Underpaid wages, where do we stand?
- Thread starter brightside229
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Soldato
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Unfortunately this is how it appears.
She took unpaid leave.
They didn't pay her for it.
She thought it was paid leave, it wasn't.
Unless she has something in writing to state it should have been paid leave, she will have trouble making them pay for work she didn't do.
Soldato
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But if unpaid leave had been agreed by company, would they not have something in writing?
If she simply did not turn up for her normal shifts, would she not have received a written letter regarding an unauthorised absence?
Was the employer affected by the minimum hourly wage increase of 50p at the start of of this new tax year and are they suddenly being ruthless with voiding untaken leave from the previous year that goes above the permitted level (as a way of reducing costs)?
If she simply did not turn up for her normal shifts, would she not have received a written letter regarding an unauthorised absence?
Was the employer affected by the minimum hourly wage increase of 50p at the start of of this new tax year and are they suddenly being ruthless with voiding untaken leave from the previous year that goes above the permitted level (as a way of reducing costs)?
Soldato
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It IS a deduction! If someone works 120 hours in a month and they book a weeks annual leave, they will be paid 120 hours. If, after the fact, you are subsequently only paid 90 hours, then you have been deducted 30 hours pay! The justification that they have deemed it unpaid leave also doesn't hold water, as unpaid leave has to be agreed by both parties, which it clearly was not.
It is quite clear you don't understand what a 'deduction' is in this context.
See below, if she's waged then she's just been paid for hours worked and accrued holiday the rest is simply unpaid - no one has 'deducted' anything from the pay though apparently there has been some mistake by someone re: how much holiday she had left.
See below, if she's waged then she's just been paid for hours worked and accrued holiday the rest is simply unpaid - no one has 'deducted' anything from the pay though apparently there has been some mistake by someone re: how much holiday she had left.
this covers deductions:
https://www.gov.uk/understanding-your-pay/deductions-from-your-pay
a rather separate matter to not working as many shifts as usual and/or taking unpaid leave
https://www.gov.uk/understanding-your-pay/deductions-from-your-pay
a rather separate matter to not working as many shifts as usual and/or taking unpaid leave
Not in the UK after your first year.
It doesn't matter, she's been paid for all hours worked, given all legal holidays, the employer owes nothing.
If they had not noticed and paid her holiday pay, they would have over paid her, and that is clearly deductible.
They could have waived the deduction, or spread it, they sadly cannot shift the holiday entitlement because of UK laws - thank god we're protected - but they haven't done what they could, only what have have to do.
Suck it up or move on.
Except she hasn't been paid for her contractual hours. It is the company's fault she wasn't at work for those hours. Not hers.
Does she not get a payslip?
Mine state how much holiday I'm entitled to and how much I have left to take.
Also holiday pay is recorded separately on the payslip and not all lumped in together. E.g I work 39 hours a week but have 10 hours holiday then it will be listed as 29 hours basic hours and 10 hours holiday.
Mine state how much holiday I'm entitled to and how much I have left to take.
Also holiday pay is recorded separately on the payslip and not all lumped in together. E.g I work 39 hours a week but have 10 hours holiday then it will be listed as 29 hours basic hours and 10 hours holiday.
Soldato
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She DID NOT take unpaid leave! Unpaid leave needs to be agreed by both parties, which was clearly not the case here! Therefore it is very much a deduction!
According to that link, she should have been paid her full contractual pay, and then any overpayment deducted at a rate of 10% gross until overpayment was repaid.
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Yes she did
Not sure where you get that from, there's nothing in legislation that covers the details of an employee taking unpaid leave, outside the statutory obligations of extended Maternity/Paternity/Adoption leave, family emergencies etc It is just down to the individual company how they deal with it.
No it isn't. Your assertion she has to be paid her contractual hours (irrespective of circumstances) is incorrect, she has to work all her contractual hours to be paid for them (or have them covered by holiday entitlement)
That is talking about if an error has occurred, they didn't make the error in overpaying her in the first place, ergo : no deduction was required
£700 for only 30 hours...and was expecting £900
£700 = £23.33 per hour
£900 = £30.00 per hour
Wish I got that..
Or is she paid monthly
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Soldato
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Clearly monthly pay lol.
yes he could mean that was her monthly wage.I think youre misreading... Unless rates in supermarkets have gone up a lot since I was on 6 odd quid an hour
But then she could be a supervisor or manager oe something..(Which I have no idea how much they get paid)
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