Wage deduction

mikehobbs

Hello this is going to be a long post so please bare with me.

Monday 30th January I let my work colleague who basically acts as my boss know that I couldn't make it in as my wife had pulled her back and she needed me to be able to stay and look after our newborn, which I did, this continued till Wednesday, I was able to go in work on the Thursday, now before if people have had to take days off, we have been able to use our holidays without problems, which I thought was going to be the same this time, I have 2 disabled boys to get ready for school also everyday, so I returned to work the Thursday and made sure I put my marker on the calendar for holidays, today 8/2/17 is my payday and my wage was very short, when I queried this with my boss he said I'm not allowed to take them as holidays and he's deducted me for absenteeism, now when others have had days off they have been asked holiday or unpaid.

When I questioned this today, my boss come back to me with you need to give 2 weeks notice of days off, I told them that I had to take the days off too look after my daughter, and I'd used them as holidays, so after an arguenebt about it where I pointed out that another employee booked 9/2/17 off without the so called 2 weeks notice, his reply was he made provisions to take it off, I replied I can't know 2 weeks before my wife will be ill, this is all been to make an example at my expense because the days were busy with jobs, but I wasn't to know my wife would become ill and need me, this rule has never been practiced by him before.

Can he do this to me?

I'm at a loss because as I said this has been done to make an example of me, even tho in past this hasn't been done to anyone else

Any info would be great

marliepanda

Does your work have an official holiday policy? It all sounds extremely informal and just because something wasn't a problem one day doesn't mean it's. or a problem another day.

mikehobbs

Without sounding thick lol, can you explain

marliepanda

mikehobbs wrote: »

Without sounding thick lol, can you explain

Basically you can't say 'well when Peter needed to take two days off you let him!' It may have been totally fine for Peter to have taken those days as holiday, the business may have been able to carry on.

Maybe they had to bring in cover or lost money due to your 8 days off (not including any normal days off)

You also don't appear to have informed your actual boss of being off, you say your colleague who 'acts as your boss' Plus did you call everyday to say you were still unable to come in until you returned?

Basically I don't know your contract, your policies, your work. But at my job I cannot just decide not to turn uk for around 6-8 days and just say 'oh that's holiday.' A lady has been off looking after her sick grandchild and she has had some of that retrospectively put as annual leave, by that doesn't mean it's 'ok'and everyone can do it.

mikehobbs

I was off 30/31 n 1st back in 2nd so it was 3 days, no cover was brought in and no money lost, we all let our colleague who is like our boss know, we just to need to let him or the main boss know, I did let him know everyday that I still wasn't able to make it in, to be honest I don't know my contract and the policies are made up as things crop up, he just brings memos out, looks again I can't do anything about it when this has never been done before, this isn't first time he made an example of me, thanks for your help

annandale

What do you mean your colleague who acts as your boss?

Get a copy of your contract

To be honest if you are off sick you are off sick. Some employers might let you use time off as holidays but I wouldn't assume and would always ask

Does your employer not pay sick pay

marliepanda

annandale wrote: »

What do you mean your colleague who acts as your boss?

Get a copy of your contract

To be honest if you are off sick you are off sick. Some employers might let you use time off as holidays but I wouldn't assume and would always ask

Does your employer not pay sick pay

He wasn't off sick. His wife had hurt herself.

Usually that would be unpaid leave at my work unless otherwise agreed

mikehobbs

Well our boss has a lot of holidays so the other guy runs the place most of the time and he's who we report to, our main boss has said that, sick or unpaid he does it the same way, but before yesterday he had always allowed any days off needed for sick or to help when you have illness in the family to be taken off as holidays, I've never been given any forms or paperwork as a contract and I've been here 15 years now

mikehobbs

He'I had accumulated 8 hours overtime, he has also taken that off my wage as part of the absenteeism, as we are a small company, no one says anything, apart from me but I just don't know the ins and outs of what is allowed

marliepanda

Well you were off three days, has he taken off three days hours plus 8? That would be unfair.

mikehobbs

He's just put absenteeism so I can't tell if he has, also can you take overtime off a wage when it's hours worked extra ?