Working hours and business expenses

[pippadeee]

Hello
Really impressed with the advice given on here I have just joined hoping someone can help on a couple of questions of my own.

First of all re working hours. As per my contract my working hours are 37 hours per week with a clause added saying additional unpaid hours may be required in accordance with the needs of the business etc etc. I work from home and as a sales rep, longer hours are the norm and not an issue usually however currently and over the last year I have regularly been working up to double the 37 hour week to cope with the workload.

What is the legal position on this? I'm wondering how many hours in excess of the 37 contracted hours a week and over the course of months would be deemed as to reasonably to be expected to do (unpaid and without any time in lieu).

Secondly if company policy is that any expense claims have to be submitted within three months or the company will not pay them if you then submit a claim for expenses that occured more than three months earlier and your claim is rejected on that basis is there any course of redress legally?

Thanks in advance.

[Struggling_Simon]

Pippa, Welcome to the club!

Did you opt out ( sometimes called a waiver ) of the Working Time Directive?

As to the expenses, if that is a company wide policy and is in the T & C's of your contract, you're stuck I'm afraid.

If I've helped, please click my scales.

[pippadeee]

Hi
Thanks for your reply (where do I click re the scales?)

No I didnt opt out. Problem is as a sales rep and working from home the instances where excessive hours have to be worked at the specific demand of the company are not that frequent. However in order to achieve company set sales targets, client deadlines and the overall requirements of the job it is just not possible without regularly working far in excess of the 48 hour working time limits.

In respect to expenses the company does regularly pay expenses which do exceed the 3 month expense policy rule ... for others and previously for myself however currently making my position as difficult as possible due to other circumstances (ie long term sick) it is now refusing to do so. Expenses claims for example have to be submitted online, possible only from an office and as I am off sick I havent been able to do so.

Also, in respect to mileage claims this may affect my mileage/tax rebate too. Had expenses been allowed I am due around £2000 back from the tax office for the difference between what the company pays per mile and the set rate per mile ie company pays 12p, 40p is the set rate so the difference is claimed. I'm not sure where I stand on claiming back that difference from the tax office if I havent been paid the 12p per mile by the company in the first place if that makes sense.

ie if the tax office contacts my employer to confirm the business mileage recorded it is going to differ hugely from the actual mileage I have actually done hence this refusal to pay my expenses (of over £1600) is actually costing me financially more than double that amount when adding what I would be due back in tax?