Employment Law - unpaid overtime

justanopinion

He is still working there? OMG.

It is an illegal deduction to wages. You cannot tell staff they are paying for their Christmas party and deduct from pay. Any deductions from pay have to be authorised in writing and with consent, unless there is something in their contract as a weedle out clause, but that would only normally cover overpayment of wages.

NikNox

jennikitten wrote: »

No, I read it differently. I think the use of grammar & punctuation made it seem as if the OP was saying the opposite.

Just to clarify - I see low staff turnover as a sign of good management, not bad management. However, in my husband's firm I'm not sure what keeps them all there because the management certainly isn't good in any way shape or form.

NikNox

justanopinion wrote: »

He is still working there? OMG.

It is an illegal deduction to wages. You cannot tell staff they are paying for their Christmas party and deduct from pay. Any deductions from pay have to be authorised in writing and with consent, unless there is something in their contract as a weedle out clause, but that would only normally cover overpayment of wages.

Needs must I'm afraid. He is constantly on the lookout for something else, but you don't leave a job until you've got another one to go to. Rest assured as soon as something else comes along and is in the bag, he will be out of there like a shot!! He did actually get offered a post with a similar company, in Aberdeen, with relocation costs paid for etc., etc. But, because he has a daughter (my stepdaughter) locally (we're in the SW), moving to Aberdeen was not an option.

I told my husband that he cannot deduct money from their pay, that's criminal, theft even?

NikNox

tight_scotsman wrote: »

exellent idea would pay £120 just to see it lol

the last time any boss tried to take money from my wages he had a visit from BILLY THE BASEBALL BAT once everyone had gone from the premises and just me and him he soon saw the error of his ways lol

ps billy is available for all functions over the festive period lol :A

You're welcome to come if you want to, and of course bring Billy! :T

NikNox

DVardysShadow wrote: »

OH should write to boss

Dear <A55h0l3 boss>

I do not wish to attend your self aggrandising Christmas do. I do not consent to money being deducted from my pay

Yours sincerely

Mr NixNox

That will probably be sufficient to make deductions illegal


Or "We didn't want to come, but we got deducted £120, so we figure we are going to make that up by getting you to sort your husband out"


:rotfl::rotfl::rotfl::rotfl::rotfl:


Actually, the more I look at this, the more unsustainable the working relationship looks. If you are going to have a fight, have it over the Christmas do, please.

It's not good is it! I am so thankful to be working in a place where the people are respectful, kind, generous and giving, where we have a laugh as well as work bloody hard. Have to say I'm surprised he has stuck it out as long as he has, so hats off to him for that.

justanopinion

I know needs must. :-)

Re: about unlawful deduction from wages:


S13 of the Employment Rights Act 1996 states that an employer may not make deductions from the wages of an employed worker unless:

* The deduction is required or authorised by statute; (Used for things like child support)
* The deduction is authorised by a relevant provision of the worker's contract of employment, or; (Doubt he'd have written about the christmas party)* The worker has previously given his or her written agreement or consent to the deduction being made. (Did he ever ask and get it in writing?)

I know you cannot act on it, but he is soooo in the wrong on this. What an idiot manager/boss/numpty.

NikNox

justanopinion wrote: »

I know needs must. :-)

Re: about unlawful deduction from wages:


S13 of the Employment Rights Act 1996 states that an employer may not make deductions from the wages of an employed worker unless:

* The deduction is required or authorised by statute; (Used for things like child support)
* The deduction is authorised by a relevant provision of the worker's contract of employment, or; (Doubt he'd have written about the christmas party)* The worker has previously given his or her written agreement or consent to the deduction being made. (Did he ever ask and get it in writing?)

I know you cannot act on it, but he is soooo in the wrong on this. What an idiot manager/boss/numpty.

Thank you for that, VERY useful!! So, I was thinking about an email my husband could send:-

Dear Boss

Because of the comments you made about my wife and I, which we both found offensive, we do not wish to attend your Christmas party this year. You have already informed me that you would deduct the sum of £120 from my salary should we not attend, but as this contravenes Section 513 of the Employment Rights Act 1996, I would sincerely hope that you will not pursue this course of action.

Yours sincerely

getmore4less

When is this do, ah this weekend probably not free, unless you are in the Norwich area where I will be.

If I am free and it's not to far I could go in your place.

Might be able to get enough volunteers to replace all the partners.

justanopinion

I think it's a beautiful email. You could even throw in the fact should any such deduction take place, you will seek legal remedy for the unpaid wages.

Oh, and you could also throw in that anyone has the right to opt back into the working time directive with notice and therefore he cannot work more than 48 hours a week.

Presuming he made them opt out of in the first place?

:-)

NikNox

getmore4less wrote: »

When is this do, ah this weekend probably not free, unless you are in the Norwich area where I will be.

If I am free and it's not to far I could go in your place.

Might be able to get enough volunteers to replace all the partners.

Ahh, thanks for the offer, appreciated and would be most welcome, but the do is in Bath, so nowhere near Norwich I'm afraid. Shame, I would happily let you accompany my husband!