Employment Lawyers Can Answer Your Employment Law Questions
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Has your employer suggested or indicated that they won't continue to pay for your private fuel consumption?
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Many thanks for your patience. According to the SPL Regulations, an employee is: “With the exception of any terms as to remuneration (sums payable to the employee by way of wages or salary), entitled to the benefit of all their terms and conditions of employment as if they had not been absent.”
So the issue is whether this is something related to remuneration or it is a separate benefit. I would say that if you used a fuel card the likelihood is that it was a separate benefit, just as you could be using a gym card which they paid for. Also this is not salary or wages so should not be covered under the remuneration exemption. Also the fact that it is not in your contract does not mean it is not contractual. This could have become an implied contractual term through custom and practice, i.e. if it was applied consistently over a period of time. Just how long it needs to have been in place is unclear and only a tribunal can determine if it qualified, but that is your best argument here. If you cannot resolve tis with the employer your initial option would be to raise a formal grievance with them.
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