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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is my employer scamming my pay ?

42 replies

NeneValleyGirl · 30/05/2022 12:29

If I take a half day during the quiet periods when they send people home, it shows on my payslip as having worked 3.45 hours even though I’ve actually worked 4 full hours with no break.

I am only paid for 3.45

I have been working 15 minutes for free on a dozen occasions this year when they’ve sent people home because it’s quiet.

Here’s what HR replied:
“Colleagues are paid on a 7.5 hours basis per day which means that whether a break is taken or not, half days are always 3.45 hours”

Anyone else have experience of this?
I’m contracted 37.5 week on a full time contract with one half hour unpaid break. Paid weekly. Warehousing.

OP posts:
imnottoofussed · 31/05/2022 07:50

Abouttoblow · 30/05/2022 13:16

If a half-day for you is 3.45 hours then you finish 3.45 hours after you start.
I work 9-5 with an hour unpaid break. If I take a half-day, I start at 9 and leave at 12.30.

I'm not sure your calculations are correct either? 9-5 with unpaid half hour lunch = 7.5 hour day, then a half day is 3 hours 45 minutes. So if taking the afternoon off you would finish at 12:45 and if taking the morning off you would start at 1:15.

imnottoofussed · 31/05/2022 07:51

@Abouttoblow sorry noticed you said an hour lunch 🤦‍♀️ it's too early for my brain to function

Branster · 31/05/2022 07:58

3h45min would be 3.75 on the payslip because 45min is 3/4 of an hour 0.75

So that is correct to show on the payslip.

I think the issue is that you are using your unpaid 15min break to work.
Make sure you only work for3h and 45min unless you are feeling particularly generous with your time and absolutely love working for free.

MaximumLeeway · 31/05/2022 08:33

If they are stealing 15 minutes of time from everyone on shift every half day... then that adds up to a fair whack of money OP! This is wage theft.

Either they give everyone the 15m unpaid break or they pay the full 4h. End of story!

NeneValleyGirl · 31/05/2022 12:17

I work 2-10pm

37.5 hours full time shift pattern contract. Paid weekly.

One unpaid break of 30 minutes strictly after 6pm only

A half day is 2-6pm (we are told to work until 6pm without a break)

Payslip says Annual Leave Half Day 3.45 hours

OP posts:
CapMarvel · 31/05/2022 12:20

NeneValleyGirl · 31/05/2022 12:17

I work 2-10pm

37.5 hours full time shift pattern contract. Paid weekly.

One unpaid break of 30 minutes strictly after 6pm only

A half day is 2-6pm (we are told to work until 6pm without a break)

Payslip says Annual Leave Half Day 3.45 hours

You are working 4 hours but only being paid for 3.75 hours.

Either you should be paid 4 hours or you should be finishing 15 minutes earlier. If HR refuse to pay you the extra 15 minutes you start leaving at 5.45.

NeneValleyGirl · 31/05/2022 12:26

You are working 4 hours but only being paid for 3.75 hours.
Either you should be paid 4 hours or you should be finishing 15 minutes earlier. If HR refuse to pay you the extra 15 minutes you start leaving at 5.45

If I clock out before 6pm I will lose 15 minutes pay. Also, our individual shift manager on duty informs us we have to work until 6pm.

OP posts:
Musingsofthemind · 31/05/2022 12:34

Does your contract state the 37.5 hours?

CapMarvel · 31/05/2022 12:40

NeneValleyGirl · 31/05/2022 12:26

You are working 4 hours but only being paid for 3.75 hours.
Either you should be paid 4 hours or you should be finishing 15 minutes earlier. If HR refuse to pay you the extra 15 minutes you start leaving at 5.45

If I clock out before 6pm I will lose 15 minutes pay. Also, our individual shift manager on duty informs us we have to work until 6pm.

Surely if you clock out at 5.45 you have then been clocked in for the 3.75/3.45 hours you've actually worked, and that would be right?

Or does it dock you 15 minutes off the 3.75? If it does that then just go and get a cup of tea for 15 minutes and clock off on time.

ChessieFL · 31/05/2022 14:37

Why does it say annual leave on the payslip? Are they actually making you take annual leave when they send you home early? Even then it should still be paid so calling it annual leave makes no sense.

EarringsandLipstick · 31/05/2022 19:53

If it's annual leave, there's no docking of pay though? It's just leave.

Reading your OP, it was when they send you home early, due to no work.

So the question really is:

  • are you meant to be paid when being sent home early?
If yes, you just get paid usual rate. If no, this can't be correct if you have a contract for 37.5 hours. If you are due to work that, and can't due to their decision, you must be paid.
  • if it is written in your contract that you have to take annual leave when no work, then again, you'll just get paid full wage.

So it's not about breaks. It's about what's in your contract & the basis for these early finishes.

startfresh · 31/05/2022 20:25

NeneValleyGirl · 31/05/2022 12:17

I work 2-10pm

37.5 hours full time shift pattern contract. Paid weekly.

One unpaid break of 30 minutes strictly after 6pm only

A half day is 2-6pm (we are told to work until 6pm without a break)

Payslip says Annual Leave Half Day 3.45 hours

@NeneValleyGirl

If your payslip is 3.45 x pay, you're being paid less than 3 and a half hours.

Please ensure you check they are actually paying you for the 3hr45 (3.75 x pay) and not multiplying your pay by 3.45.

I understand what people are saying about 45 mins etc. but they're not seeming to understand is that if it's put into a calculator as 3.45, you're getting underpaid even more as they're not multiplying by your actual hours, they're multiplying by 3 and 45/100 of an hour. Whether it means 3 hours and 45 mins or not, the calculator isn't going to know that!

Comefromaway · 31/05/2022 21:04

I understand your system and it’s wrong.

you have a few choices

refuse to go home early
insist that on the days you leave early you take a 15 min break before 6pm
raise a formal grievance for being underpaid 15 mins (if you are on minimum wage they would be breaking the law(

EarringsandLipstick · 31/05/2022 21:20

If your payslip is 3.45 x pay, you're being paid less than 3 and a half hours.

I would be amazed if this was happening.

It's how OP is writing it. An employer is really unlikely to be doing that.

SnackSizeRaisin · 31/05/2022 21:37

EarringsandLipstick · 31/05/2022 21:20

If your payslip is 3.45 x pay, you're being paid less than 3 and a half hours.

I would be amazed if this was happening.

It's how OP is writing it. An employer is really unlikely to be doing that.

My partner's employer does this. Big national company. Heavily unionised. You would be surprised what else they get away with too. (Some examples: refusal to pay shared parental leave, refusal to pay time off in lieu for bank holidays, refusal to pay correct amount of averaged overtime for holiday pay. Every single thing is a battle involving union rep that takes months. Many employees simply don't bother).

Aprilx · 01/06/2022 08:48

EarringsandLipstick · 30/05/2022 13:45

I think everyone is getting this wrong!

You are pays for 3 hours 45 minutes, the 15 minute break is unpaid.

If you take a half day, HR are correct - you get paid 3 hours 45 minutes, not 4 hours, if the above is correct.

However you've confused me as you are saying you have worked 4 hours without a break. That seems like a separate issue - but if so, you should take your break.

Back the original point, generally lunch breaks are unpaid, and tea breaks are paid but this depends on contractual arrangements.

And as to if you are contracted to work 37.5 hours, that's what you should be paid. Of course.

But if it's 'my working hours are 9 - 530 - ie 8.5 hours' then you don't get paid 42.5 hours, you get that less unpaid breaks, ie typically 37.5 hours.

So it may be that HR are correct but it hadn't been well communicated.

Nobody is getting it wrong!

The issue (well one of the issues) is that they are working four hours, no break but only being paid for 3hr 45. We all know breaks do not need to be paid, but OP isn’t getting a break on half days.

KatherineJaneway · 01/06/2022 13:38

Not rtft, on my time sheet, 0.45 represents 75 mins.

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