Am I required to reimburse an employee where the employee has submitted his expense claim outside of the deadline in the expenses policy?

Posted in : First Tuesday Q&A NI on 5 September 2017
Chris Fullerton
Arthur Cox

Article 59(2)(b) of the Employment Rights (Northern Ireland) Order 1996 (“1996 Order”), excludes “any payment in respect of expenses incurred by the worker in carrying out his employment” from the definition of wages. As such, the prohibition on an employer making a deduction from an employee’s wages, under Article 45 of the 1996 Order, does not apply to a deduction from a payment for expenses incurred.

Therefore, whether or not you will have to pay expenses submitted outside of a deadline in your expenses policy will depend on the drafting of that policy. If the policy explicitly states that

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Back to Q&A's This article is correct at 05/09/2017
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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