Salary docked without warning.

[Buncrana]

Hi Guys,

 

I recently had an illness which prevented me from working for almost four weeks.

 

The start of the illness coincided with the Bank Holiday Easter Weekend. As a result of the holidays, I was unable to get a doctors certificate until the Thursday after the weekend, ten days after I first called in.

 

In the meantime I had been in regular contact with my employer, e mails, phone calls, but come pay day I was docked ten days wages without any warning. The first I knrew about it was when I logged into my bank account to pay my bills.

 

I have had a meeting with the manager who made the decision. He couldn't justify the deduction, nor the amount of time I was deducted (salary cut off date was less than the time deducted).

 

My question is, legally, should I have been told of the forthcoming deduction?

 

The meeting was very acrimonious due to the very distinct lack of apology and the threat to put an entry into my staff file, to which I would have no recourse. Future prospective managers would see the entry and make assumptions about me, ie, troublesome. (I'm not, but I do stick up for unfairness at work).

 

If I wanted to see my staff file, would it be a SAR or an FOI request?

 

Any help/suggestions would be very much appreciated

 

Buncrana.

[raydetinu]

What does your contract say about illness and pay?

Speak to Acass, give good phone advice on employment issues, regarding pay deduction and File access.

[Buncrana]

What does your contract say about illness and pay?

Speak to Acass, give good phone advice on employment issues, regarding pay deduction and File access.

 

Hi Raydetinu, I am entitled to sick pay, and I have to provide a self certificate after seven days, but common practise within the company is to fill it in when you return to work.

 

I had a union rep with me at the meeting, and he tore into this manager, but the rep is unsure of the legality of the deduction.

 

I haven't spoken to the rep re the SAR or FOI, as he flew out on holiday after the meeting.

 

Ps, it is a very large organisation I work for, been there more than ten years, if that helps

[lbruk]

Hi,

 

Sick notes are a proof that you are ill in the opinion of your GP. was your original sick note dated from the day you went off or the day that you saw your GP?

[goboy]

Hi,

 

Sick notes are a proof that you are ill in the opinion of your GP. was your original sick note dated from the day you went off or the day that you saw your GP?

 

Firms are looking at ways and have been for the last couple of years of not pay their staff. Do not give them the opportunity to do this if all at possible. It is an employers market now and they certainly know it.

[Buncrana]

Hi,

 

The sicknote was backdated by the doctor from the first day of sickness.

 

The company does operate an SSP scheme. But my main questions are is it legal for him to do this without advising me first, and can I access my staff file using SAR or an FOI?

 

To be honest, my bridges are burned now because of this issue and by me sticking up for myself and confronting this manager. He is not used to anyone standing up to him and considers himself sacrosanct. Once movement starts amongst my grade, I'll be transferring out.

 

Any thoughts folks??

[citizenB]

As already advised, speak to ACAS and see what they have to say. IMHO, I would have thought that you should have been advised that monies were being deducted and the reason for this.

[raydetinu]

please speak to acass, they are good wiyh advice.

Also speak to the HR dept if a large co. and go up the chain to above your line manager if you have a grievance like this.

[postggj]

put in a grievance on why this deduction has occured and why you were never given advance notice of the deduction

 

allow 7 days then state you will put in a claim through the employment tribunal service under section 13 employment rights act, unlawful deduction of wagesif not resolved within a further 7 days

 

unlawful deduction of wages is exempt from the qualifying period for an ET claim

 

if the manager could not justify the deduction at the meeting then why did he not resolve the issue and repay you the back pay

[goboy]

But in a claim that is what my aunt is doing form very good advice she received on here, she took out a grievance and her very large employer is dragging their feet for the time limit to pass so she cannot take it to a tribunal. She wrote to them saying that if the part about salary in the grievance is resolved within a certain amount of time then she will be taking it to a tribunal. When you write to them get a receipt as they will deny getting the letters, they are so sneaky. You can always withdraw the claim if need to be but it will get them to do the correct thing in relation for the employee.

 

They will hold back information that you request under SAR if it is going to damage their company you would not believe what these people get up to, it is an eye opener. So keep receipts of postage everything to them.

[postggj]

as stated you do not need to wait for the results of a grievance or appeal against your employer before submitting an ET1 claim

 

the time limit is three months less one day from the cause of action to put in an ET1 claim

[Buncrana]

Sorry guys, I should have stated that I eventually got the money back, but it took ten days for this to happen.

 

As I said, my main concern is the legality of it happening.

 

Apparently, quite a few went off sick over Easter. This guy decided to take a blanket approach to the sickness rate. He tends to act as a law unto himself, and he does consider himself sacrosanct, not sure why yet.

 

As for going up the chain, it isn't really an option as yet, because his best pal is also the guy who would be dealing with the grievance.

 

The main reason for asking about the SAR, was to see what he had put on my file re this whole issue.

 

Regards,

 

Buncrana