Witholding pay...legal?

bobthesod

Brief overview
Drive for a charity and am on a16 hr(2 day) week contract.
We have a electronic clock in/out.with a paper back up to advise when we forget
Memo to say no log in...no pay until paper form input, and will be paid next payday
Now although it is a 8hr day the driving schedule in normally nearer 9, but no extra pay as it is 'voluntary' a phrase well used to !!!!! our concious
So two months ago i worked 80 hours ( doing an extra day a week to cover lack of drivers ( they keep leaving..i wonder why?) but only got 48hrs paid. advised this would be paid next month. When i was still sort i check and they said that it was only 24hr owed
I have checked my schedule and double checked it was 80. When told about this they said that they are 'fed up' with this happening and they may not pay anything should it happen in the future (WHAT?)
luckily the buses have tracker and show all journeys, plus the fact that i have to fill in a drivers sheet AND hand in a tacho print out that shows that i have been in the bus from X until Y each day.
So there is sufficient evidence as to hours worked.
The question is , is this an empty threat or can they legally not pay me for work done. Could there be any small print in the contract i have missed?

comments appreciated

dawyldthing

I'm having a similar problem in that we've been told if we don't get the timesheets in on Monday apparently they won't pay us at all.

I rung up acas and they apparently can do as they please as and I can't remember the exact words but along the lines of as long as it's in the contract, even telling you to wear fairy wings can be perfectly legal.

He added if you can keep a timesheet or get proof in some shape or form it might be possible to take them to tribunal, but obviously that has time and cost implications.

Photocopy everything, keep as much proof as possible

mum2one

another vote for photocopy everything, when I took my ex to tribunal, all these paper copies came in very useful,

bobthesod

I have emails of the schedules which can be verified from their records. which i unerstand they must keep under VOSA rules. Other than that .. nothing

getmore4less

Fairy standard to have a record system in place that is tied to the pay day.

If the rules become time sheet in by XX to get paid on YY or it carries over to the next pay day then that is OK.

Allthough a some places will proccess contract hours(unless they are variable) as they should be paid, then have a system for the "overtime".

THe other issue of just not paying for work done is not acceptable so you will need to keep records if they go through.

Unless you are desperate for the extra money it might be time to exercise some unavailability and stop doing voluntory work.

Forget guilt trip you want to be a paid driver if they want volunteer drivers tell them to go find some.

problem is they can have hours worked and hours paid different so check the contract it should be clear in the contract but they count as working so national min wage rules apply for the hours worked.

what you can do is check for every bit of extra work you are asked to do "will this be paid?" preferably in writing emails will do, so you could ask for all request to do extra work in writing.

Are the people you work for paid employees or volunteers, if you get to much agro over this might be time to engage with the trustees as they ultimately have liability in a lot of charities.

getmore4less

On another angle since they are messing about with pay how do they manage holiday and holiday pay

Might be time to get all this overtime included if not allready.

DandelionPatrol

The basic principle is that if you work the hours, you should be paid for those hours according to the contract.

The difficulty is over the evidence - and the timesheet is usually the undisputed evidence. If there is no timesheet but you have evidence, then ultimately, I would say that a court would back you [barring wobblies on the day], even over a memo to the contrary.

But overall, an employer who needs favours is in a weak position to start withholding money. All you do is when the favour is asked, just string them along with 'I need to check with the Mrs because of X' until a few hours before the required time, then say 'You know, I did you a favour last month and worked those hours and I haven't been paid .... I think I'll just enjoy my spare time today'

bobthesod

Thanks for the replies. One of the guys has checked the Contract and cannot find anything in writing that hours worked while 'not clocking in/out' will not be paid. Although he did mention that it was announced at the last few Staff meetings. so it looks like they may be blowing in the wind?
As regards working aditional voluntary hours i have already come off the Sat rota, albeit only 4 Sats a year. Again promises made that it will become paid O/T ( at basic rate so no enhancement) then that changed to the hours worked will go towards any damage repairs, then that changed to a jan1-Dec31 with no carry over ,and again changed that if you had a prang in Jan, the hours worked afterwards would not be apllicable. They have also reduced leave to the minmum allowed, wont allow leave to be carried over. YET we carry on doing it because the Kids and disabled will suffer as it is a good service they offer. And it is always pushed in our faces to volunteer but i have got immune to that now. so it is do the bare required. they always take but never give.
So itwould looke like i am on safe ground by pushing for any o/s pay. Luckily i am in a position where acarry over doesnt affect me, but to a couple of guys it might.