Employer docking pay?

Sponge

Seriously? I sincerely hope you're joking with those remarks.

pugger wrote: »

http://www.worksmart.org.uk/rights/if_we_are_only_a_few_minutes

This is what I've found for starting late, I assume leaving early is covered in the same way. I'm probably sounding like I want to purposely cause trouble in my workplace but it really isn't like that. I don't appreciate threats (especially in the workplace) and if they are unlawful I'd like to address them.

I totally see where you're coming from. Unfortunately, many of the people populating this forum won't and will jump on the 'you're ripping off your employer, should be thankful for a job and are scum' bandwagon.

Pay in 15 minute blocks, yeah sure, but a bit of a buffer around the clocking off time would surely be reasonable? Just a few minutes to accommodate for being human and not a robot with a built-in atomic clock.

pugger

zenmaster, do your research on contract law and private parking tickets then come back to me, cheers :-)

pugger

Thank you sponge. All I ask is to know the legality of it.

pugger

You don't have to park (text removed by MSE forum Team) to get a ticket. You really need to do a bit of basic research. If you have nothing factual, mature or non-insulting to add to my thread then please run along.

the_donchichio

Every company operates in their own way and 15 minutes docked for clocking out 1 minute early is harsh but for companies with 100's of employees, all of whom clocking out 1 minute early and getting paid the same would be a lot of man hours lost over a year

Personally, companies need to draw the line somewhere (my current job has a 4 minute rule eitherway with a 15 minute deduction)

The facts are simple, you are contracted to work say 9-5 on monday but your clocks show you worked 9-4.59 so it's a breach on your part no?? I'm just putting it out there

getmore4less

It will be employment laws that apply.

So it will depend on how they have changed the contract, if it is a deduction clause you may have redress, if it is change in the way you are paid that will be harder.

As it is unlikely that this sort of deductions were in the previous NHS contract, they have modified your employment contract to allow for the deductions, and unless the TUPE transfer agreement blocked this type of change then they should consult and give notice.

TUPE only protects at point of transfer, a new employer can make changes using normal employment contract.

One step is to dispute their right to make this change and it may be that this type of deduction requires a signed* agreement

You would probably have to use illegal deduction of wages to try to redress the deductions if they make them.

*employment law requires certain deductions to have a signed agreement unlike most other contractual changes which just require you to work without protesting.

you will need to research more but these are the areas you need to be looking

getmore4less

If a company is going to deduct 15mins you might as well clock out 14 mins early or just wait.

Generali

pugger wrote: »

Thanks. Can anybody back this up with any contract law literature?

What does your contract say? You are very keen on this contract law thing but the first thing to refer to is your contract. If this new rule breaches your contract then you need to refer to contract law to see what you can do about it, if anything.

HappyMJ

pugger wrote: »

We are on 37.5 hour per weeks contracts protected by the NHS trusts terms and conditions under TUPE for 12 months if its any help. There is nothing whatsoever mentioning intervals by certain amounts of minutes etc.

If there is nothing mentioning how your time is calculated then there is little you can do. Just stand at the machine for a minute and wait until clocking off time.

What would you do anyway if you found a law that says you should be paid by the minute? Raise a court claim for the extra 14 minutes of pay once a month when you forget to wait for that extra minute? This just isn't a fight worth having.

If all employers paid by the minute would they also pay you for 1 minute of overtime too? They wouldn't it just isn't worth the hassle trying to calculate it...although I do understand that computers can easily do it but paying more than your contracted hours requires a managers approval for overtime and for 1 minute it isn't worth seeking it so they pay in 15 minute intervals.

getmore4less

One advantage of the use of pay docking rather than discipline processes they are saying you can work whatever hours you like.