Can they take deductions from my pay?

*Rainbow*Warrior*

This may be just an error but I've noticed deductions in my pay for unpaid leave. I haven't taken any unpaid leave but recently there have been problems getting a desk at work when I first start my shift. I work in a call centre and have been a few minutes late logging in because I hadn't been able to find a desk until someone left (their shift ended at the exact time mine started so it meant I was a bit late).

I'm going to make enquiries next week when I go back in - but would like to know if there is some law which states they can't make deductions like this without informing me.

I will, of course, argue that it's common courtesy to inform me, but is there a law or regulation which states they have to inform me?

jobbingmusician

I think that this is illegal UNLESS YOUR CONTRACT MAKES PROVISION FOR IT! If, for example, your contract states that your shift starts when you log on, they may be able to do this.

However, if you are contracted to work between 9am and 5pm, my view would be that they are contracted to provide you with the facilities to enable you to do this! I look forward to reading the views of others (and I am outraged that they are regarding their own failure to provide you with the means to do your job as 'unpaid leave' !!!!!!!!!!!

zzzLazyDaisy

They can only deduct money from your wages if the money is owed and you have previously signed a document agreeing to this, which may be your contract.

However you do need to check your contract carefully, as it may state specifically that you will only be paid for the time you are logged on. In that case they are not in fact deducting money from your wages, but are calculating your wages in accordance with the terms of your contract, which is different.

If you are losing money because there is no workstation available at the start of your shift, you should take this up with the manager and/or HR. If necessary you may wish to raise a grievance.

However you do not say how long you have been employed by the company. If you started before 6th April 2012, you need 12 months service to qualify for employment protection. If you started 6th April 2012 onwards, this rises to two years (less one week). During that time they can dismiss you for any reason or no reason at all, provided they don't fall foul of anti-dicrimination legislation. So, realistically, if you don't have the necessary service to qualify for protection, and you wish to keep your job, you may wish to consider how you go about resolving this issue.

*Rainbow*Warrior*

I've been there almost 4 years.

I don't know if these deductions are an error and completely unrelated to the issue I'm having at the moment. However, this week I was unable to get logged in on time and they have marked me down as late and want me to repay the time.

There is some confusion over whether there actually was a desk available. I didn't see one and I did go up and down the office looking, then decided to wait for someone who was about to leave - but management are saying there were unoccupied desks (although they didn't point any out to me at the time). It's actually just one manager who has responsibility for this.

This has been an issue for months and I've often just waited and logged in a bit late without any problems. It's only this week she has adjusted my schedule, and it's making me wonder if she is also trying to dock my pay. However, no-one has said a word about it - nor did anyone actually tell me they were adjusting my schedule. She just has a daily moan about me not getting logged in, I say I'm waiting for someone to leave, and she walks off grumbling. I then get logged in as fast as I can, and assume it's over and done with.

I think it's sneaky to amend the schedule the day after the event and not say a word to me about it. I also don't see why i should pay the time back if I couldn't find a desk. I will be taking it up with my own manager next week but wanted to know where I stand legally. I've never seen anything in my contract about only being paid for when I'm actually logged in. We do have to be logged in for a specified % of our shift, but there's no suggestion of pay being docked if you don't meet that target.

ValHaller

Start to keep a diary with times and manager on duty. Whatever else you do about the current deductions. I wonder whether this counts as a lockout? In that the employer is in breach of the contractual duty to provide work for the hours they have called the employee in.

agrinnall

If you don't see a free desk when you arrive then present yourself to the manager (no later than your contracted start time) and say "I'm here and ready to work, please find me a desk".

BitterAndTwisted

Their own payroll software might only be able to process a deduction for you not appearing to start work on time by allocating it as "unpaid leave". But that's not your problem. Your problem is whether your contract allows for them to not pay you when you aren't able to log on and start your work. Start making this issue their problem by making it clear that you're present, willing to start work on time but don't have the tools to.

All this not-allocating-a-person-to-a-workstation ahead of time is very poor management. They are paid to do this, not you. Start making them do what they are paid to, without having to incur a penalty yourself.

In your place I'd be getting into work at least a quarter of an hour early to ensure you secure a work-station/desk before your paid shift starts.

patman99

Sounds like a right muddle to me. Surely a cure for this problem would be to number the desks and then assign a specific desk to specific workers.
I will assume that those who are still on a call when their shift ends have to complete the call before leaving. In this circumstance, it would be impossible to 'take the desk' before the call is completed, so this would need to be taken into consideration.

If you have a suggestion scheme, why not use it to suggest such an idea?.

*Rainbow*Warrior*

BitterAndTwisted wrote: »

In your place I'd be getting into work at least a quarter of an hour early to ensure you secure a work-station/desk before your paid shift starts.

I do get in 10/15 minutes early anyway - you have to get in early as it takes time to load up all the software needed for the job and we are supposed to be logged in and ready to take a call at the start of our shift. The difficulty is that I work part-time so the morning shift have all come in and found desks and I don't come in til lunch-time, and sometimes there just aren't any fee desks until someone leaves.

It's not really been a problem until last week. In the past, I've just logged in a few minutes late if I couldn't find a desk and put in an amendment request for my schedule, which has always been accepted before. It doesn't show up as me being late, it goes in (or at least it used to) as something like a computer problem which we're allowed to log out for. I think this person just has a bee in her bonnet about me. I think I'm the only one with this start time, so others either get in earlier when there are still desks free, or come in later when many people have left for the day.

When I complained about being asked to pay the time back, the message I got was that this manager says there were available desks - but I walked down the office and didn't see any, plus she didn't bother to tell me where they were. I think what she did was sneaky as she didn't tell me and give me a chance to explain, she just marked me down as late.

I don't know if the unpaid leave thing is because of this issue or not, it's just that it seems a coincidence that it's happened around the time this woman has decided to make me work late to repay the time when I couldn't get a desk. It may well be just a coincidence, though. I'll ask my manager to look into it next week.

Regarding the desks, I do intend to make it their problem from now on. I'll get in at my usual time and ask where they would like me to sit.