Losing half a day's pay on minimum wage - legal?

Disenchanted

My boyfriend earns minimum wage (UK £6.08p/h) and works 40 hours a week in a office. His boss has a company policy where if an employee is late (even by 1 minute) twice in a month, that employee loses half a day's pay. Unfortunately due to late buses and traffic, my partner has been late twice in the last fornight. But because he is paid hourly (and he is only paid the bare legal minimum), this means he would basically work 4 hours for free and his total wage at the end of that day means he is earning less than minimum wage. I would understand if he lost one hours pay, but to lose four hours pay sounds wholly illegal to me. I should mention there is nothing in his contract about this, it is just something he was told verbally on his first day. He is also the only employee there currently on minimum wage, the rest have been there long enough to earn a pay rise so if they had half a day's pay took off, they'd still be earning more than minimum wage. I've done some research which suggests I am right but I cannot find a definite answer on this. Any advice would be appreciated

ianders

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.

ohreally

Disenchanted wrote: »

His boss has a company policy where if an employee is late (even by 1 minute) twice in a month, that employee loses half a day's pay

If this happens again, I'd go and sit in the staff canteen or where-ever for the ½ day. This happened to me in the past when i was hourly paid, boss would dock ¼ of an hour, i'd go and get kettle on and an almighty row would blow up, really p1ssed him off however i explained that as my wages wouldnt start and neither would I, this happened quiet often and eventually he gave up and accepted the situation.

Voyager2002

You mention late buses as the reason for his loss...

There is an organisation called the Traffic Commission (with offices serving each region) that has the power to fine bus companies whose buses are unreasonably late. I suggest that he/you look up the address for your region; then write a letter of complaint to the bus company responsible with a copy to the Traffic Commission. The letter should give specific dates and times of the late buses, explain how much has been lost in wage deductions, and ask the bus company to pay an equivalent sum in compensation for the loss. I don't know how they would respond to your situation: I did once follow this route successfully when I had to get a taxi to the airport because the bus failed to turn up, but all I claimed for was a 25-pound taxi fare.

J4k

The last time a company pulled this one (about ten years ago) I was off sick for two weeks afterwards, and went back with doctors sick note.

They had a somewhat more relaxed attitude after this.

Fighting fire with fire is the only thing company's like this understand.

blossomhill_2

I think they are offering the deduction as an alternative to being disciplined for lateness

I would suggest writing in to put on record that for a day of x hours I was paid x amount which equals x per hour which is under min wage - they may capitulate, but be prepared for the next late arrival to be treated as a disiplinary trigger - better to arrive on the bus beforehand and hang around outside

He should also ask for a hard copy of the policy

blossomhill_2

PS sitting it out in the canteen until he starts being paid could possibly be construed as abeing awol

sniggings

blossomhill wrote: »

PS sitting it out in the canteen until he starts being paid could possibly be construed as abeing awol

not many people would have the bottle.

If I knew I was going to be late, I still made sure to have breakfast etc as our bosses seemed to treat a couple of minutes worse than half an hour or an hour lateness, if an hour late they were just pleases to see you :rotfl:

megela

I work for a temp recruitment agency and we cannot deduct anything which takes people below the NMW, This includes any safety wear we have handed out or transport we have provided. You certainly cannot not pay someone for hours they have worked. 15 minutes may be acceptable - 4 hours is not.

Check out the link for direct.gov given earlier in the thread. I would print out any relevant info, take it into work and try and reasonably point out that their rule is against the law.

Also if this is a regular problem with the buses then you need to try and catch an earlier one. You do have a responsibility to get to work on time, and an employer has an expectation that you are prompt.

Good luck.