Employer has taken wages off me for time I didn't take off?

krustylouise

Hi,

Just after a little advice. I was due to go to the dentist on 3rd December, which is unpaid leave. However I was ill on this day (was off for 3 days but as I'm salary I get sick days paid in full) due to being ill I had to rebook my dentist apt so am now attending in January. I have received my wage slip today and have been docked half a day for my trip to the dentist, which didn't happen. They have said that because it was booked in advance it has gone down as unpaid (despite me informing my boss well in advance of wages wing processed that I didn't attend)

Can they still dock my pay for time I didn't take off, as I will have to take more time off in January for the dentist instead. I appreciate people could try it on and say they're sick when actually they want unpaid leave, but I am certainly not like that!

AP007

What does the contact say about appointments and time off?

krustylouise

I asked for unpaid leave, and am totally ok with that, however when I don't take the unpaid leave I don't expect to be docked anyway!

WestonDave

Hmm, I'd suggest you've been docked half a day's pay because you agreed half a day unpaid, and as such you fall into a bit of a loophole.

If you'd booked time off within your leave allowance (i.e. holiday) then as you have a legal right to your holiday even if you are sick on that booked day, then you'd have got your holiday back and it would revert to sick leave.

However there is no such protecting rights on unpaid leave, and no statutory right to unpaid leave for booked medical appointments (as technically you are fit to work) it may well fall in the territory of you having agreed not to be paid for that morning so you've got to suck it up as the employer is holding to that agreement.

krustylouise

Thanks for your reply WD, fingers crossed they will allow me to use the docked hours to attend the actual appointment in January!!!

lakes17

You need to speak to your HR Department if you have one and explain the situation. If you were still of sick after the appointment then it shouldn't be a problem and the money should be refunded in your next pay. if it isn't then put in a Grievance again your HR Department should be able to advise.

WestonDave

You can put in a grievance, but you need to be careful if you haven't been employed for 2 years as causing trouble when you are outside the employment protection period may be a quick route to a P45.

I'd assume that by the January appointment you'd have a new leave allowance to use so it can be holiday rather than unpaid. If you are using unpaid leave to extend your absent time from work, then its quite possible the employer will insist on another deduction in January as the point of employing someone is to have them in work making you a profit over and above their wages. If you are off unpaid, then yes they save wage cost but they still lose the profit on top. Most employers therefore regard unpaid leave as a last resort for essentials towards the end of the leave year if holiday has been exhausted (leaving aside statutory unpaid leave like dependants leave).

krustylouise

I've technically been employed here for 4.5years (tupe transferred December last year)