Unpaid shift for misconduct

[Birdboyuk]

Hi, I work for a company that uses an electronic swipe box for employees to clock in and out at the start and end of their shifts. Failure to clock in and out correctly falls under misconduct, i.e. Not registering at the correct time of starting and leaving, forgetting to clock in or out or forgetting all together. Recently we have come under a lot of pressure to ensure that 90% of the clock ins and outs are accurate; so we are there when the staffing system thinks we should be.

 

As a result of this the management team have implemented a one strike policy; if you forget to clock in or out you will be given a warning and if happens a second time the entire shift will be unpaid. No where in the misconduct or even gross misconduct policy does it state non payment for a shift can be used as a punishment. I was wondering if they have any legal power to implement this policy seeing as a workers rights to pay seem to be pretty clear cut:

 

adviceguide.org.uk/england/work_e/work_rights_at_work_e/rights_to_pay.htm

 

I understand that if I am late they have no obligation to pay me for the time I was not there, but the entire shift seems disproportionate. Any advice or insight on this would be greatly appreciated.

[honeybee13]

Hello and welcome to CAG. This sounds harsh to me as well, I hope we can help you.

 

The forum guys should be along later, as and when their day jobs permit.

 

My best, HB

[Conniff]

Gosh, it's so hard to make complaints about employers, they might give you the push. We were always deducted back to the nearest quarter of an hour.

 

 

I think what you are describing would come under 'unfair deductions'. How do they show these deductions on your pay slip?

 

 

Your employer isn’t allowed to make deductions unless:

 

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
  
• you agree in writing
  
• your contract says they can
  
• there’s a statutory payment due to a public authority
  
• you haven’t worked due to taking part in a strike or industrial action
  
• there’s been an earlier overpayment of wages or expenses
  
• it’s a result of a court order
  

A deduction can’t reduce your pay below the National Minimum Wage rate, even if you’ve agreed to it.

 

 

https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

[Birdboyuk]

Thanks for your reply, I certainly have a few legitimate topics of discussion I can take back to work with me.

 

So far this hasn't happened, but I would imagine it would go through with a LATE code as this is the only way the staffing system would allow it to be entered; this could be justified with the argument that I have no evidence of my start or finish time as I didn't clock correctly. I need to check my contract to see if this is allowed but as far as I am aware this should be a misconduct matter as it is stated in the misconduct policy and should be settled in accordance with that policy, not with renegade pay sanctions.

 

Thanks again

[Conniff]

Are you saying your work alone? surely there are workmates can vouch that you did turn up and do a days work albeit maybe a bit late.

Is there not a boss or line manager with you?

[smokejumper]

I wonder if it comes under one of the sanctions for gross misconduct, where reduction in wages can be one penalty along with reduction in rank etc.etc.

[Sidewinder]

I wonder if it comes under one of the sanctions for gross misconduct, where reduction in wages can be one penalty along with reduction in rank etc.etc.

 

Those sanctions are only available if expressly referred to in the contract - demotion and/or loss of salary and benefits can only be agreed to by contract.

 

In the OP's case, the employer could only withhold wages after failing to clock in/out IF this is expressly permitted and agreed to by the employee as a contractual clause. If the contract is silent and the fact that the employee was at work for the entire shift (witness evidence, CCTV etc) then the employer cannot deduct wages lawfully.

 

What the employer can do is to invoke disciplinary action for failing to clock in or out, and to issue warning/final warning and ultimately dismiss. It would probably still need the requirement listed specifically in the contract/Handbook though, unless it could be covered by the catch-all 'failure to carry out reasonable instructions' clause.

[steampowered]

You may refer to the relevant legislation at http://www.legislation.gov.uk/ukpga/1996/18/section/13. It is self-explanatory.

 

Although it sounds like this policy is unlawful and could easily be challenged if the conditions mentioned in the legislation for wage deductions are not met, it is better just to make sure you use the clocking system correctly. I can't think of a good excuse for failing to clock-in and clock-out properly. A 90% accuracy target sounds generous to me.