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Everything posted by Bigredbus
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Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Having all these elements in hand, you can calculate what both your gross and net wage should be... Do you know to which element of your pay package the deduction is made? -
The EAT remitted your case to an employment tribunal for the purpose of hearing that new evidence (which had not been adduced at the initial hearing)... so, it seems that that evidence may have a significant impact on the outcome of your case and will be heard...
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Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Ok, thanks for the details... So, you are paid overtime for any time worked over and above 11 hours per day... With all this information, you can accurately predict what your wages will be on any given month... Salary and attendance bonus being constant, and overtime being a fix amount, the only factor they seem to be able to vary is the ''stops bonus''... can you actually calculate it? -
Am I entitled to overtime pay?
Bigredbus replied to olive252's topic in Employment and minimum wage problems
Well, I fully understand your point of view, and certainly in this climate of incertitutde as per the job market... However, this is a significant variation of their contractual obligations... Your contract states that you are entitled to overtime payment for any hours worked over and above 35 hours per week, and depending on the day these hours are worked a variable rate is to be applied... You should inform them that you are not refusing to work any overtime hours allocated in advance, but you expect them to keep to their promises to pay for those hours in line with the content of your contract. If they were to decline any overtime payment, then they should review your contract and vary it accordingly with your consent. Such alteration cannot be unilateral... As it stands, there could be an unlawful deduction of wages pursuant to ERA 1996, s. 13(3) -
Hi, So, the EAT remitted your case to the employment Tribunal... Yes, the introduction of new evidence will be heard by a tribunal... and what ''time'' do you mean has expired?
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Work related stress & other issues
Bigredbus replied to yidette44's topic in Employment and minimum wage problems
Hi, So, you are on a fixed-term contract which will terminate in May 2012. When you say that your workplace has a policy that states that employees on a fixed-term contract cannot be off sick... Is there a clause in your contract which states that clearly? -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
So, you can calculate your wages for a given month pretty much accurately. What do you mean by [overtime, we receive once we've worked 11 hours or more]? - What happens if you work between 1 and 10 hours overtime? -
Well, If you transmitted your grievance, let your employer deal with it, and await their reply.
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Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
What constitutes overtime? ... and What are ''stops bonus''? -
Hi, In the end it all boils down to the content of your contract, and what would have been agreed between you and the company you work for... You must go back to your contract and check the clause, or clauses related to the issue at hand.
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Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Right, so the constants are the salary and the attendance bonus... I suppose! -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
How are your wages calculated usually? -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Did you ever try to calculate your own wages and see if anything appears to be missing? -
Does this constitute breach of contract?
Bigredbus replied to blondie's topic in Employment and minimum wage problems
Now, I assume that you are referring to a contractual bonus payment, which you believe would have been due to you... Any clause related to bonuses in your contract? -
Does this constitute breach of contract?
Bigredbus replied to blondie's topic in Employment and minimum wage problems
Tell us one thing, please... What is your aim? You did not have a year continuous service, therefore you would not be able to pursue any legal course of action in terms of unfair dismissal! -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Without giving away detailed information, tell us how you know there are deductions, how you know of the amount deducted each month, and what reason or reasns they are giving you? -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Most certainly... and if there is a change of practice, then it has to be contractually defined... such a clause must be in WRITING... the principal being the reason for such deductions, and the amount MUST be explained! -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
So, a grievance should be raise at that level, and you may want to send a courtesy copy to the head office too... If there are other employees in the same situation you are here describing, then you may want to bring a common grievance to the attention of the franchise owner. ... and to add to the information contained in the previous post... not only should they formally inform you of the amount(s) to be deducted from your wages, but they also must inform you of the reason, or reasons for such a deduction... it is not sufficient to state that the owner is entitled to deduct from your wages under ERA 1996... -
Deductions from pay, unlawful or not?
Bigredbus replied to KBD_1985's topic in Employment and minimum wage problems
Yes, you are absolutely right... you should be informed of any deduction, or deductions to be applied to your next payslip ('pay cheque') in advance and any deduction, or deductions should appear on the payslip... This is cause for concern and you should raise a formal grievance, either one by one, making sure that the object of your grievance is the same throughout the company, or you raise a common grievance. -
harrasment leading to leaving job
Bigredbus replied to littlemissme's topic in Employment and minimum wage problems
Ok, Who holds the originals? -
Does this constitute breach of contract?
Bigredbus replied to blondie's topic in Employment and minimum wage problems
Hi, The answer is in the documents you hold... Try to get an appointment with your nearest CAB... they will be able to tell you if you can obtain redress... -
Am I entitled to overtime pay?
Bigredbus replied to olive252's topic in Employment and minimum wage problems
Did you approach your manager or HR department as per this issue?
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