Fine from work for being ill/loss of work

[Swollock]

My girlfriend works for a care agency, and recently she was off sick for one day.

 

She followed correct company procedure, but now they are claiming she didn't, and have taken £100 out of her week wage because she missed five clients.

 

The company don't charge the service users £20 per hour and they were able to find cover for the hours she wasn't able to work.

 

Now she is under investigation.

 

Is any of this fair or is there something a miss here?

 

I will try and provide as much information as you require; I hope you are able to help.

[Emmzzi]

to start with the basics

 

what did she do when she realised she would be unable to work, and when

 

and, how is she paid? per call, per day, something else?

 

were her wages short as welll as the "fine"?

[Swollock]

She rung the evening before, she wasn't working that day but could feel 'a cold coming' per say.

 

She is paid per hour she works - she has a client list and the times she needs to be there for the week. She get this every week and gets paid every Friday for the hours she works.

 

Her wages were short yes,

Her payslip says:

Total Gross: 1 £133

Missing Client Visit: 5 -20 -£100

 

So her take home was £33

 

(gave figures so you understood)

[Swollock]

She was told the day after she was sick that she was going to be 'fined'

 

Her employer used the work 'fine'

[Emmzzi]

does her contract say she can be fined

 

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/rights_to_pay.htm#Isanemployerentitledtomakedeductionsfrom

 

if the fine takes her below minimum wage for the week/ hours worked that is also illegal

[Swollock]

It does take her below the minimum wage

 

and all it says in her contract is

 

"You agree that the employer may deduct from your wages any amount properly due to the employer in respect of any indebtedness to the employer however that dept has arisen"

 

but they haven't lost any money because they didn't pay her for the day that she didn't work, and they had cover for that day.

[Emmzzi]

so that sounds like she should show them the legislation and ask for the money back. I'd be looking for a new job though!

[stu007]

Hi

 

I think you may need to write (always get proof of posting) and request a copy of the sickness policy and procedure to see what that states in it also.

 

This is from the ACAS Website: http://www.acas.org.uk/index.aspx?articleid=1489

 

When can I make deductions from wages?

 

One of three conditions has to be met for you to lawfully make deductions from wages or take payments from a worker. The deduction or payment must be:

• required or authorised by legislation (for example, income tax or national insurance deductions); or
  
• authorised by the worker's contract - provided the worker has been given a written copy of the relevant terms or a written explanation of them before it is made; or
  
• consented to by the worker in writing before it is made.
  

There are exemptions from these conditions which allow you to recover, for example, an earlier overpayment of wages or expenses to a worker.

Edited January 4, 2013 by stu007

[Swollock]

Ah thanks for the help guys!

[Atlas01]

This sounds like unlawful deductions from wages to me, even if there is term i deem it to be illegal when applied in this manner but i'm not a judge nor a solicitor, it's not as if they pay her or her workmates £20 per client is it.

[assisted blonde]

Just a thought but could be read another way that as she didnt do that days work she is not being paid for it as she dosnt get sick pay? fine may have been the wrong word to use by the employer but if she is paid per call then if she didnt do them someone else would have been paid to do them.

[transient]

so that sounds like she should show them the legislation and ask for the money back. I'd be looking for a new job though!

Totally agree, this is rife in the care sector whereby they pay them by the hour, however a 10 hour day would consist of 5 hours payment because they dont pay the travelling time between clients. Had an ex girlfriend work for a franchise like this and it was horrendous the way they treat people/staff. These companies are akin to the old gangmasters in terms of the way they found one reason or another to make unlawful deductions