Pay Deduction for Bad Weather

Modette_2

I attempted to come in to work both Monday and Tuesday, however due to the severe conditions on the road I had 2 near misses. I telephoned my employer on both occasions to let them know that I had attempted to come in. The roads cleared up on Wednesday and I came back in to work only to find out that the 2 days that I could not get in may be taken from my holiday entiltlement (which I have none left) or they may have to be taken without pay. Is there anything in employment law that states this should not be the case? I have checked my contract of employment and there is nothing mentioned about severe weather conditions and having to take time off. Please can anyone advise?:snow_laug

SomeBozo

The concenus is that unless your employer has a policy in place for inclement or bad weather then they can withold pay/make employers take annual leave for those days.

Bozo

MrC_Beds

Unless there is a clause in the contract of employment, which allows the employer to deduct wages in these circumstances, then any decision to withold pay without the consent of the employee should be challenged.

SomeBozo

MrC_Beds wrote: »

Unless there is a clause in the contract of employment, which allows the employer to deduct wages in these circumstances, then any decision to withold pay without the consent of the employee should be challenged.

I don't agree, you are trying to prove something does not exist.

Unless the provision exists to be paid on bad or inclement weather, then you don't.

And its not a deduction as you never worked therefore you never earned it to be deducted.

Bozo

MrC_Beds

SomeBozo wrote: »

I don't agree, you are trying to prove something does not exist.

Unless the provision exists to be paid on bad or inclement weather, then you don't.

And its not a deduction as you never worked therefore you never earned it to be deducted.

Bozo

Whether you have or haven't worked matters not one jot, in my view.

Some contracts can expressly provide for a deduction of wages in the above circumstances and that's all well and good. However, an employer does not have an inherent and unchallengable right to deduct wages for anything he feels like, without the consent of the employee, although I imagine many, in their ignorance, do.

There is statutory protection in place against this and it is worth challenging any employer who deducts wages without lawful authority or contractual expression.

MrsTinks

As far as I know the employer has every right to not pay you for failing to turn up for work - it is not the employers fault you were unable to get in so why should they be punished? I know that could be argued the other way too but personally I think the employer is in the right on this one.
The policy is the same with my employer - unless you were able to work from home (ie you can get into the system remotely and be available by phone) then if you failed to get to work due to the weather it would have either been deducted from your holiday allowance or taken as unpaid leave.

Oldernotwiser

Seeing that employers don't have to pay you when you're certified off sick , I can't agree with you that they have to pay if you don't come in because of the weather. As SomeBozo says, it's not a deduction from your wages if you weren't there to earn it in the first place!

TotallyBroke

It works the other way as well. I did come into work and I was the only one from my department. Ok 3 live 40 miles away so I can forgive that but others live the same distance as me. They will get paid for sitting at home because they couldn't be bothered and I will get paid for doing my work. So not fair.

I say don't pay them unless they make up the hours they missed. By either working late or taking work home. When you do a 30 hour week get paid for a 30 hour week.

little_miss_moneysaver_3

From my own experiences this week people have used the snow as an excuse to stay in bed. Like it's been said you didn't earn your wage that day, and although it may not be your fault, it's not your company's either. Like many others, emails suddenly appeared reminding us if we id not work we needed to take a/l or make up hours. Why should lazy people who chose not to make the effort get paid for staying at home? Not fiar on us who did make the effort, and in some cases I think risked their lives to get in.


Both days I treked to work, drove on 3 motorways and many minor roads. I can honestly say the most dangerous part of my journey was the one between my car and the entrance. I do wonder would my wages be deducted or annual leave taken had I have fallen down in the car park and broken my leg??? Nobody had thought to grit the car park overnight...hmmm...good old NHS!

MrsTinks

little_miss - our HR department sent a mail about the fact our car park had not been gritted and was covered in ice a few weeks ago... it was used at "our own risk" - we could either park on the public road and walk in on the footpath which was gritted (badly!) or take the risk of using the car park... being as I'm over halfway through my pregnancy I wasn't impressed and told them I'd work from home until such a time the carpark was safe (thankfully I can due to the nature of my job) because I wasn't willing to risk falling whilst pregnant.

I'm not sure why but the next day the car park was gritted

SomeBozo

MrC_Beds wrote: »

There is statutory protection in place against this and it is worth challenging any employer who deducts wages without lawful authority or contractual expression.

You never earned the wages as you were not there that day.

Hence its not a deduction, illegal or otherwise.

Bozo