Just found out I've lost £1k worth of childcare vouchers - urgent advice welcome!

[cremedelacreme]

Really hoping someone can tell me I am entitled to a refund, but deep down I fear I've lost this money. But here goes ...

I returned to work following a 12 month period of maternity leave. After 6 months (in March 2010, ie. almost 1 year ago) I decided to leave (IMO my boss totally sidelined me by, eg. giving all the key projects to my maternity cover, who was retained on my return. I could go on but ...)

But, the point is, for each of the 6 months I'd salary sacrificed the max amount (£243) per month, but for various reasons hadn't spent many of the childcare vouchers. I didn't think this would be a problem because, on returning to work, I had no intention of leaving - I'd worked for the company (voluntary sector) for 7 years, was well respected by everyone there and really enjoyed my job. So, I thought I'd end up spending the vouchers at some point, including when baby no 2 came along.

Anyway, due to the stressful circumstances under which I left my employer (I was actually signed off work for two weeks towards the end) I didn't think about the vouchers, other than to ensure I left the scheme. At no point was I offered any reminder to say I had to use up the vouchers within 3 months following termination of employment which, as it turns out, is one of the terms and conditions of the scheme. If I had, I would have had some discussion with my employer because when I left employement, I had no need for childcare, so wouldn't have been able to spend the vouchers anyway.

Well, I've now been told by the scheme operator that it's a matter for my former employer. And my former employer has basically said that the vouchers are now not valid and there's nothing that can be done. Which is a shame (to put it mildly) because I'm expecting baby no 2, am v skint because I've had my confidence knocked and have only managed to earn a little by going freelance and was relying on the vouchers to help out a bit this time round.

Surely someone, somewhere, has my money. And shouldn't I be entitled to have it back?

Just doesn't seem fair to me ...

[cremedelacreme]

anyone? hope I've posted in the right area?

[mamadoc]

I haven't any useful advice but did just want to say that it seems very wrong to me. It is your money that was taken off your salary .

I am also currently saving up vouchers that I'm not using. I carried on getting them after DD didn't need them because DC2 is due in June and I plan to use them when I return to work for his childcare. My HR actually offered me the option to do this and there is no time limit that I know of.

My vouchers get paid into an e-voucher account and I can take them out whenever I like to pay my childcarer so I don't see how they could stop me doing this even if they wanted to.

I suppose if its actually in the T&C of your voucher scheme they can legally do it. Hope someone with more legal knowhow can say if there's any way of getting the money back.

[flowery]

Sounds as though the voucher company has your money - no reason to think your employer hasn't paid them.

I can't see there's a lot to be done tbh. The scheme operator has the money and is clear that the terms and conditions state the vouchers must be used by x time, so when they say 'it's a matter for your employer' they are basically passing the buck and saying if you want the money your employer will have to bear the cost.

Presumably you were given the terms and conditions of the scheme at some point. So no obligation to remind you once you've left employment that they need using up?

It doesn't seem fair, but I can't see any legal argument for either your employer to foot the bill for the vouchers or for the scheme operator to give you a refund.

[cremedelacreme]

Thanks both. My online balance still shows a £1k balance, so perhaps I could try and use them later in the year and see what happens ...

Flowery, you're right, I was given a copy of T&Cs on returning to work but I didn't really keep the 3 month rule front of mind because I really didn't envisage me leaving the company for years and years to come. And, as I say, on leaving I was really so stressed out but also relieved to be going that, again, using up the vouchers was the last thing on my mind.

Oh dear. What a shame ... and a waste :(

[cremedelacreme]

Hurrah, contrary to what my former employer said, the online vouchers are still valid and the time limit rule was removed some time ago; the company just didn't know this! Phew and thanks for the kind words in the meantime!

[flowery]

Excellent!