Cycling UK Forum

So, my friend has been employed as a careworker since last summer, she initially started off using her moped but had a crash and has been using her bicycle since September to get from one person to another.
The care company are refusing to pay her a mileage allowance which given they pay such to motor vehicle users thus forms part of the contract of employment and part of their pay (that part being untaxed) it seems to be a breach of contract or at best unfair employment terms - I haven't read any contract but she was being paid mileage using her moped.
She's not really the type to push for this/kick up a fuss and when she pointed out that those on foot get an allowance they then said oh that's only for those with dementia even though some of the people she visits do have dementia.
What is the legal standpoint, are they obliged to pay her a mileage allowance and would it be the 20p/mile rate?
I think the trouble is she's not inclined to really do anything and is too easily fobbed off but I just want to see if there is a way to force them to pay her?

I really don't know the answer,but isn't it endemic of some(most?)employers to get out of anything if they can find a loophole?
Though I'm not saying such a loophole exists.
If they were paying her for her moped and pay people who walk,I don't see how she isn't eligible for her mileage for cycling.If only the the same as walking plus something extra for wear and tear on her bike.

Any decent employer would be glad to pay her,seeing the worth of their employees .

I read and hear so much of this kind of behaviour of employers in the 'caring' profession,or should that be 'business'.

Two ways of thinking.
1. It's a contribution towards fuel costs, cyclists don't pay the cost so don't need partial reimbursement for them.
2. They should be promoting greener travel so it should be paid to all, allowing those choosing greener travel to benefit from their choices.

I hate it, I think it disincentivizes green travel and think it is unfair, but I don't think it's an "unfair term" within the meaning of the law. Sure, it lessens the transport cost of employees travelling by one mode and not others, but so would an employee bus or bus pass scheme and no-one would object to that.

As R2 says, if those who arrive on foot get it in the same circumstances then cyclists should unequivocally get it.

I think the Inland Revenue rate for cycling is 20p per mile
I doubt she can make her employers pay (care employers are not known for their generosity), but she can claim a lot of 20ps off her income tax, assuming she earns enough to pay any.
Given her line of work I suggest trades union membership, at some stage her wmployers are likely to shaft her and she will need the legal support.

citizens advice bureau ? Some have legal contacts they can ask? what happened about her moped travel?

It's all bad news.

If she's in any union they might represent the woman. This depends if they don't have other better/easier cases to win/the case carries a chance of winning(Justice is dependant upon adjudicator/your representative/££ paid to him/her.

To go to Hearing expect any 'dirt' on the employee to be exposed and claimant/employee to be trashed: if represented,your union will expect to play cricket whilst your opposition plays foul.

If she's on her own. Expect to be blackmailed by employers legal representative stating their costs will be added to costs lost by claimant. This blackmail usually gets rid of any nervous/money challenged complainants. I also expect there is now a cost in going to a Hearing(courtesy of back-door legalislation)

There are dozens of people who will do her job without complaint.

Apologies. Get her into another job. If the work doesn't make her suffer,the conditions of employment will.

I agree completely with the last line above.

Who are the company in question? Publicity of this sort can often have an effect.

There is no obligation for any company to pay for any travel - even by car - although it may affect their ability to attract employees if they don't. And no requirement to pay the HMRC rates - those are just rates below which the HMRC will not tax it as income.

But as someone else mentioned up thread, while you may not receive an allowance from your employer you can use it to offset your income tax at the rate of 20p per mile - assuming she is earning enough to pay tax. Its not as good as getting the mileage allowance but better than nothing.

I had similar many years ago when asked to work at another location - It was suggested I could use my car to get there (without business use insurance!). The employer was effectively asking me to drive uninsured for their convenience, so I declined and said I'd use my bike. They refused any payment (even bus fare equivalent). I used bike, and to prove a point I took the shortcut and arrived back at base 15 mins before car users who left at the same time. I again asked for mileage and was refused, so I pointed out that others should use a bike as it's quicker . On the next occasion of the annual stock-check I used the bike but went back to base via the pretty route - nobody mentioned the extra hour it took me to get back I left their employ before they went broke a couple of years later.

Bicycler wrote:Two ways of thinking.
1. It's a contribution towards fuel costs, cyclists don't pay the cost so don't need partial reimbursement for them.
2. They should be promoting greener travel so it should be paid to all, allowing those choosing greener travel to benefit from their choices.

I hate it, I think it disincentivizes green travel and think it is unfair, but I don't think it's an "unfair term" within the meaning of the law. Sure, it lessens the transport cost of employees travelling by one mode and not others, but so would an employee bus or bus pass scheme and no-one would object to that.

As R2 says, if those who arrive on foot get it in the same circumstances then cyclists should unequivocally get it.

It's unfair contract terms if it particularly states that only x mode of transport gets given an allowance and another is dissallowed completely when doing the same job and incurring costs (and time which is not paid for to travel to each place) through use of that mode of transport, the contribution is not solely toward fuel, it's wear and tear which clearly a cyclist has to bear also.

As for mentions of a union, no chance and she couldn't afford to pay a subscription even if she wanted to, I think she does fear retribution in some way and honestly if I could help her find something else I would. I know she likes what she does but she gets treated like a doormat, I wish she would stand up for herself a bit more
I've mentioned to her about the tax allowance but I'm not sure she even wants to bother with that...

Firstly, I do feel sorry for her as its not a nice position to be in and probably won't be resolved in a simple, amicable manner, if at all. Legally, unless the company had agreed beforehand a rate of expense per mile by bicycle, they're not obliged to pay anything - it seems that they did have a mileage rate for cars and mopeds.

I once worked for a company that had a set rate of mileage allowance and took into consideration engine size as well. For bicycles, it was about 6p per mile (20 years ago) to allow for wear and tear. Although quite paltry, it was enough to replace consumables like tyres, chains, cables etc.

Seems sloppy on the employer's part I have to say. Might be worth adding up the cost of claiming for car use, tot up the equivalent cycle rate would be (choose HMRC rate or I think the CTC use to state a reccommended rate(?)). Then let the employer know how much you are saving them, plus of course statistically you will have 2 days less sick leave per year, be more alert when you do your work and all those other benefits cycling gives employees.
I have memories of going on a team building course near Lewes in Sussex, cycled there from Oxford and claimed the car rate as they had no cycle rate (used my frame number as car reg no.). Manager signed it off without comment.

play them at their own game.
she might as well start walking. her employer may not have to pay a mileage allowance, but they do have to pay travel time (incl. to/from first/last visit).

My employer offers a cycle rate and I've claimed it. I attended a conference at Martket Bosworth which was 40 miles each way, by bike. Other people at the conference were astounded that I could do such a thing, but my travel took hardly any longer than those who had come by train and taxi from my office (3 hours). I also sometimes cycle to an intermediate railway station if the journey is too far by bike. I've cycled to Grantham for a meeting at Peterborough and Tutbury for a meeting in Crewe.

I have a work colleague who cycled from Nottingham to Cheltenham and back (for a 2 day conference) and claimed the cycle rate mileage.