Or should I not lose a full day's pay for striking?

[baxterstockman]

We went on strike for a day in November.

I have just had it brought to my attention that I lost a full day's pay for striking, despite the fact I work part time (6 hours per day as opposed to the 7h 30 a full time staff member would work)

I emailed the head of finance who said that 'unfortunately management decided that all staff would lose a full day's pay regardless of their working pattern'.

AIBU to think this is completely unfair - a full day for me is 6 hours!

Whilst it is only a small amount of money that I have lost out on:

a) It is the principle
b) We have to strike for a full day and a half in a few weeks so I will presumably lose out more than other colleagues again.

And yes Grayling is dismantling the CJS as a political priority of the ConDems. There is no evidence whatsoever the TR agenda will save money OR produce fewer victims. It's the need to suck profiteering into the system.

Yadnbu

If you are contracted to be paid hourly, then tehy should deduct however many hours you went on strike for that day.

If you are salaried then they may deduct like this: you work three days a week, that's 156 days a year so they deduct 1/156 of your annual pay for one strike day.

Any deduction over that amount is an illegal deduction of wages.

Can I just offer support to the public sector workers who are being forced into action to be able to provide good, safe services for the public they serve. It is amazing how people complain and point fingers when things go wrong, but don't consider the implications of slashing budgets, giving staff unworkable conditions and taking away pensions that staff have paid into. It is all a mess! Hope you get sorted OP and a thank you from me

You should be deducted a day's pay. For you, a day is 6 hours. If every day is 6 hours you can do the same calculation as everyone else (ie. divide pay by number of working days in a year). If your shift length varies, they need to do an hourly calculation. It's illegal to deduct more than you missed.

Sorry have been out for a while but thanks for the supportive messages. Thanks mycat for the link - will have a look.

It seems pretty clear that finance have messed up, particularly if part time Probation Officers in other Trusts had the correct deduction taken.

Bartman not sure why I am bothering responding as you have obviously made an inflammatory comment and then buggered off, but I sincerely hope that you or somebody close to you do not have the misfortune to be a victim of crime at the hands of someone who hasn't been supervised properly by a private company. It has been fairly well publicised how shockingly bad Serco, G4S, Capita etc have handled other big Ministry of Justice contracts (in some cases defrauding the MoJ of millions of pounds). It is truly frightening to imagine them being responsible for the supervision of hundreds of thousands of serious offenders.

Oh and obviously I am aware that I should not be paid for the hours I was on strike, my issue is only with my employer taking more from me than they should have.

Bartman that has to rank as one of the most stupid, gratuitously inflammatory remarks I've seen on Mumsnet.

I'm public sector too. When I went on strike I was docked 1/5 (one day of a normal week) of my 24hrs. So work have assumed I spread my hrs evenly. On the day in question I actually do 8hrs, so I gained in that I wasn't docked enough .
But 20% of one weeks pay seems to be the easiest way to calculate it and I'm happy with that (and happy to strike again as the penalty wasn't too bad).

Your payroll ought to adopt a similar method.

Major grinch so you thinkk it's fair that they deduct part of her salary from a day she isn't striking and is at work? Because that is what has happened.

I agree with the angle about possible discrimination. Do you have an equalities or diversity group? My trust has a very active one with board representation who would be interested in this.

The TR proposals are a disgrace really. Bloody Tories.

I do wish some posters would RDFT. Ignore them OP - you're absolutely right.

Major grinch so you thinkk it's fair that they deduct part of her salary from a day she isn't striking and is at work? Because that is what has happened.

I'm fairly indifferent TBH, but I was reading the quoted post as saying that any deductions were illegal, which was my mistake...

When Oxford Brookes Staff striked for 2 hours (over their lunch break!) they all lost a day I believe [http://www.oxfordmail.co.uk/news/10960337.Striking_university_academics_have_pay_docked/?ref=nt] as the university "would not accept partial performance of any member of staff." Is there a chance you might be fobbed off with the same reasoning?

My first thought there was discrimination against part time workers which effectively means discrimination against women. Hope you fight this. Good luck.

Good. You deserve it! Shouldn't have gone on strike should you?
You do know that all the health and safety rules in every place in which you have ever had your sorry carcass are due to unions? Your right to a fair contract at work with fair pay is due to a union, some of whom strike and had to strike to get the safety measures in place for the likes of you. Idiot.

I work in payroll for a large organisation, and when someone strikes we only abate the pay for the hours they would normally have worked on that day.
Agree that you should discuss with your union but you should also raise it with your manager
It doesn't need to be an emotive subject: whether or not someone agrees that you should have gone on strike is irrelevant. You have the right to be correctly paid for the hours you work.. not docked an additional 1.5 hours for no apparent reason

Jude - I am not familiar with that case (trade union law wasn't really my area of employment law), but thankfully for the OP I don't think it could apply here anyway. She didn't give partial performance. She gave no performance for a full day of strike, for which she can be legally docked pay. By docking more than a day they are effectively deducting from another day when she performed her contract fully and in accordance with its terms. Also, they docked her more heavily than a full timer for the same behaviour.

I think personally that it's an almighty cock up and hopefully someone will sort it out. It should be a pretty straightforward case to claim the money back (on what we know so far), particularly with union backing.

depends how hours are calculated though - daily, weekly, monthly, annually..... daily should be 6 hours removed... weekly - one fifth/sixth/seventh of those summed hours depending how many days constitute a "week's work" etc....

not always as simple as I worked 6 hours THAT day so I lose 6 hours pay....

Quick update.

I emailed the head of HR direct and she got back to me very quickly saying she would ensure that this was corrected and I would be reimbursed. Apparently she has already contacted all team managers to find out who this affected. No mention of why head of finance told me everyone would be deducted the same hours regardless of working pattern but hey ho.

A small but significant victory!

Hurrah!

:)

Glad to hear it OP.

Thanks - am looking forward to the extra in my pay packet...might stretch to a takeaway.

Great. Glad to hear it was sorted and thanks for updating.

I suspect that finance tried to do it the 'easy' way and HR gave them a bollocking

Enjoy the takeaway!

Good news OP!