Is this legal? Made to lose a day's work and pay

bundly

I am posting for my friend who is Russian. Her English isn't very good.

She has been working for a small factory making designer sofas for about 2 yrs now, on a 39-hour-week contract.

A few months ago she and her 9 coworkers (all Eastern Europeans) were called into the office and told that, as demand was down, they were no longer required to work on Fridays.

Then, after five weeks of this they were told that they now owed the company 39 hours, for the five Fridays they had not worked, and that the following week they would have to repay the company by working 39 hours and receiving no pay. Her payslip literally says £00.00. But of course she still has to pay her rent, etc, out of her zero income.

They are all feeling very aggrieved at having to work a whole week with no pay. It's partly psychological of course, and perhaps it would not feel so bad if the company had deducted one day's pay per week, rather than do it this way. When one of them went to complain she was handed a letter that stated that she could take "voluntary redundancy" and if she declined then she was "accepting the new contract".

I'm not employed at present and know nothing of employment law. But I bet someone on here can tell me whether this company is acting legally or not.

Thanks!

marybelle01

If she wasn't paid for the laid off days, then of course she doesn't owe them 39 hours! And if her contract doesn't allow for lay off without pay, then they can't lay her off without pay either, and she still doesn't owe them 39 hours. Seems that this may be an unlawful deduction.

ohreally

https://www.gov.uk/lay-offs-short-timeworking/guarantee-pay

bundly

Marybelle - Sorry if my first message did not make this clear.. I will put that right:

They were all paid their usual 39-hour (5-day) wage during the weeks that they only worked 4 days. That is how they came to owe the company the pay they received for the "5 Fridays", for which they had to work a 39 hour week without pay.

I will get her to show me her contract. It seems that you are implying that the company ARE acting legally IF lay off without pay is in the contract.

ohreally - thanks for that link. Shame the page does not explain how to apply for this lay-off pay, or whether it is paid by the govt or the employer...

anamenottaken

marybelle01 wrote: »

If she wasn't paid for the laid off days, then of course she doesn't owe them 39 hours! And if her contract doesn't allow for lay off without pay, then they can't lay her off without pay either, and she still doesn't owe them 39 hours. Seems that this may be an unlawful deduction.

As the OP said, "it would not feel so bad if the company had deducted one day's pay per week, rather than do it this way" it seems they did pay for the Fridays not worked and are now claiming the time that they paid for "in advance".

Of course your comment about whether their contracts are reserving the right to lay off workers is important and needs to be checked.

bundly

Is she being badly treated or is this just the way things are these days for workers?

bundly

I asked her to show me the contract, and she said that when she and others complained about their contractual terms being broken, and pointed to the terms in her contract, her foreman took it from here, tore it up and threw it in the bin.

He then said there are going to be redundancies, and anyone who complained about anything would be chosen for the first redundancies.

Is any of this legal?

anamenottaken

bundly wrote: »

I asked her to show me the contract, and she said that when she and others complained about their contractual terms being broken, and pointed to the terms in her contract, her foreman took it from here, tore it up and threw it in the bin.

He then said there are going to be redundancies, and anyone who complained about anything would be chosen for the first redundancies.

Is any of this legal?

She should contact HR (if there is such a department) and say what happened ("foreman took it and threw it in the bin") and ask for a replacement copy.

AP007

anamenottaken wrote: »

She should contact HR (if there is such a department) and say what happened ("foreman took it and threw it in the bin") and ask for a replacement copy.

Yes HR will have a copy that she signed on her file.

dawyldthing

How long have they been there as if it is less than 2 years anyone can be gotten rid of for no reason at all

FBaby

Could the company about to go into liquidation and they just have nothing to pay? She might be better off looking for another job asap.