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Are they allowed to do this ???

11 replies

NutcrackingXmas · 21/12/2005 07:21

I work at Wilko's for those that don't know.
Went in last night to be greeted by a big sign on the staff room wall saying basicaly that if you ring in sick on a bank holiday, you will then not get paid for that day, the shift you worked before that day and the shift you work after, so basically 3 shifts.

I know why they are doing it (because of people that go out and get sloshed), but what if you are genuinlly ill, or your kids are.

I have never heard of this before, are they allowed to do it ??

OP posts:

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SueW · 21/12/2005 07:29

Didn't Tesco bring this in a few years ago? Wasn't related to bank holiday but the first three days of any sickness.

I don't see how they can't pay you for the shift before though, since you would have owkred that. It's v early in the morning though and my brain is still waking (I didn't understand the stolen identity prem baby messgae at all)

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philippat · 21/12/2005 07:37

is there any small print? Like it's OK so long as you have a drs note?. Do you get paid time off for your kids being ill anyway?

Are you in a union?

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Twiglett · 21/12/2005 07:59

I can't imagine that would be legal .. you should call citizens advice

its almost theft .. you work a shift for money ..then company doesn't pay you? how can that be legal?

sounds a little 'victorian father'

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rickshaw · 21/12/2005 09:46

i am way tootired today to think straight but it sounds illegal to me (i'm an employment lawyer by the way, or at least i was until my sleepless baby turned my brain to porridge). shall i think about it tomorrow and let you know? do you have a written contract or offer letter or handbook btw? and if so, what does it say about pay per shift? (e.g does it say you'll get paid x per shift or does it say you may or may not get paid depending on what rules we might make up etc - the latter is umlikely of course but worth checking!)

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northerner · 21/12/2005 09:48

I'd say know. By law, you have to paid for any hours you have actually worked. So, no pay for the sick day definatley, but they must pay for shifts worked before and after.

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northerner · 21/12/2005 09:49

I'd say No.

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SackAche · 21/12/2005 09:50

No they can't do this, and no Tesco don't do this.

They have a policy that if you are off 5% or more in a month then you are on an overtime ban for 6months! That really hurts people.... but hurts the people who are genuinely off ill or with ill children and really need the overtime.

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FestiveFrex · 21/12/2005 09:57

Legally no worker has an automatic time to have bank holidays off and be paid. Your employer can insist that you take off bank holidays, but that it comes out of your normal holiday entitlement.

I think it is illegal to refuse to pay you for time actually worked, so if they deduct money for the shift beforehand and the one after, then that is unauthorised deduction of wages and you can raise a grievance about it. They are laying themselves open to an employment tribunal. In reality, if you want to keep your job, it's unlikely you'd take this route, but certainly, technically, they are acting unlawfully.

Do check your terms and conditions of employment relating to bank holidays. There may be a specific term in there dealing with what holiday entitlement you have and where bank holidays fall within that.

Also check your terms and conditions relating to sickness and sick pay. If your terms and conditions state something other than the notice in the staff room, they are unilaterally trying to change your terms and conditions of employment and they can't do that either.

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UCM · 21/12/2005 10:24

They cannot refuse to pay you for time worked. However, sick pay (from the company) is discretionary (sp) and they can give you statutory sick pay, about 60 somthing pounds per week.

If you have a Dr's Cert and you are entitled in your contract to a certain amount of sick pay, then they have to pay you.

But, how many people would go to their doctors for a certificate, which you have to pay for as it's within the 7 day self cert? Probably no one. I would challenge the fact that they are refusing to pay you for time worked before & after as I believe that is illegal.

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UCM · 21/12/2005 10:27

FTA my company are insisting on a Dr's cert (even for 7 day self cert) over Christmas, which they will pay for as everyone goes sick over Christmas, everywhere I expect. They are only insisting on this if you expect to get paid in full. If you happy to accept SSP then you can be sick quite happily on 60.34 or whatever it is.

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NutcrackingXmas · 21/12/2005 11:50

Thanks for the replies, I didn't think it was right.

I can't check what it states in my contract, because I haven't got one. I signed a temp one when I started in Nov, but that ran out last week and they haven't given me my permanent one to sign.

It was just written on the notice board in the staff room too, so no small print to check.

They have a generally poor attitude to you being off sick at all, so I am not really surprised that they have said it, but shocked that they think they can do it.