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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is this legal? Salary deductions

20 replies

BrickSwan · 17/06/2025 05:49

Care home work. Management have said that if you leave even seconds before your shift scheduled end, your wages will be docked by 20 minutes.
I calculated and this takes salaries to below NMW because we're only paid 4p an hour above min wage to start with. It works out as 11 something an hour with the 20 minutes docked.

Also, if you have to stay later which happens 99% of the time you are never paid for it. I pretty much always get out 5 or 10 mins late, asked if we could be paid for this and was told no.

OP posts:
WicketWoo · 17/06/2025 06:13

paying under NMW is not legal. You can report the company to HMRC anonymously and they will investigate.

Fridgemanageress · 17/06/2025 06:15

Leave on time - not a minute early or a minute late.

BrickSwan · 17/06/2025 06:27

Fridgemanageress · 17/06/2025 06:15

Leave on time - not a minute early or a minute late.

As I said we dont have a choice about leaving late sometimes. We are told we've got to finish xyz. However they're happy for staff to stay late but won't ever allow leaving 30 seconds early the following shift to make up for it..

OP posts:
FamilyPhoto · 17/06/2025 06:27

Fridgemanageress · 17/06/2025 06:15

Leave on time - not a minute early or a minute late.

Easier said than done in care. Not leaving early is doable but if you are dealing with a service user you can't just trot off and leave them. Last place I worked in the UK you had to wait until handover had been given to the next shift.

BrickSwan · 17/06/2025 06:28

In a previous care home I was expected to arrive at 7:45 every shift for handover but only ever paid from 8..

OP posts:
dogcatkitten · 17/06/2025 06:31

Was always the way in nursing, the changeover is just what's expected in the job.

BrickSwan · 17/06/2025 06:34

dogcatkitten · 17/06/2025 06:31

Was always the way in nursing, the changeover is just what's expected in the job.

It's because people just accept it, it's not right though.

OP posts:
FamilyPhoto · 17/06/2025 06:34

BrickSwan · 17/06/2025 06:28

In a previous care home I was expected to arrive at 7:45 every shift for handover but only ever paid from 8..

Yes, same here.
On nights so regularly couldn't leave until 8:20 ish.
ƁUT I was on £1.50 over minimum wage so it never took me below NMW.

StandFirm · 17/06/2025 07:21

That doesn't sound right at all but if the posters saying it's just the way it is are right, this would go a long way towards explaining why there's such a staffing shortfall in the sector.

x2boys · 17/06/2025 07:34

BrickSwan · 17/06/2025 05:49

Care home work. Management have said that if you leave even seconds before your shift scheduled end, your wages will be docked by 20 minutes.
I calculated and this takes salaries to below NMW because we're only paid 4p an hour above min wage to start with. It works out as 11 something an hour with the 20 minutes docked.

Also, if you have to stay later which happens 99% of the time you are never paid for it. I pretty much always get out 5 or 10 mins late, asked if we could be paid for this and was told no.

Do you get the time back ?
I used ti be a nurse even in hospitals it's common for staff to stay over at the endmof shift for various reasons we didn't get paid but got.Time owing .

AhTheFuckening · 17/06/2025 07:38

I think the problem is that you're expected to work extra time beyond your shift, not that you can't leave 30 seconds early on your next shift.

BrickSwan · 17/06/2025 07:44

Yeah, no TOIL or anything like that sadly. Just think they have a cheek.

OP posts:
Hoogey · 17/06/2025 07:56

BrickSwan · 17/06/2025 06:27

As I said we dont have a choice about leaving late sometimes. We are told we've got to finish xyz. However they're happy for staff to stay late but won't ever allow leaving 30 seconds early the following shift to make up for it..

You or one other person needs to get loud. Tell them it works both ways and have an alarm clock to signal home time

Mrsttcno1 · 17/06/2025 07:59

Is this in your contract OP?

LakieLady · 17/06/2025 08:00

StandFirm · 17/06/2025 07:21

That doesn't sound right at all but if the posters saying it's just the way it is are right, this would go a long way towards explaining why there's such a staffing shortfall in the sector.

Care workers are treated appallingly imo: low pay, unsocial hours, challenging working conditions, and lots of responsibility.

A friend does it because she loves the work and for her it really is a vocation, but I don't know how most of them stick it.

BobBobBobbing · 17/06/2025 08:01

The HMRC team can investigate this if it possibly takes you below NMW. https://www.tax.service.gov.uk/digital-forms/open/form/pay-and-work-rights-complaint/draft/start#1

You can report anonymously, but they are more likely to investigate if you give them details.

Pay and work rights complaint - Digital Forms Service - GOV.UK

https://www.tax.service.gov.uk/digital-forms/open/form/pay-and-work-rights-complaint/draft/start#1

Clychaugog · 17/06/2025 08:03

That does not sound legal. It is illegal to make any dedution that takes a worker below national minimum wage, or to not pay overtime/offer TOIL if it means the worker is being paid less than national minimum wage for the total hours they work.

Report it to HMRC

BrickSwan · 17/06/2025 08:03

Thanks for the advice, no it's not written in the contract anywhere it was just sent out as a message to all staff. I'll report to hmrc.

OP posts:
Rememberwhatthedoorknobsaid · 17/06/2025 08:09

Report them. Even if it is to make yourself feel better. Care work is hard enough without having an employer who is unsupportive and exploitative.

ExtraOnions · 17/06/2025 08:09

Report them for making you turn up 15 minutes early for an unpaid handover as well.

This was on the TUC site:

If your employer expects you to be on the premises every day 15 minutes early, this is likely to be working time for which you should be paid. Not paying you may be an unlawful deduction of wages.
If failing to pay you for the extra 15 minutes means that your average basic hourly pay during your ‘pay reference period’ falls below the National Minimum Wage, your employer may also breach minimum wage laws. Your pay reference period is based on the pay arrangements where you work. It will be a day if you are paid daily, a week if you are paid weekly and a month if you are paid monthly.

From what you have said I assume this takes you under NMW.

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