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Pay Deduction for Bad Weather

245

Comments

  • MichH
    MichH Posts: 192 Forumite
    There is a Question and Answer article about this on the BBC:

    http://news.bbc.co.uk/1/hi/business/7867264.stm

    Buses aren't running in Bristol today, although I drive to work and got here safely, I imagine there are quite a few people that didn't make it to work today.
  • SomeBozo wrote: »
    You never earned the wages as you were not there that day.

    Hence its not a deduction, illegal or otherwise.

    Bozo

    Whatever Bozo....it's still worth a challenge, even if the only result is that it irritates or shames the type of employer who would even bother to claw back money from an employee who has made every effort to turn up for work!
  • Meepster
    Meepster Posts: 5,955 Forumite
    SomeBozo wrote: »
    You never earned the wages as you were not there that day.

    Hence its not a deduction, illegal or otherwise.

    Bozo

    I have to agree. It doesn't matter what the circumstances where to why you didn't turn up for work - you didn't turn up for work, plain and simple.

    Why should your employer pay for you when you weren't there? If you feel so agreaved by this, then take mother nature to the small claims court...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

  • tuggy12
    tuggy12 Posts: 1,314 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MrC_Beds wrote: »
    shames the type of employer who would even bother to claw back money from an employee who has made every effort to turn up for work!

    How do you determine who has made the effort and who hasn't made the effort?
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    From Auntie's website


    Q. I couldn't get to work because of the snow. Can my boss dock my pay?
    Very few jobs - except perhaps some of those in industries such as construction - have a clause written into their contract saying that if employees cannot get in to work because of weather they lose a day's pay. Employees have statutory protection against an unauthorised deduction being made from their wages, so if the employer has no contractual right to deduct pay and if the employee does not consent, deducting pay would be potentially subject to legal challenge.

    Basically I'd say if you are salaried you get paid, if you are paid by the hour you wouldn't because of the reasons mentioned by previous posters (You haven't earn't the money)

    However its best to try to reach an agreement with one's employer - such as offering to make the time up over then next x weeks or spliting the difference.
  • tuggy12
    tuggy12 Posts: 1,314 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    RabbitMad wrote: »
    if employees cannot get in to work because of weather

    That's rather vague and open to interpretation surely?.:rotfl:
  • MrC_Beds
    MrC_Beds Posts: 96 Forumite
    Part of the Furniture Combo Breaker
    RabbitMad wrote: »
    From Auntie's website


    Q. I couldn't get to work because of the snow. Can my boss dock my pay?
    Very few jobs - except perhaps some of those in industries such as construction - have a clause written into their contract saying that if employees cannot get in to work because of weather they lose a day's pay. Employees have statutory protection against an unauthorised deduction being made from their wages, so if the employer has no contractual right to deduct pay and if the employee does not consent, deducting pay would be potentially subject to legal challenge.

    Basically I'd say if you are salaried you get paid, if you are paid by the hour you wouldn't because of the reasons mentioned by previous posters (You haven't earn't the money)

    However its best to try to reach an agreement with one's employer - such as offering to make the time up over then next x weeks or spliting the difference.

    The above interpretation of the law, by the BBC's contributor has been challenged on another website :

    http://www.xperthr.co.uk/blogs/employment-intelligence/2009/02/employee-rights-and-snow-chaos.html
  • SomeBozo
    SomeBozo Posts: 1,195 Forumite
    People are again listening to what they want to hear.

    There is no obligation by your employer to pay if you don't get to work in bad weather (unless your contract says it will).

    Bozo
  • MrC_Beds
    MrC_Beds Posts: 96 Forumite
    Part of the Furniture Combo Breaker
    SomeBozo wrote: »
    People are again listening to what they want to hear.

    There is no obligation by your employer to pay if you don't get to work in bad weather (unless your contract says it will).

    Bozo

    No, people are expressing opinions that differ from yours, there is a difference.

    The legal expert that the BBC used has one opinion on the above issue - go to another website and lo and behold there is another expert with the opposing point of view!
  • I would like to thank everyone for their advice. Unfortunately I have not yet had a reply from my employer, so I dont know what is happening. If i get any further news, I will let you know.:wave:
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