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[Closed] I'm being discriminated against for riding to work

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[#3936242]

I ride to work nearly every day and have done for years. I work in public sector so, on paper at least, this is encouraged. If I need to drive to meetings etc I use the pool car.

Every now and again I have to go to early meetings off site and take my own car, so far so good. Claim the mileage as usual. But, here is the rubbish bit, I have to deduct from my claim, my home to work mileage. Therefore, when I take the car direct to a meeting, I always have to claim 10 miles less than what I have actually driven. The policy works on the assumption that everybody drives to work, so any business miles straight from home should automatically deduct commuting miles.

Seems a little harsh, no? Have tried challenging it but the policy is da policy...... Doesn't really encourage biking, public transport, car sharing etc.


 
Posted : 02/05/2012 6:42 pm
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Everywhere I've worked you claim the mileage from work to the site. If it's closer to home then it's a bonus 🙂


 
Posted : 02/05/2012 6:46 pm
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as above, its standard practice to claim from work place to work - not home...


 
Posted : 02/05/2012 6:49 pm
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cycle to work and then use the pool car?
You are also being treated exactly the same as everyone else


 
Posted : 02/05/2012 6:50 pm
 aP
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You're not being discriminated against, its just that they're applying the rules correctly, unless of course you want to be taxed on the benefit?
Of course if you drive in the opposite direction to get to the site then you're quids in!


 
Posted : 02/05/2012 6:53 pm
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We get paid the difference in mileage between home-work and home-venue.

Cycle to the meeting and claim 20p a mile?


 
Posted : 02/05/2012 6:57 pm
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Could you cycle to the off-site meeting? Expenses for riding your bike is pretty cool - depends how far away you need to go of course.


 
Posted : 02/05/2012 6:57 pm
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So - cycle to work and then use the pool car.

Standard practice


 
Posted : 02/05/2012 7:00 pm
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think this based on your employers (correct I think) interpretation of HMRC rules on expensed mileage


 
Posted : 02/05/2012 7:00 pm
 br
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A company/public can have any mileage policy they like, but you are still able to claim (or loose) any difference from the TaxMan.

[i]think this based on your employers (correct I think) interpretation of HMRC rules on expensed mileage[/i]

Nope.

Any home to normal place of work (deduction) is irrelevent from a tax perspective, just search the 'net for HMRC and read.


 
Posted : 02/05/2012 7:02 pm
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Take the pool car home the night before?


 
Posted : 02/05/2012 7:04 pm
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Take pool car home = benefit in kind and a tax liability


 
Posted : 02/05/2012 7:05 pm
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Take pool car home = benefit in kind and a tax liability


 
Posted : 02/05/2012 7:05 pm
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For tax reasons you can't claim for commute mileage I.E home to work etc


 
Posted : 02/05/2012 7:17 pm
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Of course if you drive in the opposite direction to get to the site then you're quids in!

Not so. If I am out all day, not going into the office, they will always deduct those 10 miles on the assumption that, had I not been at the meeting, I would have driven into work anyway. In this case, makes no difference what direction the meeting is

Not always possible to cycle to meetings, most of them are a 50 mile or so round trip. This also stretches the capability of the pool car, it is electric with very limited range!


 
Posted : 02/05/2012 7:19 pm
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I have to remove home to work mileage from any mileage claim.


 
Posted : 02/05/2012 7:22 pm
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franksinatra - Member

Of course if you drive in the opposite direction to get to the site then you're quids in!

Not so. If I am out all day, not going into the office, they will always deduct those 10 miles on the assumption that, had I not been at the meeting, I would have driven into work anyway.

thats wrong - what you should be getting is work to meeting place minus home to work. Or home to meeting place whichever is less IIRC So it depends on the direction of the meeting place how much yo get deducted.

It will all be laid out in your employee handbook.

But the answer is to ride to work and use a pool car. that way you don't pay that ten miles millage


 
Posted : 02/05/2012 7:26 pm
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Not true. As long as the car is part of the pool and not for exclusive use it doesn't become a benefit in kind. If he was taking the same car home EVERY night and nobody else was using it ever then it would be of course. But that's not the suggestion 🙂


 
Posted : 02/05/2012 7:26 pm
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Assuming your bike is cheaper to run than your car I can see your point.
Using me as an example, because I know me.
I ride 8 miles to work, cost =£0 (Ok, little bit of wear & tear, depreciation etc) If I am complelled by work to drive then it would cost 25p/mile in petrol alone, ergo I am incurring an expense out of myown pocket for the benefit of the business, therefore I would expect reimbursement of it. So for a 50mile round trip that would be £12.50 just in petrol, HMRC say 40p/mile so it would leave me £20 out of pocket, surely my employers would be expected to cough up?
If I buy anything else for them I claim expenses, why should petrol etc be any different?


 
Posted : 02/05/2012 7:28 pm
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what you should be getting is work to meeting place minus home to work

Why though, I don't have any home to work miles as these are done on the bike


 
Posted : 02/05/2012 7:31 pm
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I'm not quite sure I see how they are discriminating against you being a cyclist?

Surely anyone that drives to work would similarly have to knock off the home-work mileage if they were to attend an early meeting? Or they would have to drive to the office to collect the pool car (the same as you would have to ride to collect the pool car).

It's your decision to ride (at effectively no cost) to work. If you're really that concerned that if you have an early meeting it is costing you money, then ride to work and pick up the pool car, then it won't cost you.

I too was under the impression that you have to knock off the mileage for tax purposes, otherwise it could be seen as a benefit in kind?


 
Posted : 02/05/2012 7:32 pm
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Surely anyone that drives to work would similarly have to knock off the home-work mileage if they were to attend an early meeting?

Yes, but the OP has incurred 10 miles more worth of cost than he would otherwise, everyone else wouldn't.


 
Posted : 02/05/2012 7:34 pm
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Yes, but the OP has incurred 10 miles more worth of cost than he would otherwise, everyone else wouldn't.

Spot on. They pay me less miles than I drove, as it is assumed that I would have driven to work anyway


 
Posted : 02/05/2012 7:37 pm
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*shouts HELLO!! - this vvvv

Junkyard - Member

cycle to work and then use the pool car?
You are also being treated exactly the same as everyone else


 
Posted : 02/05/2012 7:39 pm
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geoffj - Member

*shouts HELLO!! - this vvvv

Junkyard - Member

cycle to work and then use the pool car?
You are also being treated exactly the same as everyone else


this


 
Posted : 02/05/2012 7:40 pm
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But the OP has decided to drive to the meeting, rather than ride to work to collect the pool car to go to the meeting, so surely it's his decision to take a mode of transport that is costing him money.

I know I sound like i'm being a bit of a tool, but this isn't discrimination due to riding to work.

If he really feels like it is discrimination, then take it up with his line manager/HR


 
Posted : 02/05/2012 7:41 pm
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Spot on. They pay me less miles than I drove, as it is assumed that I would have driven to work anyway

Have you thought of telling them you don't have a car at work to get to the off site meeting ?

Just a thought.


 
Posted : 02/05/2012 7:42 pm
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*shouts HELLO!! - this vvvv

Junkyard - Member
cycle to work and then use the pool car?
You are also being treated exactly the same as everyone else

This

Not always possible to cycle to meetings, most of them are a 50 mile or so round trip. This also stretches the capability of the pool car, it is electric with very limited range!


 
Posted : 02/05/2012 7:46 pm
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cycle to work and then use the pool car?
You are also being treated exactly the same as everyone else


Yep, bollox to the environment and the guy's time. Let's ride 10 miles, and then collect a car and drive (for all we know back the way he's just come) and again in the evening, adding another 20miles worth of emmissions, congestion etc and costing him probably an hour by the time he's ridden to work, collected the car and then driven it to where could have started from had he been in his own vehicle.
.
I say he's not being treated like everyone else, they are being paid for their [i]additional[/i] expenses, he isn't.


 
Posted : 02/05/2012 7:46 pm
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I say he's not being treated like everyone else, they are being paid for their additional expenses, he isn't.

So let the tax payer pick up the [i]additional[/i] expense?


 
Posted : 02/05/2012 7:48 pm
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So let the tax payer pick up the additional expense?

No, the employer. He has incurred a cost for their benefit. Give him his petrol money.


 
Posted : 02/05/2012 7:52 pm
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The OP's time is actually saved as i'm assuming that driving to the meeting directly from home is quicker than riding to the office to collect the pool car and continuing the journey from there.

The employer is also paying for his additional expenses, but are not covering his expenses for deciding to take his car directly from home to save a ride to work.

If the pool car is not available, or (because it's electric) not capable of taking him to the meeting, then that's a different story entirely.

BUT if the pool car is available, then he is being treated identically to everyone else, as they too would only be covered for their additional expenses (mileage from office to meeting)


 
Posted : 02/05/2012 7:58 pm
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Why should the employer/tax payer incur additional costs because the OP has decided to drive say 30 miles to a meeting, rather than his usual ride 10 miles and then take the pool car for the remaining distance.


 
Posted : 02/05/2012 8:06 pm
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At the point of stating the obvious, just go back to the office, then you can claim all your work miles. If its more convenient to go home then you deduct mileage but that's your choice. The fact you'd normally ride in is neither here nor there. You should be able to take the pool car overnight if you need work early or late.


 
Posted : 02/05/2012 8:08 pm
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<yawn>

cant believe this thread is still going. Typical public sector mentality. Do you get an attendance bonus as well.

As others have said - rules have been interpreted correctly- get over it FFS!


 
Posted : 02/05/2012 8:16 pm
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No, the employer. He has incurred a cost for their benefit. Give him his petrol money.

He works in the public sector!


 
Posted : 02/05/2012 8:24 pm
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If pool cars are available then I don't really see the problem. We don't have pool cars at work so I have to drive 12 miles to work if I need to use my car during the day which grates a little.


 
Posted : 02/05/2012 8:56 pm
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Its the standard practice for this type of expense - my (public sector) employer implements it in exactly the same way.


 
Posted : 02/05/2012 9:43 pm
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Normal rules, either public or private sector, are business mileage from your normal place of work to your meeting / site. If that is more than your home to meeting / site, then you still claim from your normal place of work. If a pool car is not available or suitable and you have to, or are expected to use your own car, then you need business car insurance. You can claim this as expenses, as per normal out of pocket expenditure.

You are not being discriminated against.


 
Posted : 02/05/2012 10:36 pm
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b r - Member
A company/public can have any mileage policy they like, but you are still able to claim (or loose) any difference from the TaxMan.

think this based on your employers (correct I think) interpretation of HMRC rules on expensed mileage

Nope.

Any home to normal place of work (deduction) is irrelevent from a tax perspective, just search the 'net for HMRC and read.

correct employer can have any policy they like

yes if employer refunds acceptable travel expenses at a lower rate than the HRMC rate you can reclaim the difference - assuming you do a tax return and keep records and claim
you could lose rather than [i]loose out[/i] if you employer is paying a higher mileage rate than the HRMC rate

home to workplace is a complex issue and as you say search the internet
for relevant information rather than [i]irrelevent [/i]


 
Posted : 03/05/2012 12:57 am
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You're looking at this in a glass-half-empty kind of a way OP. Think of the benefits you are accruing in later life - knackered knees, haemorrhoids, permanent helmet-hair / baldness, broken body and shattered nerves through fighting with cars... See? It's not all bad 😉


 
Posted : 03/05/2012 1:01 am
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interesting how effectively the "same" employer can have such different rules. I also work for "the public sector", and the only reason we can claim mileage on our own private cars for some sort of client meeting is if there has been some sort of emergency, otherwise claims are not entertained, has to be pool, hire cars or taxis.

I have no idea why.

I cycle to office and collect pool car, or have a hire car delivered to the house if its a very early start


 
Posted : 03/05/2012 6:48 am
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What if the meeting is only 5 miles from home? Do you have to pay back 5 miles worth of allowances?


 
Posted : 03/05/2012 7:53 am
 hels
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I think you are missing the really important point here.

At what stage during all this cycling/driving/collecting pool cars etc is the OP going to be able to have his tea breaks ?


 
Posted : 03/05/2012 7:57 am
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tea breaks - good point in olden days they'd have sent a catering van out to follow you to meeting with a tea urn, subsidised bourbons and a photocopy of a crossword to keep all things equal

edit

otherwise claims are not entertained, has to be pool, hire cars or taxis.

I have no idea why.

my [i]guess[/i] would be that at some point employees had "essential car user allowances" and these were withdrawn


 
Posted : 03/05/2012 8:12 am
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