Employer charging for payslip issue

SnowyOwl_2

A friend of mine works for a care agency providing caring services in client homes. She is paid a little above minimum wage and is paid weekly. The agency deducts £1.25 every week from her pay (and everyone else's pay) for her payslip. Payslips are sent electronically to staff, nobody receives a paper copy. Is this a reasonable deduction, and can my friend do anything to stop the deductions from being made?

Valli

I am fairly sure that this is illegal as it's not a permitted deduction from pay.
Unless this has been agreed to in the contract if employment.
Certainly very unusual.

I would be interested to see what others say.

ACG

You sometimes think you have seen it all and then all of a sudden you see another shyster company trying to save a few quid.

£1.25 to send an automated email...not a bad job that one is it.

TELLIT01

That's one of the most outrageous things I've seen on the board for a long time, and there have been some crackers.

agrinnall

I suspect the charge will come under the Deductions from pay rules, so I think whether it's allowed or not would come down to whether it is a contractual term.

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

Masomnia

agrinnall wrote: »

I suspect the charge will come under the Deductions from pay rules, so I think whether it's allowed or not would come down to whether it is a contractual term.

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

Even if it were in the contract I'd be surprised if that were enforceable. It's crazy.

General_Grant

Employers are required by law to provide a payslip before or at the time payment is made. They have to provide it so I see no way they can charge for sending it when it isn't even a piece of paper with ink on it.

sangie595

Setting aside the moral outrage, which I agree with in part... (a) I am not able to find any law that says that payslips cannot be charged for, and nobody has yet quoted that law whilst asserting that the employer can't do this - if we are going to tell someone it can't be legal, then we need to be able to tell them why, and I can't find that reason. Anyone else can? (b) this individual works for a care agency we are told. Do we know for certain that they are an employee? Because only employees, not workers, have the right to a payslip. And I am not in possession of any information that suggests they are definitely an employee.

In relation to the question, there were two parts. One is whether the charge is reasonable - on that matter, reasonable is only an opinion, and the only thing relevant is whether it is lawful. I can't find an answer to that question. The second is whether there's anything can be done to stop it. Which is a question in itself. If it is not legal, then it would require someone to take the employer to a tribunal or court. The only reason I can think of for working under these conditions is that you can't find another / a better job. The answer to that would therefore be, not unless you are leaving the work anyway.

pmlindyloo

If the OP's friend is an employee and there is no provision in their contract for this or no subsequent written agreement for this deduction to be made then I would turn the question back to the employer.

I would write and ask under which statutory provision or authorisation has this deduction been made.

sangie595

pmlindyloo wrote: »

If the OP's friend is an employee and there is no provision in their contract for this or no subsequent written agreement for this deduction to be made then I would turn the question back to the employer.

I would write and ask under which statutory provision or authorisation has this deduction been made.

And that is what I might do too. But I don't need the job, and that is always the crunch. Because the answer may come in the form of a P45. Whether an employee or not. Many of these agencies sail close to the wind on employment status, and this person might be on a zero hours contract, say, but actually be legally an employee. These sorts of employers will quickly get rid of anyone who starts asking questions - too many tribunals have found against them in high profile cases recently. They aren't unaware of the risks they now take of legal action.

SnowyOwl_2

Thanks everyone for your replies. I have advised my friend to have a look at her contract to see if she had actually signed to agree to this deduction.

She is indeed on a zero hours contract and does need the work. She says however that should anyone question or complain about any of the practices or decisions made by agency management then that person finds themself with minimal hours to work. Most of the staff work anything up to 40 hours a week, it's very difficult to then suddenly go down to perhaps four or five hours work every week. She's fearful of speaking up. Not to mention that all staff must have transport, ie a car, pay all fuel, wear and tear and fuel costs themselves, and must have a smartphone (not an old Nokia or similar) and to finance all work related calls/texts themselves. This is a "care" agency! It's despicable how the staff are treated.