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Original poster

Being docked pay

7 replies

Woodhen · 06/02/2011 21:04

Not sure if anyone can help with this but thought I would ask.

I work a few hours a week in a national retail chain, in my payslip I have noticed a full shifts wages being taken back. I have been told this is because I failed to clock out on one occasion. Hmm

Is this legal - we have been forced to sign special agreements for the new clocking in/out system so is it possible that I have waived any rights I have. I am receiveing pretty much minimum wage.

OP posts:
Original poster
Woodhen · 06/02/2011 21:05

I should however be docked wages for awfull spelling!! Blush

OP posts:
flowery · 06/02/2011 21:31

What do the 'special agreements' actually say about the issue?

You can't waive your right to minimum wage so if docking you that much pay would take you under NMW that's unlawful.

phatcat · 06/02/2011 21:35

How awful - doesn't sound right to me, but I'm no expert. Can you get hold of a copy of whatever it was you signed & see what it said. Regardless of what it says go to Citizens Advice or see if you can find an employment lawyer who will give you a free half hour. Many lawyers do this. Even if you signed up to it, it might be illegal. If it isn't it should be! Hope you get your money.

Grevling · 07/02/2011 09:52

Its not legal but not illegal. Mainly they want to cause a hassle for you so people remember to clock in / out. They have to pay you for all work done - but they'll argue that becuase you didn't clock out you can't prove you worked the shift (i.e. could have clocked in and gone to the cinema).

Every place I've ever known with a policy like this has always paid up when you ask why it was docked, you'll need to get a line manager to say you were in / forgot to sign out and payroll will pay it.

Original poster
Woodhen · 07/02/2011 10:04

I spoke to a line manager and expressed it was rather harsh - she basically said tough and nothing can be done which made me furious.

The tough thing is I only do a few hours and it is very handy for me so I suppose I have to decide if I want the job more than the shift I wasnt paid for - making a fuss could make my life quite hard at work.

OP posts:
Grevling · 07/02/2011 10:59

There is always something that can be done about it. Are they telling you that you weren't in?

I'd ask them to prove that you weren't in and if they can't raise a grievance against the company and explain you were in.

Do you have anything (ie. a computer/till logon) that can prove you were in at the hours requested?

flowery · 07/02/2011 15:14

It's really important you check exactly what terms and conditions you signed up to with the clocking in system. If it explicitly states you will only be paid for shifts where you clock both on and off, and you signed up to that, that will not help you, although as I've said, although it is possible to agree conditions which involve docking pay for various reasons, if doing so would take you below minimum wage that's something different and isn't allowed.

Are they claiming they have no proof you were there, or are they docking you as punishment for not following the system?

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