Notice period salary reduction

goodpw

Hi, I have been with my present employer (full time) since Sept 09 however I have decided it is not working out so handed in my 3month written notice 2 months ago(I finish mid June 2010). I (did) fully intended to work the full notice.
My boss has now deducted sick/interview periods taken in the last 2 months from my top line signed contract supported salary.
Can he do this ? if it was a deduction taken from my monthly salary payslip below the full payment it would be visible & documented as a deduction. however as it stands now my annual salary has been reduced from my contract amount without prior notice to me.
Do I have grounds for complaint/claim? it is just the way he's gone about things that have annoyed me.
regards
goodpw.

Uncertain

goodpw wrote: »

Hi, I have been with my present employer (full time) since Sept 09 however I have decided it is not working out so handed in my 3month written notice 2 months ago(I finish mid June 2010). I (did) fully intended to work the full notice.
My boss has now deducted sick/interview periods taken in the last 2 months from my top line signed contract supported salary.
Can he do this ? if it was a deduction taken from my monthly salary payslip below the full payment it would be visible & documented as a deduction. however as it stands now my annual salary has been reduced from my contract amount without prior notice to me.
Do I have grounds for complaint/claim? it is just the way he's gone about things that have annoyed me.
regards
goodpw.

Sadly a lot of sick pay schemes are "discretionary" - which in my view is disgraceful as it means you are not guaranteed anything!

If this is true of yours they your only argument would be if you were being treated unfairly compared to other staff or in some way discriminated against.

However, even if they are entitled not to pay you for these days then they should be deducted from your full salary.

Given the circumstances you may as well raise hell. File a grievance and make it clear you will make an ET claim for unlawful deduction of wages if this is not corrected. Win or lose this will cost them time and money so they may well just settle quietly.

crackerberry

What do you mean by the "interview periods" he's deducted too?

goodpw

Thanks for the lighting quick response.
After informing my MD I went for an interview during work time.
I expected & accepted my pay being reduced but not the method of deduction, I also accepted deductions for sick but again not the method.
Still not quite clear where the deductions should be taken from.
As I understand it my salary should be equally split over the year (12 monthly payments in this case) this is my contractually stated salary.
deductions should then be taken from this monthly sum & clearly visible on my payslip.
For arguments sake.
Annual salary of say £36K would show as 12 payments of £3K
so £3000 should ALWAYS head the payslip unless otherwise agreed.
Deductions should then be removed from the £3K.
As it stands now the £36K figure id being reduced with agreement, this is the part I disagree with on principal.
My argument is that my top line pay MUST reflect my contract & deductions made between Top & Bottom line.
Do I have grounds to claim or walk on the basis that my MD has changed my contract without prior agreement?
goodpw

Uncertain

goodpw wrote: »

Do I have grounds to claim or walk on the basis that my MD has changed my contract without prior agreement?
goodpw

Claim - Yes.

Walk - No (technically). Two wrongs do not make a right.

liney

I have never has salary "deducated" for sick or absence, always paid for the actual work done. Your example of £36k would be for a 12 month period with no absence, so obvously with absence it would be less which you know.

I'm just wondering what the problem is to be honest. Do you just plan to use this to kick up a fuss and leave early? It really seems like a mountain about of a molehill, unless i'm missing something dreadfully important. What will you go to an ET and claim for exactly, if you have been paid for work you actually did?

goodpw

Its mainly me wanting to protect my rights & if i'm honest also kicking up a stink.
I probably won't claim,however, I may need a bit of ammunition if he gets shirty during my final month (very likely).

Many thanks for your opinions as employment law seems like a muddy pool to me.

crackerberry

You're right. If your gross monthly salary is £3000 then that's what your pay slip should reflect on a monthly basis. Any deductions from that should be shown on the payslip separately. Its six and two threes as far as the reduction in pay itself is concerned I think, but thats how it should be shown I believe.

Caffca

I think what the OP is getting at (please correct me OP if I am wrong) is not that the deductions for time off work have been made but that the payslip doesn't list these deductions - effectively making their gross salary figure seem smaller than it really is

i.e. expected to receive a payslip like this:

Payments:
Salary 1 month @ £3000 = £3000

Deductions:
Sick Leave 2 days @ 138.46 = £276.92
Unpaid Leave 1 days @ 138.46 = £138.46

Total Gross Before Tax and NI deducted = £2584.62

whereas actually received

Payments:
Salary 1 month @ £2584.62

Problem with this it implies an annual salary of £31k rather than the true annual salary of £36k.

OP - I know a payslip must show gross salary and then certain deductions but am not sure if sick leave / unpaid leave are categorised as those type of deductions that must be listed seperately and not merged in with the gross - sorry not much help I'm afraid.

Caffca

Ooh - just found the link I think you need!! ClickyClickyHere


An employer may choose to give either:

• a pay statement which specifies the amounts and purposes of every fixed deduction separately; or
• a pay statement which specifies only the aggregate amount of all fixed deductions without any explanation of their purpose; but in this case the employer must give the employee a standing statement of fixed deductions (see below) at or before the time when the pay statement is issued.

ETA - To add an alternative linkyhere

goodpw

Cheers Cafca,
That's it bang on. my payslip/s show only the initial REDUCTION & does not list/state any DEDUCTIONS from my salary.
The link has refuelled my engine for this one.
I think there is enough in there to show that regardless of where the money was taken from I should have been notified by means of my payslip or a supplementary sheet either before or upon receipt of my payslip.

I was getting the idea that I should accept it as a different way of showing what is really my 'earned' salary, but when I have something in black & white as back-up it would be a shame not to wave it about.
I'm not a really a trouble maker but if something affects my pocket !!