankers,MPs and those who adjudicate the legal system.

Actually, she can claim at any rate she wishes, and the employer can pay her at any rate they wish.

But if it is over 20 p per mile (for cycling) she has to pay tax on it. If it is under 20 p per maile, she can reclaim the tax.

The employer is unlikely to pay her at car mileage rates if they are aware that she is cycling, but if they do, she simply needs to pay taxes on it. That's between her and her employer, and there is nothing illegal about it.

If she fraudulently claims car mileage when she is cycling, that's another matter, but I doubt that the amounts involved would get her jailed; more likely disciplinary termination.

[mjr]

There's some irregular workers funded union that's pro active. Can't give you more info. Research it. It may be more supportive.

The IWW (aka the Wobblies) perhaps? www.iww.org - fairly radical compared to current TUC unions.

Stuff like this makes me glad I'm a worker co-op member... not perfect but we don't abuse our workers like that.

[pete75]

Also what rot is this about cyclists not having to pay for fuel - we do.

The car allowance covers more than just fuel, it is a contribution to running costs. Non cyclists think cycling is "free", then I tell them that my tyre cost alone is around 2p per mile, plus of course chain wear etc.

Yes, but fuel costs us too, it's just that we don't sink petrol...

Not really an extra cost though is it? You'll eat whether you're cycling or not.

[nirakaro]

Yebbut ... if you're using muscle power for transport, you need more food than you'd otherwise need. Whether you need more food than you'd otherwise eat is another matter!

[pete75]

Whether you need more food than you'd otherwise eat is another matter!

My point exactly

[Tonyf33]

As she's classified as full time the amount jumps to £2.70/week for the GMB, even if she joined one, which she wont, I think she'd be as less inclined to do anything even if with a union sadly.
I really just wanted to know her legal position from the point of unfair contract terms, clearly you can pay employees whatever for travel or nothing at all, but if paying employees nothing at all for their individual choice of transport that incurs costs and other employees are being paid for the same work but different mode of transport that seems wholly unfair.
I've heard nothing back from my suggestions, I just hope when she next aks me to service/replace x and I say she should take it into the bike shop and get her employer to pay for it that she doesn't get angry with me because I'll tell her that's exactly what the money she is enitiled to covers.

[TrevA]

If she is being treated differently to other employees, then she may be able to bring an action under the Equal Pay legislation, if some of those other employees happened to be male. If she was in a union, they may do this on her behalf.

[Tonyf33]

Just a follow up on this, I helped push her to talk to a workers representitive that apparently comes in to her workplace after she mentioned it a few times to her line manager but was fobbed off.

I wrote down everything that I understood with regard to unfair contract terms and the legal standpoint as I saw it, basically how treating one person differently because mode of transport was different was unfair (& legally so IMHO). Also we/she mentioned the environmental benefits and the downsides of short journeys by car locally (& nationally) and that her physical fitness/health is benefitted more through using the bike over those that use a car and through that is better able to do her job so that she is physically more capable of doing her job and thus a better end service to the end user (not to guilt them or anything ).

So when the rep came in (I wasn't aware of this person initially and not entirely sure if they are actually a union rep tbh) she was able to bring it up and have discussions with the company. The result is they have with immediate effect changed the terms of the contracts for all care workers that if they use a bicycle they will get 20p/mile.
Result, I told her she can claim the tax back on the mileage up until this point so whilst not perfect the end outcome has being sorted fairly rapidly and is a great outcome.
Glad I kept pushing/nagging her

[Vorpal]

good result!

[phil parker]

Excellent work - well done!

[fastpedaller]

That's good - Hopefully they will value her more as well!