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Company mobile phone - Usage

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hattster | 12:25 Sun 20th Apr 2008 | Law
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My boss has landed me with 6 months of bills for my company mobile for what he says are "private calls". I've checked the company T &C's and cannot find anything with regards to company phones and there usage for private calls. The money he is asking for equates to around �300, do i legally have to pay this? Should he have told me 6 months ago and not let them build up to this extent?? If i have to pay for the calls then would i be able to pay it back on a month by month basis?
Any help would be appreciated
cheers.
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I don't understand why you thought your boss would pay for your private telephone calls.

It is standard practice to pay for your own calls if you use the company's telephone.

Ask to pay it monthly
Question Author
If its standard then why hasn't he charged me for the 6 months prior to those?? So is the same principle done for company cars, can i only drive to and from work???
lol yes of course, you have to pay for your private milage, just like you have to pay for your private phone calls.
it's very unusual not to have smething about private calls in the policy, but surely any sensible person would know that your company arent going to pay for your calls. What next? you have to have a shower before you go to work, so you want them to pay your water bills and gas bills?

Anyway, are you disputing that they are your personal calls or do you agree they are? If you agree they are your personal calls, then it would be reasonable to ask for some time to pay, for example 50 pounds a month over the next six months. I dont know if there is any law about this, but a resonable employer woud accept a payment plan, in oreder to get the money back
Question Author
Excuse my flipant remarks regarding the use of a company car. My issues with the mobile phone is that upto these bills being presented to me, nothing was said about the previous 12 months where private calls have also been made, I'm trying to ascertain if some legislation has recently come in hence my boss back tracking on the phone bills.
TBH i wouldn't have thought there needed to be a law or legislation about this, because it's so patently obvious. Are you sure there is nothing in your contract about not using company assets for your own use (ie computers, internet phones)
Effectively you hve been stealing company assets, just in the same way you wouldn't expect to be able to help yourself to stationery for your own home use, or if your company made, for example, laptops, you wouldnt expect to just take a few home for yourself, you shouldnt expect to help yourself their profits by making them pay for 300 quids worth of your calls - thats 50 pounds a month you've been stealing from them! Imagine if every employee did this!

in a way you are lucky that you are just facing paying the money back, not a disciplinary.

however, i do see your point that if there is nothing in any policy they cant expect you to be honest!
I agree with what bednobs said.

Also, i take your point about the previous 12months. You should go in there tomorrow with your head held high and tell your boss that unless he also charges you for the previous year's calls he can take a running jump.
�12-50 per week ,its quite easy , a to make �1-�2 , of calls per day ot TX , it adds up,,,, quickly comply with it , and advise him to to get all new employees to sighn a declaratin , about private usage , on conmapny phone,,if he doesnt comply to this, with any new employees , tell the EMPLOYMENT TRIBUNAL SERVICE ...all thougth many new employees probably wont se thier mobil as much as you,,,
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Give Satan&Co FIVE STARS
You should ask to see the Company Policy on this.
I have had Company Mobile phones for over 20 years. Started off with the large brick type phone ...developed muscles having to carry it about :-)
Anyway each company had a different policy. With one I paid for all personal calls ...with my last two empoyers , I could use the phone freely , but within reason ie not expect them to pay a �500 a month bill due to personal use.
I never abused this privilage ..it's called trust.

Another point ...
If you are allowed to use the phone for personal use and your company picks up the bill ...then they will have to inform the inland revenue, so that you are taxed on this benefit.

I also have had a Company car for 20 years + and have always been able to use it at will....However once again within reasonable use ...ie not doing 100K private miles per year :-) Also had a fuel card that funded all fuel costs ...private and business ...but once again paid loads of tax for this perk.

If your relationship with your employer has reached this stage ..then its time for you to sack them :-)
So randyraven advises 'sacking the employer' because they expect the employee to pay for their private calls? I suggest it might work the other way round if you go in with that attitude.

Ask if you can pay this back over a few months, that would be a reasonable request. Then, dont use the company phone for personal calls. That would be my advice but feel free to take the other advice if you wish!
Question Author
Thanks for all the replies, I've been to see my boss and clarified things. I intend to pay these back on a month by month basis, we have also agreed a "fair usage" policy for which i am more than happy, thanks for all the advice.

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