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do i have any rights?

(13 Posts)
noogles Fri 18-Jul-08 13:39:44

I have posted this in aibu but decided its better here!To cut a long story short - was signed off sick for a week and when returned to work was told that I was not getting paid due to a eror on a previous absence. Basically They had me down for having 1 day off but the rotas say I was off for two days last year.Since that my 2 other sicknesses were worked out from that sheet and so the last score I was given was an incorrect one. I signed the back to work form which they are saying is incorrect as did the assistant manager. Also i signed a piece of paper with the most recent score along with the other assistant manager and also wrote the score in my diary(which has now disappeared from my hr folder!and been replaced with a new one with all new scores unsigned!). Basically if it was 1 day off then I would be paid this abence that I was signed off for and if it was 2 I wont.

I want to take it further but dont know if I have a leg to stand on! help please x

flowerybeanbag Fri 18-Jul-08 13:46:28

So their records showed you had one day off last year, but the rotas showed it as two? And the rotas are incorrect?

If there is an error on their part then you shouldn't be penalised for it.

Do you mean both assistant managers agree with you and state that you only had one day off last year?

If the initial records say one day, both assistant managers say one day but the rotas say two days, it shouldn't be too hard to sort it out.

Get your manager to contact HR saying that the rota saying two days is wrong, the initial record saying one day is correct and could you please be paid accordingly. Better to get your manager to do it than you do it I think.

flowerybeanbag Fri 18-Jul-08 13:50:32

I'm assuming obviously that it was one day off you had not two!!

noogles Fri 18-Jul-08 13:50:51

Well no one knows! The rotas are hand written so the managers do them. We also had a different manager last year to the one we have now! God I am so confused,the return to work form says 1 day! And both me and asst mager signed it so must have been 1 day?! I did think it was 2 originally but I wouldnt have signed for 1 iyswim?

noogles Fri 18-Jul-08 13:51:28

I dont have my diary for last year so cant even see for myself

flowerybeanbag Fri 18-Jul-08 13:55:30

Well that's a bit different. How likely is it that the rotas could be wrong?

I can see how an error might be made on a return to work form and you both signed it without checking number of days properly, iyswim? For such a short absence you may not have felt you needed to double check that the right number of days had been put down. But how likely is it that the rotas would be incorrect?

It's a tough one. If it's a situation where it's not clear and you can't remember, and no one else can remember, you might need to appeal to their goodwill. If your manager is prepared to back you up could he/she request HR that they pay you on this instance as it isn't clear how many days it was last year?

noogles Fri 18-Jul-08 13:59:07

This has happened before they have said I had days off in the past that I hadnt.Which is why I am querying it?I thought it was 2 and did say that previously but now am unsure.Manager is not willing to back me up she says that the score was wrong and now its not! So am not getting paid.I feel that its a little unfair as I was given wrong info and now all of a sudden its changed iyswim?

flowerybeanbag Fri 18-Jul-08 14:01:12

Well if you yourself thought it was 2, why is it unfair? You might have to swallow this one I'm afraid. If you thought it was 2 and the rotas said 2, it probably was 2.

noogles Fri 18-Jul-08 14:04:32

But the scor on the bottom was worked out to 2 but all absences after that were worked out as 1 day off? So therefore I was given wrong info on those occasions especially last one where I was told there were no probs with absence etc. if it was new score I should have recieved a payment warning.Or does that not make a difference?
Its not my error iyswim?

flowerybeanbag Fri 18-Jul-08 14:18:20

It might not have been your error, but what information you were given doesn't make a difference, and whether you should have had a payment warning doesn't make any difference either as far as I can see.

If you have been off too many days and normal procedure is that you don't get paid, then you shouldn't get paid.

You didn't get a payment warning last time but the only difference that could possibly have made would have been you deciding to come back to work sooner than a week this time to make sure you didn't take too many days.

The trouble is, if you say that, then you are saying you didn't need to be signed off for a week in the first place this time.

flowerybeanbag Fri 18-Jul-08 14:19:09

Just because there was an administrative mix-up doesn't mean they should pay you if they normally wouldn't I'm afraid.

noogles Fri 18-Jul-08 23:05:52

Thanks for your help fbb,went in today and they have agreed to pay half as they had made an error x

flowerybeanbag Sat 19-Jul-08 14:39:42

Excellent, that's a good compromise

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