Can employer deduct overtime pay as well as normal pay when sick on apprenticeship?

Feyfangirl

Hi All

Hopefully will be able to explain better than my title. Basically I am awaiting an operation for my ear due to chronic pain, infections, etc. Unfortunately this is having a knock on affect on my other health problems (of which my employer knows of)

Basically the facts. I do not get paid study time, do all studying at home. I am on a 30 hour contract. Usually do a lot of overtime *15 hours plus*. I am paid 3.50 an hour. I was off sick on one week 5 hours (that was one 5 hour shift) and the following week I missed a 10 hour day.

But on both weeks I worked my contracted hours anyway. (worked 30 hours out of 35 on one week and 30 out of 40 on another if that makes sense) I asked my manager and she said as I did my contracted hours, I wouldn't lose any pay. The thing is, I normally get paid £430. I got paid this time around... £360.

So yeah, not best pleased. I asked HR today and they said, oh you were sick, so they're taking my apparent "overtime hours" (which ended up adding up to a contracted week) and they're saying they're taking extra as I didn't work a full contracted week even though I do have evidence backing me up showing the hours I worked. I was just wondering really if they can do that legally? (hopefully this makes more sense than my original very odd sleep deprived post!"

surreysaver

I don't really understand your question. Do you get sick pay? You wouldn't normally be paid overtime if you don't work it. How can they deduct something if you haven't earnt it in the first place?

sangie595

Yes, I'm confused too. You can't have overtime until you have completed your contractual hours in a week. Overtime is always on top of "normal". If toy haven't done your normal hours, then there is no overtime.

stator

So she said that as you've worked overtime, those hours will now be considered regular hours that you've missed and so you will still get your basic salary. But you won't get your overtime hours, because those hours have now been transferred to standard hours.

Did you get your standard salary?
Did you get any overtime hours you've worked?

How many hours did you work of each and what exactly have they deducted?

marliepanda

You say you didn't meet the minimum of 15 hours (assuming some of your contract is study time) therefore you didn't do any overtime.

If I usually work three days, say 'oh I'll do five this week as overtime ' but am sick for two of my neomal days, I haven't done overtime, I've just done my normal days.

surreysaver

I think I understand the gist of what you're saying. Do you expect to have your contracted days off sick, but work, and get paid for, your days off?

surreysaver

I think I understand what you're trying to say. Do you expect to have your contracted days off, but work and get paid for, your days off?

Feyfangirl

Sorry about that, was half asleep (confused myself reading that!) o.O

Basically the facts. I do not get paid study time, do all studying at home. I am on a 30 hour contract. Usually do a lot of overtime *15 hours plus*. I am paid 3.50 an hour. I was off sick on one week 5 hours (that was one 5 hour shift) and the following week I missed a 10 hour day. But on both weeks I worked my contracted hours anyway. (worked 30 hours out of 35 on one week and 30 out of 40 on another if that makes sense) I asked my manager and she said as I did my contracted hours, I wouldn't lose any pay. The thing is, I normally get paid £430. I got paid this time around... 360. So yeah, not best pleased. I asked HR today and they said, oh you were sick, so they're taking my apparent "overtime hours" (which ended up adding up to a contracted week) and they're saying they're taking extra as I didn't work a full contracted week even though I do have evidence backing me up showing the hours I worked. I was just wondering really if they can do that legally? (hopefully this makes more sense! )

comeandgo

You do not get paid if you do not work, you had time off as ill, you would not get paid those hours regardless of how many other hours you did.

IAmWales

I think OP is trying to say they did 30 hours a week but they have not been paid for them (£430 would be the monthly salary for a 30 hour week). Is that correct OP?

If so, ask for a breakdown of how many hours you have been paid for each week. Come back to us with that.

marliepanda

You should be paid for the hours you worked.

It doesn't matter if it's overtime or normal hours. If you worked it, you should be paid.