Forgetting to clock out - deducting wages

KieranB91

Hi there
My UK employer has recently started requiring us to clock in and out.  

On two occasions I have forgotten to clock out at the end of a shift. I received an email stating if it happens again then I wont be paid for that shift. 

There is no policy in my employment contract or the employee handbook that relates to clocking in/out. There is also no mention of this in our ‘policies and procedures’ folder. 

My question is whether they are legally allowed to deduct my pay for the entire shift because I forgot to clock out? given the fact there is no information related to this in my contract, the handbook or policies and procedures. 

In future I will of course do my best to remember to clock out, but I am interested in the legality of deducting my wages for that shift. 

Thanks in advance. 

Dox

Could be a breach of minimum wage requirements if you aren't paid at all for working a shift.

On a practical note, why not set an alarm on your phone as you clock in, reminding you to clock out at the relevant time?

nicechap

KieranB91 said:

Hi there
My UK employer has recently started requiring us to clock in and out.  

On two occasions I have forgotten to clock out at the end of a shift. I received an email stating if it happens again then I wont be paid for that shift. 

There is no policy in my employment contract or the employee handbook that relates to clocking in/out. There is also no mention of this in our ‘policies and procedures’ folder. 

My question is whether they are legally allowed to deduct my pay for the entire shift because I forgot to clock out? given the fact there is no information related to this in my contract, the handbook or policies and procedures. 

In future I will of course do my best to remember to clock out, but I am interested in the legality of deducting my wages for that shift. 

Thanks in advance. 

if you want a legal opinion you need to consult a lawyer, many do free 15 minute consultations. Legal advice from unknown posters on the internet can be relied on.  Your employer would probably laugh at you if you said "But someone on the internet said you had to"

Back to the question. What evidence do you have that you stayed for the entire shift and didn't simply leave as soon as you'd clocked in? If you have evidence ( colleagues/ mangers witnessing it, emails sent from work PC) then they have to pay you. It might delay payment whilst the evidence is gathered and shift authorised without your clocking out, but if there's nothing to show you've worked your employer has no obligation to pay.

nicechap

Meant to read "cannot" not can.

TELLIT01

It could easily escalate into a misconduct situation.  Just remember to clock out. I do have some sympathy with the OP if they are in a situation where clocking has only just been introduced where it wasn't in effect before.  It's very easy to forget to clock in as well if you aren't used to the system.  I'm speaking from experience.

marlot

As I drove to work, I put a sign on my driver's seat "Remember to clock out".  Saved me a few times.

steampowered

When an employer can or cannot deduct from your wages is specifically regulated s13 of the Employment Rights Act 1996 (http://www.legislation.gov.uk/ukpga/1996/18/section/13).

The Act says that employers are only permitted to make a deduction from your salary if (1) the employer is authorised to do so by a term in your employment contract, or (2) you have agreed to the deduction in writing.

If there is nothing about this in your contract then it would be unlawful for the employer to make a deduction from your wages because you didn't clock out properly. The employer could however put you through a disciplinary procedure for failing to use the time recording system properly.