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Advice needed please

8 replies

springiscoming12 · 03/03/2020 22:26

I need some advice on a HR issue please. One of the benefits of my job is an allowance, which I’m entitled to due to the nature of my role. In order to be eligible to be receive this allowance I have to meet certain criteria and last year I was given permission by HR to be outside of this criteria (I’m being a bit vague here but say there are 5 things you must meet and I didn’t meet one of those 5 things) and have been paid this allowance since then.
Unfortunately my circumstances have changed slightly and I have had to contact HR and let them know about this change. I’m still outside of the criteria for the allowance and now I’m being told that I can’t have this allowance anymore. At the time I was given the permission I was never told that it could be taken away from me and I cannot afford to lose it. I also can’t change the circumstances that have lead me to fall outside the criteria for it so now I don’t know what to do.
Could I argue that because I have been given this allowance for a year now that I’m entitled to it?
I also know that other people in the company have been given this type of approval in the past, so I don’t think I’m being treated fairly.
I’m so worried about this and I really don’t know what to do...
Any advice would be greatly appreciated.

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devildeepbluesea · 03/03/2020 22:28

I'm not sure you've given enough information. What is the criterion you no longer meet, did you get confirmation in writing that you'd still receive it despite falling short initially, what has changed? And why has that changed?

springiscoming12 · 03/03/2020 22:53

Sorry devildeepbluesea I’m trying to be a bit vague because I’m worried that the details might be identifying. I did receive written permission initially and I still have evidence of that. The reason for the change is beyond my control and I had no choice in the matter but has to tell HR that my circumstances had changed. The situation is comparable to being given an allowance for a car that is used because I need to travel for work, but I’ve had to change the car because it was recalled. I’m now being told that I can no longer have this allowance because I don’t meet the criterion for the allowance even though I was given permission for this before.
Does this help?

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leghairdontcare · 03/03/2020 23:01

Very vague so hard to say but if you don't meet the criteria then it seems fair to withdraw it. Unless your unable to meet it because of a disability where you could expect reasonable adjustments.

Obviously it was nice of them to pay it previously but you can't take advantage of their good will forever.

springiscoming12 · 03/03/2020 23:05

Thanks leghairdontcare

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SerendipitySunshine · 03/03/2020 23:10

Are you in a union? They should be able to help.

springiscoming12 · 03/03/2020 23:14

I’m not in a union unfortunately.
Do you think Acas could help?

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RedGirl99 · 03/03/2020 23:31

Very vague on the details as PP have pointed out but I would suggest reading the relevant policy associated with the allowance. Most employers will generally have a clause that says allowances can be withdrawn at any time if criteria isn't met, etc. in which case it would be difficult to challenge. Also bear in mind that the special permission you were given previously only applies to your circumstances at the time and not as they are now that they have changed, so there is no obligation for the employer to give you further special permission.

springiscoming12 · 03/03/2020 23:43

Thanks RedGirl99 I will have a look at the company policy on this allowance. I appreciate your input

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