CCV - paying back after mat leave

[Pootle78]

I raised a grievance with my employer about CCV and providing them during m/l.

They have been provided but I have been told I have to pay them back on my return.

My greivance was not upheld and I have to appeal by today (I thought it was working days not calender days I had to respond!)

Does anyone have any info about paying them back that would help?

I have a document from the day care trust that states "Even if you don't have any salary to sacrifice, your employer should still continue to give you childcare vouchers. If this is the case, your employer is responsible for the cost of the vouchers"

But other than that there seems to be little out there and it seems to be an untested area. Can anyone help - URGENTLY?!

Thanks

Someone provided me with this link, and apparently (have not studied it, but others on here have) it states that employers cannot make you pay for childcare vouchers out of your stat mat pay, and you do not have to pay back the cost when you return.

Ah. link

Thanks bunty. I have quoted that to them so many times and their standard response is it's only guidance and does not constitute legislation.

I don't know what else to say to them!

Sorry to hear that you are still having problems. HMRC guidance link attached but here is the extract that applies:

Misunderstanding: employers sometimes believe they have to continue to provide the non-cash benefit during statutory maternity leave in every circumstance.

Comment: subject to the terms of the contract the employee may be able voluntarily to opt out of receiving the non-cash benefit under the salary sacrifice arrangement. However it is important to emphasise that the employer cannot compel the employee to opt out of receiving the benefit.

As I understand it, you do / did not wish to opt-out of receiving the benefit while you were on mat leave and indeed, your employer cannot compel you to do so.

This is the link to the HMRC guidance that your employer needs to read and understand. They cannot force you to opt-out: www.hmrc.gov.uk/employers/sml-salary-sacrifice.pdf

I know baffled, my brain is mushed as they're not moving - did you see my message I sent you last night? Thanks

It is guidance on the legislation. If they fail to follow it they are breaking the law on which the guidance is based. HMRC are the arbiters on such matters. If your employer continues to refuse to follow their guidance you should refer the matter to the HMRC Statutory Payments Disputes Team on 0191 225 5221. Your employer can then try to persuade HMRC that their guidance is wrong.

Thanks for the number prh, is constantly engaged but I'll keep trying!

Just to let people know, due to the large volume of calls being received, HMRC have now changed the procedure for contacting the statutory payment dispute team.

You need to call 0845 302 1479 - option 5 then option 1 then wait and the operator needs to fill in a form to send to the dispute team and they will contact you within 48 hours.

I just how they return my call before tomorrow!