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"Fines" in pay packet!
catieeb06
Posts: 576 Forumite
Hi Guys,
This is on behalf of my OH. He works for a company and let's call them ABC Security who provide security services on behalf of several large organisations and the one that my OH works for is a well known supermarket.
In his induction he was told that if he didn't give more than 5 hours notice that he was unable to attend work that day then not only would they not pay him for that (that's fine, I don't get paid if I am ill and don't attend work) but they also "fine" him £50.
He's never actually phoned in sick in the 7 months and even phoned work when all the snow hit to let them know there was a chance he wouldn't make it to work the next day- he did, managed to grab a taxi.
Just wondering- is this "fine" something that can be challenged or is it simply because it's in his contract so it's something that he has to live with?
All help much appreciated!!
Catie x
This is on behalf of my OH. He works for a company and let's call them ABC Security who provide security services on behalf of several large organisations and the one that my OH works for is a well known supermarket.
In his induction he was told that if he didn't give more than 5 hours notice that he was unable to attend work that day then not only would they not pay him for that (that's fine, I don't get paid if I am ill and don't attend work) but they also "fine" him £50.
He's never actually phoned in sick in the 7 months and even phoned work when all the snow hit to let them know there was a chance he wouldn't make it to work the next day- he did, managed to grab a taxi.
Just wondering- is this "fine" something that can be challenged or is it simply because it's in his contract so it's something that he has to live with?
All help much appreciated!!
Catie x
I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it.
This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it.
This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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Comments
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Fines in pay packets are illegal, and the law over rules any contract.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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They can penalize him but they can't reduce his pay below minimum wages so you might want to check that he has received the minimum wages in that pay period.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
No they cannot penalize him. They might be able to recover extra costs, but not impose a financial punishment.They can penalize him but they can't reduce his pay below minimum wages so you might want to check that he has received the minimum wages in that pay period.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
They can penalize him but they can't reduce his pay below minimum wages so you might want to check that he has received the minimum wages in that pay period.
No they can not.
They can not take any deductions other than what they are legally owed, fines from pay packets by employers are illegal .
Employment Rights Act 1996Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
DVardysShadow wrote: »No they cannot penalize him. They might be able to recover extra costs, but not impose a financial punishment.
I have read that Act and to me as long as the deduction is mentioned in the OP's contract then it is lawful.No they can not.
They can not take any deductions other than what they are legally owed, fines from pay packets by employers are illegal .
Employment Rights Act 1996
http://www.legislation.gov.uk/ukpga/1996/18/section/14:footie: Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Well his pay is £6.50 an hour for a 38.5 hour week so if a £50 deduction was taken I don't think it would take him below minimum wage, unless my very quick mental maths is incorrect.
I just wanted to double check when I'd told him last night that it was illegal and that I wasn't talking out of my rear end!
Could they not claim that the deduction was to enable them to bring in a relief guard to cover his shift and therefore be classed as a reasonable expense?
Thanks,
Catie xI am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it.
This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Not if it is a penalty. You introduced the word 'penalize', which means 'punish'.I have read that Act and to me as long as the deduction is mentioned in the OP's contract then it is lawful.
http://www.legislation.gov.uk/ukpga/1996/18/section/14Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
38.5 * [ £6.50 - £6.08 ] = £16.17Well his pay is £6.50 an hour for a 38.5 hour week so if a £50 deduction was taken I don't think it would take him below minimum wage, unless my very quick mental maths is incorrect.
is the maximum deduction from a week's pay.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
no contract can over rule law, if the fine is a penalty which it is, then only an act of parliament can administer a penalty and anything in the contract to the contrary is illegal.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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That would take him well below minimum wages.Well his pay is £6.50 an hour for a 38.5 hour week so if a £50 deduction was taken I don't think it would take him below minimum wage, unless my very quick mental maths is incorrect.
I just wanted to double check when I'd told him last night that it was illegal and that I wasn't talking out of my rear end!
Could they not claim that the deduction was to enable them to bring in a relief guard to cover his shift and therefore be classed as a reasonable expense?
Thanks,
Catie x
Assuming he took a day off unauthorized and he then worked 4 days at 7.7 hours at £6.50 per hour earning £200.20 less the deduction of £50 means he earnt £150.20 then divide that by the hours he worked of 30.8 hours mean he got £4.87 per hour. The minimum wage is £6.08 per hour.:footie: Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0
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