mileage

[clara40]

Iv'e recently started work for a care firm, i only work 16 hrs per week, but as i don't pay tax i'm not entitled to claim for any mileage, is there another way I would be able to claim it back ?... as this is becoming a huge chunk out of my wages every week ..

[boxtops]

That doesn't make sense, clara. You claim for your mileage on some sort of travel expenses form, and your employer pays it, not the taxman. You may have to declare the travel to the taxman, but if you are below the tax threshold you won't pay tax on it. Is this what your employer is telling you?

[TheOtherHalf]

Surely its not a good enough job if you are out of pocket ? I didnt know about this rule. Can you check at CAB if its right

[ummmm]

Do you work at one location?

[clara40]

i work traveling around to peoples houses, i usually use about 40 GBP per week in fuel, but like i say it is a huge chunk out of my money ... my firm say that if i paid tax i would b able to claim it back at the end of the tz yr ..but as i dont pay tax .. i can't ... I also pay a third party for my wages which is 5% per week

[boxtops]

Good point B00 - if you are trying to claim for travel to and from your single workplace, that's your expense not the company's - but if you travel around to clients' homes, you should be able to claim that mileage.

[Celticv11]

If your employer won't pay your mileage ,don't use your car. Assuming you are hourly paid, they will be paying you to walk, which is not cost effective for them.

[clara40]

Thank you all for your help and advice x

[ummmm]

My aunt does the same sort of job. She doesn't paid for time spent travelling...only the time booked in with clients. I don't think they pay her travel fair either.

[clara40]

i only get paid for the time i spend with the service users... we have a sheet, it's usually half an hour ... and i go to about 10 people a night . which works out as 5hrs... even though it takes me over 6 with traveling from one house to another

[Graham-W]

If you paid tax you would be able to claim the tax back on your expenses including fuel. I presume your employer doesn't pay a mileage allowance.
If they do pay a mileage allowance this should be paid to you as tax free with no deductions.

[Celticv11]

Sounds like this is a self employed position, in which case expenses are offset against tax liabilities

[clara40]

i just don't think it's fair as i cant claim pertol, uniforms, shoes ..anything really but thank you all for taking the time to respond

[venator]

""my firm say that if i paid tax i would b able to claim it back at the end of the tz yr""

This sounds as though you might be self employed - if you were on PAYE, you should be able to get it back through your tax code.

It's only Self Assessment (self employment) where you claim at the end of the tax year.

I don't see that paying tax is anything to do with an employer paying mileage.
There are Mileage allowances which the Taxman approves - about 40p per mile for the first 10,000 miles - but the decision whether or not to pay mileage is up to the employer.

It appears you may not be getting a proper story from this firm, but if you kick up a fuss, you,ll probably be looking for a new job...

[Celticv11]

Simply, if your employer requires you to use your own vehicle, they must make adequate recompense for that usage. You could argue that with expenses such as you incur, you may be on less than minimum wage, which is illegal.

[Kristal53]

Celtic has made an excellent point there. You could take your mileage, backed up by fuel receipts, to your employer and work out your hourly rate after transport costs have been deducted, but no doubt they will refer you to the Contract you signed. These care providers prey on vulnerable workers who will not kick up a fuss as they need the work -that's why there are always jobs in this sector -no one sticks around very long and if you complain there will be someone ready to take your job pronto.

[boxtops]

what does it say in your contract, ciara?

[Paul_P]

From what I've read on this thread, I think you should be questioning the legality of your contract of employment. HMRC has a Pay and Work Rights Helpline "For confidential help and advice call 0800 917 2368".

[buildersmate]

I find it hard to believe that it is a contractual obligation that Clara uses her own car at her own expense. One option is thus to say 'my vehicle is unavailable to use to do these miles for you'.
However that may result in the employer deciding to dismiss Clara.
Celtic and Kristal have put it very succinctly - looks like you are being exploited.

[buildersmate]

Actually, reading the thread again, the employer must be treating it as a self-employed position - otherwise the bit about being only paid for the time at the client's houses is not sustainable. But that does not fit against HMRC's rules about the definition of self-employment.
This may explain Clara's comment about 'paying 5% of my wages to a third-party'.
You would seem to be an agency worker - and your employer is actually the third-party (who would thus be responsible for your NI, holiday pay). Can you confirm this Clara?

[Paul_P]

I should add that the people who are exploiting you really should be named and shamed...
...and prosecuted if appropiate.