Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Unfair deduction

Employment and Discrimination Law

Re: Unfair deduction

Postby atticus » Wed Dec 13, 2017 9:08 am

There are also the cases about employees who have to be at premises such as care homes "on call" to deal with situations should they arise.
atticus - a very stable genius
User avatar
atticus
 
Posts: 20102
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Unfair deduction

Postby Hairyloon » Wed Dec 13, 2017 9:28 am

There are, but it doesn't help us much if you don't tell us anything about them.
Presumably the questions have been tested: must they be paid for being on call, and if so, must it be minimum wage?
Seems unfair on the employee if they are not paid, but unfair on the employer if they must be paid minimum wage...
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10203
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Unfair deduction

Postby eritrite » Wed Dec 13, 2017 9:41 am

What do you mean here by "Group chat"?
We had a so called work group chat(Whatsapp), where all the employees and management were posting messages about work, from basic duties, to what should be ordered etc. it was the main communication method at work
eritrite
 
Posts: 8
Joined: Tue Dec 12, 2017 12:10 pm

Re: Unfair deduction

Postby diy » Wed Dec 13, 2017 9:54 am

Can these messages be saved or screen shots taken?
My suggestions are not legal advice
User avatar
diy
 
Posts: 2636
Joined: Fri Nov 02, 2012 10:06 pm

Re: Unfair deduction

Postby atticus » Wed Dec 13, 2017 10:04 am

workers on call - some reading matter.

the question to be determined is whether the individual is obliged to be present and remain available at a place to be determined by the employer. It did not matter that that place was not the workplace and it was not necessary for there to be a form of near confinement to one specific location. The important factor was the fact that the employer was specifying the location and that there was a lack of freedom to be anywhere else.


why does hairy suggest that it is unfair on the employer who specifies that the worker must be at that location during those hours to have to pay that worker for that time?
atticus - a very stable genius
User avatar
atticus
 
Posts: 20102
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Unfair deduction

Postby eritrite » Wed Dec 13, 2017 10:19 am

diy wrote:Can these messages be saved or screen shots taken?

Yes, I have downloaded them in .txt format they include date exact hour an number they were sent from. I have had a meeting with the university lawyer concerning the problem described in the threat, they can be attached to the evidence presented in court.
eritrite
 
Posts: 8
Joined: Tue Dec 12, 2017 12:10 pm

Re: Unfair deduction

Postby atticus » Wed Dec 13, 2017 10:21 am

Good luck. I hope that the lawyer gives you good advice.
atticus - a very stable genius
User avatar
atticus
 
Posts: 20102
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Unfair deduction

Postby Hairyloon » Wed Dec 13, 2017 10:51 am

atticus wrote:workers on call - some reading matter.

the question to be determined is whether the individual is obliged to be present and remain available at a place to be determined by the employer. It did not matter that that place was not the workplace and it was not necessary for there to be a form of near confinement to one specific location. The important factor was the fact that the employer was specifying the location and that there was a lack of freedom to be anywhere else.


why does hairy suggest that it is unfair on the employer who specifies that the worker must be at that location during those hours to have to pay that worker for that time?

That is not what I said, but why do you call them a worker when they are not working?
If the employer has to pay them a work rate, then the employer can reasonably expect them to work. If they are free to pass their time in any way they choose, then a lower rate seems fair.

If you want to explore these issues further, we should take it to another thread.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10203
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Unfair deduction

Postby diy » Wed Dec 13, 2017 1:24 pm

I don't think Atticus meant "worker" in the sense that they were "working productively". I think he meant https://www.gov.uk/employment-status/worker Besides its clear enough here:
https://www.gov.uk/minimum-wage-different-types-work

If you work on the checkout at a 24/7 convenience store for an 8 hour shift but get 0 customers midnight to 2 AM then you are effectively "standing around", that is your employer's choice and bad management for not giving you other tasks to do. Its not fair to be off hours just because nobody visits the store.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2636
Joined: Fri Nov 02, 2012 10:06 pm

Re: Unfair deduction

Postby atticus » Wed Dec 13, 2017 2:17 pm

Yes. Worker has a particular meaning in employment law. Those who claim knowledge of employment law will understand that.

Employment Rights Act 1996, s230.
atticus - a very stable genius
User avatar
atticus
 
Posts: 20102
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

PreviousNext

Return to Employment

Who is online

Users browsing this forum: No registered users and 2 guests

cron