My husband and I are Americans in the UK on a work permit, he works for a UK company as an employee, not an independent contractor. The company has sent him about 100 miles away for a job that will take approximately 3 weeks to complete. His boss is giving him a daily wage of 110 pounds per day, and a per diem of 60 pounds a day to cover his accomodation and meals. The per diem amount, however, is being included in his taxable daily wage (170 pounds pre-tax), so in reality, it will only be about 40 pounds a day after tax (I am guessing).
Is this legal? In my experience in the USA (perhaps my first mistake here comparing), per diems are not taxed because they are not earned income, and could push the employee into a higher tax bracket as well. If this is indeed how they do it here in the UK, is there a way to claim back his housing and meal expenses while on this job, since it will in theory be an out-of-pocket expense coming from his salary? If it is re-claimable, could someone let me know if there is a form we need to fill out to send to Inland Revenue? Thanks for any advice, I am concerned we are being taken advantage of here, as we asked for the per diem not to be taxed and his employer got very defensive...