My employer refusing to pay me worked hours.

[SubJectioN]

hey CAG, hope you're all doing well!

 

First off I'm in a bit of a pickle just looking for some advice please.

 

I work for a cleaning company inside a retail company; I usually work 7am till 6pm every Saturday. We have a clock in machine that's bio-metric and we're supposed to scan in and out for everything. I clocked in at 7am and out at 6pm but forgot to clock out for my break, it was an honest mistake and it's not that big of a deal; it can easily be amended but the company I work for is refusing to pay me for the whole day.

 

I've spoken with my managers manager and she said she can't do anything, I'm going to lose them.

 

Are they allowed to just refuse to pay me for that whole day? I haven't received any kind of written information stating that incorrect clock ins will result in deducted pay. There's easy proof that I worked all day because I clocked out at 6pm but just forgot to clock for my break.

 

I tried so hard today but my manager refuses to support me and she won't help me try to get those hours paid.

 

Thanks for any advice.

[renegadeimp]

They MUST pay you for every hour worked. They cannot deduct an entire days pay simply because you forgot to clock out for lunch.

 

If they fail to pay, i think theres a government body that you can contact. I very much doubt you are the only person they are doing this to.

[SubJectioN]

They MUST pay you for every hour worked. They cannot deduct an entire days pay simply because you forgot to clock out for lunch.

 

Thank you for your time replying.

 

I'm considering joining UNISON, I think I need to join a union.

 

I keep asking my manager and contacting the company to send me a copy of my contract but all I get is "Yes, I'll send it out", "It must of got lost in the post", lame excuses over and over.

Edited September 21, 2013 by SubJectioN

[renegadeimp]

Yep. DEFINITLEY join a union. They have specific helplines for cases like this.

[renegadeimp]

If they refuse to pay you what you are legally owed, then consider taking legal action. However that would be a last resort.

[SubJectioN]

You're right, it's not just me, it was three people today who've all lost the whole day; it happens quite often and they're refusing to pay us all. A women I work with, all she did was accidentally press the wrong clock in button and shes quite old with bad eyesight and they won't pay her.

 

How are UNISON? Any experience with some good unions?

 

Thanks again.

[renegadeimp]

If its happening often, then you all need to join a union. THe union can put a collective grievance in, and if they still refuse to pay, then legal action can start.

 

I was a rep for unite for over 6 years, but as with all unions, they have their ups and downs. The reason i left was because when TGWU bcame unite, soona fter we were told to pressure people into joining. Thats something i will never do.

[Sidewinder]

Definitely join a union, and definitely put your grievance in writing stating that in the event that pay is not forthcoming you will be forced to consider legal action under the Employment Rights Act - Section 13 relating to unlawful deductions from wages. You have the legal right to be paid for work completed.

 

If the employer has a policy relating to clocking in and out and you fail to do so, then they should instigate disciplinary action via a warning NOT deduct pay.

[Conniff]

Why not go into the office and ask for a copy of your contract while you wait.

 

It matters not what the contract says on this. If it says should you fail to clock out etc you will be deducted the whole day, that is not allowed.

 

As said above, put in a grievance in writing.

 

Do you have your pay chits showing the non payment ?

[SubJectioN]

Why not go into the office and ask for a copy of your contract while you wait.

 

It matters not what the contract says on this. If it says should you fail to clock out etc you will be deducted the whole day, that is not allowed.

 

As said above, put in a grievance in writing.

 

Do you have your pay chits showing the non payment ?

 

Thanks for all the great advice everyone; I spoke to my divisional manager today and she started to get a little irritated when I asked for a copy of my clockin record for the day I incorrectly clocked in and she first completely refused then she said I can look but not have a copy.

 

I said I'm entitled to a copy on paper showing what I got deducted for but am I allowed to request that? Aren't you allowed access to all the information stored about you? Can I request a copy?

 

She's making it really difficult for me. I asked on Monday if I could have a copy of my contract and she said yes I'll have it on Wednesday and today she said she's been busy!

 

Thanks again. I haven't told them about the union yet; I'm joining one on Friday.

[renegadeimp]

Could always put in an LBA. be careful with the unions you join. Some wont do anything until you have paid 12-16 week's membership fee's.

[wobbly]

Could always put in an LBA. be careful with the unions you join. Some wont do anything until you have paid 12-16 week's membership fee's.

Unions wont usually represent workers for things that happened before you join,they have no choice to represent you for problems that arise after you join.Get down to the local Unison office and ask to speak to someone,explain the position and the fact that there are a number of your fellow workers who are prepared to join.They may help.(I am talking from experience as I was a T&G rep and as you probably know T&G and AEU became UNISON.)

[renegadeimp]

When i was a union senior rep, we were told that we could intervene in disciplinaries/disputes, providing that the person agrees to remain a member of the union.

 

You could also see an employment lawyer for the first half hour free. If everything is as you have described, then it would be an open and shut case, and the lawyer would be guaranteed his pay.

[SubJectioN]

When i was a union senior rep, we were told that we could intervene in disciplinaries/disputes, providing that the person agrees to remain a member of the union.

 

You could also see an employment lawyer for the first half hour free. If everything is as you have described, then it would be an open and shut case, and the lawyer would be guaranteed his pay.

 

Thanks for your reply.

 

Yes, seriously my workplace is very different. My manager used to inject steroids into my supervisor; he's a gym addict and they did it in store.

 

Am I legally allowed to ask for the clock in report that proves I missed my break clock-in? Basically at the minute I'm just going off her word that I missed. I asked my divisional manager for a copy and she refused as first and then she said right I'll let you look but you're not having a copy. I was told a few months ago I was allowed to request copies of all information that they have stored on me?

 

Thanks again.

[renegadeimp]

There is way more to this that it first appeared. I would suggest you speak to a union and see if they can get everyone on board. Your workplace doesnt have to recognise the union, but they must take your concerns seriously.

 

If it were me, and im not suggesting you do this, i would go straight to HR, or wages, and simply say, "Pay me for what i worked, or i will be taking legal advice".

[SubJectioN]

There is way more to this that it first appeared. I would suggest you speak to a union and see if they can get everyone on board. Your workplace doesnt have to recognise the union, but they must take your concerns seriously.

 

If it were me, and im not suggesting you do this, i would go straight to HR, or wages, and simply say, "Pay me for what i worked, or i will be taking legal advice".

 

Yeah that's going to be my first step. I asked for a copy of my contract and she said I already have one, which I haven't ever had a copy. I asked her like months ago and she STILL says oh I'll ring them up and get one sent out. Today she said she'll get one sent out but it just seems they're making it so difficult for me to get any kind of documents.

 

I just need to know if I can legally request a copy of my clock in sheet that shows my incorrect clock in? It's a biometric hand machine, the report won't contain any other information about anyone else on it.

 

Oh and my divisional manager said today that I'm also getting a disciplinary!! I've recorded all my recent conversations with her as well.

 

Thanks again.

Edited September 25, 2013 by SubJectioN

[SubJectioN]

I read this in the Data Protection Act.

The Data Protection Act gives you the right to find out what information the government and other organisations stores about you.

 

Write to the organisation and ask for a copy of the information they hold about you. If you do not know who in the organisation to write to, address your letter to the company secretary.

 

The organisation is legally required to provide you with a copy of the information they hold about you if you request it.

 

Is this valid to use in my situation? I really need to know by tomorrow as I'm meeting her tomorrow and I need some grounds to stand on and if she refuses, I'll have it recorded.

 

Thanks again. I apologize for the double post.

[renegadeimp]

Honestley, and this is what i would do. I would stop messing around with them, and issue the LBA. From the info you have given, its obvious they are breaking the law and they know it. Once the LBA lands on their desk, they'll sit up and take notice.

 

If you choose to issue the LBA, you MUST ensure you have the full information for your case.

[SubJectioN]

Honestley, and this is what i would do. I would stop messing around with them, and issue the LBA. From the info you have given, its obvious they are breaking the law and they know it. Once the LBA lands on their desk, they'll sit up and take notice.

 

If you choose to issue the LBA, you MUST ensure you have the full information for your case.

 

I contacted UNISON and it seems that it's not the right union for me as I work for a private company within a retail store that isn't linked to a government body.

 

I looked at USDAW but I'm still a little unsure as to which one, can you recommend any?

 

Thanks again.

[renegadeimp]

Give them all a ring and see what they say.