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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49801
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am going to take Shared Parental leave in a few weeks

Customer Question

I am going to take Shared Parental leave in a few weeks time. I have worked for my employer for over 3 years, and currently they pay for all my fuel, both private and business. Unfortunately this benefit isn't mentioned in my contract of employment, but they have paid for my private fuel since I started working for them through the use of a fuel card. Am I entitled to retain this benefit for the duration of my SPL?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

Has your employer suggested or indicated that they won't continue to pay for your private fuel consumption?

Customer: replied 9 months ago.
My emoloyer has requested that I return the fuel card- which suggests that they do not want to pay me for private fuel for the period of SPL
Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 9 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks