Clocking in confusion
I have to clock in at work using a swipe card. If I clock in at 8.45am I will not get paid until 9am, because that is when my contract states I start work. If I clock in at one minute past 9am, I get docked 15mins, but if I clock out at 1 minute to, I still get docked 15mins, they round everything up or down to the nearest 15mins. Are they 'legally' allowed to do this, as it says nothing in anyone's contract that this is the procedure that they use.
lir21
If your contract says you work (say) 9 - 5 and are not entitled to overtime (unless by agreement), then realistically it is fair as a matter of contract for them not to pay you for any time spent working prior to 9am.
The 15 minutes off issue is a bit more tricky. How long have they been doing this? Even if it is not contractual, has there been a general memo or something setting out the procedure? There is a risk that if it has been going on for some time, you may be deemed to have 'accepted' the process.
You may have a deduction from wages argument - i.e. you have never signed up to this and therefore it is unlawful for them to dock 15 minutes from your wages when you have only clocked out a minute or two early. I think that is your best option in legal terms.
Is there a union at your workplace? If so, I would definitely seek to get them involved, therefore taking out the personal 'sting' of being the individual raising the issue with management. If there's no union, is there any prospect of you getting together with some colleagues to raise a collective grievance?
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