Not being paid for time worked - legal?

lovelouise

I have been working for my current employer since May 2014. There is no specific clause in my contract relating to sick pay, but instead directs us to read a company handbook which I have never had access to.

The company "policy" is apparently that if an employee needs to leave work early, they will not be paid at all for that day unless more than half the shift is worked. For example, I work 3 hours into a 9 hour shift and unfortunately have to leave due to illness. I am not paid for the 3 hours worked, nor am I allowed to leave 3 hours early on another shift to make up for that time I have worked. However, if I was 3 hours late, or even 10 minutes late, I would be required to make up that time not worked. I have argued this with my manager as I am due time back but this has been categorically denied as it's "company policy". As stated, there is no specific clause in my contract regarding this, and from what I can tell, I am legally entitled to be paid for time I have worked.

Can anyone clarify this?

I also have another issue whereby I was deducted a full 9 hour day's wage for a day off sick, however the sick day I was absent was a 6 and a half hour shift that I was due to work. Surely I should only be deducted the hours which I was absent for?

Any advice much appreciated. Have already contacted CAB, but awaiting a response and would like some advice so I can approach HR tomorrow.

Thanks.

bargainbetty

The first point is to ask for access to the company handbook. If it is not available to see, then it should not be referred to as a policy. Once you have the handbook and policies to hand, you can see what you have signed up to and whether or not the contract terms could be deemed unfair.

lovelouise

I am in the middle of an email tennis match with HR. I have requested to see the handbook, they have told me it is on the company intranet. I have responded that I'm aware of that, but employees do not have access to this intranet. My manager does not even have access to it. Have requested they email me a copy of the sickness policy section. Just a bit worrying as surely we should have received a copy of this elusive handbook at the same time as receiving our contracts!

lovelouise

Just been sent the sickness policy. There's no mention whatsoever regarding leaving work early and not being paid. All it says is regarding SSP and contractual sick pay, but I've less than a year's service so it doesn't apply to me anyway. Have emailed again to ask for the specific policy regarding leaving work early.

lovelouise

Been advised there is no written policy re: leaving work early. Where do I stand now??

TBagpuss

e-mail back, explain that you have been docked pay without your agreement and that you have been unable to find anything justifying the deductions. Ask them to make arrangements to pay the time worked or alternatively to set out in details what the policy is, where it is referenced in the hand book and contract and what the basis is for not paying you for time worked.
It may be worth you contacting the ACAS helpline.
Do the deductions take you below NMW?

agrinnall

So who was previously telling you what the company policy was? Go back to them and provide them with what you now know.

getmore4less

If the average hourly rate takes you below NMW then there is a claim based on that.

WHat you get paid over that is contractual and negotiation.

What you describe is very unusual and probably not in the contracts.

Savvy_Sue

And start job hunting: you are asking quite reasonable questions, but there is a danger that this will mark you as a trouble maker.

lovelouise

Thanks everyone. Bringing it up with my manager today.

I'm actually leaving on Friday anyway as I'm going travelling, but I wanted to clear this up before I left as I've been underpaid previously due to this "policy" which seemingly doesn't exist. It's also happened to a lot of my colleagues, but obviously they need the job and they're too afraid to question it as they don't want to jeopardize their jobs.

Savvy_Sue

Oh well then, you have nothing to lose! If you were on minimum wage or this took you below, you would definitely have grounds for illegal deduction of earnings.