Unauthorised Wage Deductions. Please help?

Question

My boss has started docking our wages if we are late in the morning but not in a fair way- if we are more than 5 minutes late he docks us for a whole hour! We think not only is this unfair but unlawful? What are our rights? I live and work in England so UK laws would apply.

Answer 1

I found this very interesting site which mentions this....

"Retrospective consent to deductions from wages

An employer might ask a worker to agree to a change in the terms of his or her contract, or to give his or her consent, to allow for deductions to be made on account of certain conduct. However, if the employer makes a deduction in respect of any instances of such conduct that took place before the contract was varied or the consent obtained, this remains unlawful. The same principle applies to payments by workers to employers.

For example, an employer might obtain a worker's consent to allow for deductions to be made on account of lateness. The employer would then be entitled to make deductions on account of any future incidents of lateness, but would not be entitled to make reductions on account of any such incidents that occurred before the worker's consent was obtained."

So unless it was in your contract or you gave some written consent, then it is unlawful based on lateness itself. If you want to read more about this and other unlawful deductions of wages in the UK then check out the site below.

Hope this helped with your question.

Answer 2

If this isnt in your contract then he cant do it. If you dont have a contract (written) then the way things 'normally' are would be the rule, so if he's only just started doing this it is a change of your terms and conditions. You should have been consulted about any changes, and if you object to them you can put it in writing to him and say you are working under protest. However, you can only do that for a while, after which you would have to leave, or accept the change. I'm afraid that in the end you'll have to accept it because even if you could take him to a tribunal and get a decision from them, there is no one to actually enforce that decision.
Its normal to have 15 mins deducted for being up to 15 mins late, but an hour seems a bit excessive. It might just be worth talking to him with other colleagues who feel its unfair. It may work.

Answer 3

Tricky - it does depend what your contract says.

If you have signed a contract that says he is entitled to do this, then that is the position and he has in essence your consent.

On the other hand, if you are late without authorisation, you are breaking your contract too, by not turning up at the agreed start time (albeit only 5 minutes)

Nobody is allowed to make deductions from your wages without your written consent, (with the exception of court orders etc) .

He may argue that if you turn up on time no deduction is made, but if you don't why should he pay you for breaking your side of the bargain

Pose him this question - If I use your calculations (Mr Boss) every time I turn up 5 minutes early, you should pay me an extra hour!! Which by the way is most of the time!

Then tell him the odd time you are 5 minutes late is eaily countered by the 99% of times you turn up more than 5 minutes early, therefore no monies are due to him from your wages and further more he is breaking the law by making deductions that you have not given your written consent to!

Go to your Citizens Advice Bureau too, see what they think.

Or simply tell hime to take his job.....................

Answer 4

You need to get this sorted, your boss cannot dock your wages because your late, he can only pay you for the time you are there. If I were you I would contact ACAS or visit there site www.acas.co.uk

Answer 5

I have had similar experience.Ring the CAB. I rang the CITIZEN ADVICE BUREAU and they sent me the legislation relating to wage-docking. I told my boss I had been advised by CAB, and they would further help, if I neede further advice.The docking stopped. Try this one. Good Luck.

Answer 6

Hello Alfonze h,get down to your local Citizen Avice Bureau ,take your payslip or two ,tell them everything and they will advise you free of charge and help you write a letter, etc., thy can also advise of the minimum wage and your entitlements or you could join a union such as Unison and get many benefits,John Boy

Answer 7

Go to the Citizen's Advice Buro.. who will inturn point you towards the Law Centre who are also free... and deal in employment law... go see these guys.. and you will get free proffesional help plus an ease of mind... see what your collegues thaink im sure there with you... what about a union?.. are you in one?

Answer 8

Your boss is stupid because some employees might be tempted to dock some of his stock in compensation.

Answer 9

He is not allowed to do that but he does have a right to discipline someone for being late.

Answer 10

Well you need to take him to court or you can strike,

i would take him to court, I am not sure about UK laws as I am American but Small claims court should handle this,

and doesn't cost much to file the claim

I would also try to organize the other employees aswell,

Find a new job, and make sure you don't work for that hour that he is docking you,

try this website.
http://www.workplacelaw.net/display.php?resource_id=8125

they will have to pay you arrears

here is another site.
http://employee-benefits.lawyers.com/Employees-Wages-and-Hours-FAQ.html


Employees: Wages and Hours FAQ


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What is the FLSA?

If my state’s minimum wage is different than the federal minimum wage, which do I get?

I just found out that someone who was hired after I was is making more money than I am. Isn’t that illegal?

I was promised a raise three months ago, but I haven’t received it yet. What should I do?

What is considered "work time" which I can be paid for?

Should I be paid for breaks or my lunch time?

Can an employer refuse to pay me overtime?

Am I to be paid overtime for any time I work over eight hours in a day?

When must overtime be paid?

Can an employer dock my pay?

Should I be paid for the time I travel for work?

If I sue under FLSA for wages I think I should have received, what might I get?

I've been fired. When should I receive my final paycheck?

My compensation is primarily commission, and layoffs are coming. Will I receive my commissions?



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Q: What is the FLSA?
--------------------------------------------------------------------------------

A: The Fair Labor Standards Act or FLSA is federal legislation that:
Defines the 40-hour workweek
Covers the federal minimum wage
Sets requirements for overtime, and
Places restrictions on child labor

Return to index . . .

--------------------------------------------------------------------------------
Q: If my state’s minimum wage is different than the federal minimum wage, which do I get?
--------------------------------------------------------------------------------

A: The higher of the two. State laws can provide greater wage protection than federal law.

Return to index . . .

--------------------------------------------------------------------------------
Q: I just found out that someone who was hired after I was is making more money than I am. Isn’t that illegal?
--------------------------------------------------------------------------------

A: Not necessarily. If the co-worker's skills, education, background or other history warrant it, they can be paid more than you are. If the jobs have different responsibilities, compensation levels can be different.
But pay differentiation can’t be based on what’s a called a “protected characteristic.” For example, if you and someone else are performing exactly the same job and he’s getting paid more than you because he’s male and you’re female, that would be illegal.


Return to index . . .

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Q: I was promised a raise three months ago but I haven’t gotten it yet. What should I do?
--------------------------------------------------------------------------------

A: Consider talking to your employer, but understand that raises aren’t mandated by either federal or state law. If the employer’s situation has changed since the offer, it’s possible they can’t afford the raise at this time and would not be obligated to increase your rate of pay.

Return to index . . .

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Q: What is considered "work time" which I can be paid for?
--------------------------------------------------------------------------------

A: Any activity which an employee performs that benefits the employer is usually counted as work time. This included activities such as store meetings prior to opening, set-up and take-down of equipment or materials, or taking work home. Training is also counted as work time unless the training is held outside normal work times, completely voluntary, not directly related to his or her job and no work is performed during the time.

Return to index . . .

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Q: Should I be paid for breaks or my lunch time?
--------------------------------------------------------------------------------

A: The Department of Labor generally holds that if a break is less than 20 minutes, the time is paid. A lunch break of 30 minutes must be provided when working five hours or longer and should be paid time if the employee has no duties during the time.

Return to index . . .

--------------------------------------------------------------------------------
Q: Can an employer refuse to pay me overtime?
--------------------------------------------------------------------------------

A: It depends. The requirements for overtime pay for most employees are covered by the federal Fair Labor Standards Act. Eligibility depends on:
The type of work you do
The number of individuals employed in the company and
Whether your employer conducts business exclusively within your state lines or across state lines
Covered employees must be paid one and a half times the regular rate of pay for the hours over a standard work week of 40. However, if you took it upon yourself to work unauthorized overtime, you may be subject to discipline for doing so. If you believe you’re entitled to overtime pay and the employer isn’t paying you, consider contacting your state’s Department of Labor.


Return to index . . .

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Q: Am I to be paid overtime for any time I work over eight hours in a day?
--------------------------------------------------------------------------------

A: Not necessarily. While there are some exempt employees such as managers, or special requirements found in hospitals or nursing homes, the Fair Labor Standards Act (“FLSA”) requires overtime to be paid on time over the standard 40 hour work week. Your employer can request that you work more than eight hours in a single day, on weekends or holidays as long as the total time doesn’t exceed 40 hours per week.

Return to index . . .

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Q: When must overtime be paid?
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A: Overtime must be paid on the regular payday for the pay period covered and typically in cash. Compensatory time or payment of overtime with other "non-cash" items is not acceptable.

Return to index . . .

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Q: Can an employer dock my pay?
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A: It depends on what you mean by “dock.” If you are a non-exempt employee, you must be paid your hourly wage for every hour that you work. You need not be paid for time you do not work.
Your employer can only take deductions from your pay in certain specific circumstances – check with the Wage and Hour division of your state Department of Labor for the specifics in your state.

If you are an exempt employee, you must be paid your full salary every week in which you work with the following exceptions:

The first week you work (if not a complete week)
The last week you work (if not a complete week)
Any week in which you took FMLA time (if not made whole by vacation or sick time)
A week in which you took an entire work day off that was not covered by vacation or personal time
A week in which you took a complete sick day and you either were not eligible for or had exceeded your sick time under your company’s policy
A week in which you were suspended for a major safety violation

http://www.thompsons.law.co.uk/ltext/l1170003.htm
Check out this site its really good too.

good luck

meg