*Update 14.05.2024: situations 1 and 2 below have changed. Check the HR statement [1]. This will apply going forward with no backpay/claw back for anyone other than the colleagues who went to court.* Check our place of origin [2] articles.*
Original article: Many colleagues (of all nationalities) who normally receive the June annual travel allowance either did not receive it this year or received a modified sum: the determining factor was place of origin [3].
The accompanying explanation is as follows : ‘As of 1st January 2021, UK is considered as a third country.
As regards travel expenses for staff members having their place of origin in the UK, there is no legal ground for distinguishing between the UK and other third countries after the withdrawal of the UK from the Union.
Under Article 8.2 of Annex VII [4] to the SR, specific rules apply for the calculation of annual travel expenses of staff members whose place of origin is situated in a third country. In such cases, they are entitled to a flat rate payment based on an allowance per kilometer of geographical distance between their place of employment and the capital city of the Member State whose nationality they hold.’
- Place of origin UK + UK nationality only = no travel payment
- Place of origin UK + UK nationality + EU nationality = travel payment corresponds to EU nationality capital
- Place of origin EU + UK nationality only = travel payment as normal
(Note that we use UK here, but 1 and 2 are true of all third countries.)
Article 8.2 of Annex VII: ‘Officials whose place of origin is outside the territories of the Member States of the Union as well as outside the countries and territories listed in Annex II [5] to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association [6] and who are not nationals of one of the Member States shall not be entitled to the flat-rate payment.’
Similarly, salary transfers [7] to the UK have also been affected/stopped.
Generation 2004 is here to support you, do not hesitate to contact [8] us if you need any help.