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"Making time back"


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Hi everyone

 

Apologies for starting a new thread on my first outing to the forum, but I would really appreciate some sound (and hopefully steeped in legal) advice for a problem I'm having at work. First a little background:

 

I'm a temporary contractor working for a large financial organisation in the UK. I've worked at the same company since July last year. All workers in my field (temporary and permanent) have to log in to two systems; one a stand-alone system, the other software on the computer. Unfortunately, the two systems aren't married up in any way, meaning if we forget to log in to the stand-alone, we accrue time that has to be paid back to the employer, even though there is other evidentiary proof we were sat at our desks working; for instance, time and date logs on cases we work, the computer software package we also have to log in on (late logging on this system carries no penalties).

 

Today I received notification that I accrued nearly two hours in January for logging in late to the stand-alone system. Without going to check for cases I had worked that day, or having access to the computer software system, I cannot prove it. During the course of the day, I had a 'running conversation' with my manager, who informed me that 'the system has never had any reports of errors before'. My reply that I have a history of logging onto both systems successfully each day was ignored, as was the suggestion that the agency I'm contracted with didn't send an email notifying me that I had flagged on the report (this is part of the notification process that other employees have received at times).

 

I'm contracted to work for 35 hours per week, which I have never been late for, and never returned late from breaks/lunches more than a minute. I am supposed to make the time after work this week. If there is sufficient other evidence that I've logged in on time to work my contracted hours, in the hours set, can my employer legally demand I work outside of these hours for no pay?

 

Pretty long winded, but hope you can follow it (and advise!)

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Is there a mention of this requirement in a contract? Would it state specifically for example that a failure to log in will cause you to have not registered as being present?

 

I would see this as being a similar situation to retail staff who are required to clock in and clock out, and the clocking machine has the final say - no record = no pay for that session, irrespective of whether there is corroborative evidence to prove you were actually there.

 

Irrespective of all this, how much do you value your position? Is it likely that a refusal to 'make up' the time will cause the employer to no longer be willing to have you on the premises?

 

Not trying to be flippant - rights are all well and good, and standing up for them is often essential, but where this might result in a short term win but a long-term inconvenience, it is sometimes better to suck it up and get on with it - even if you do so whilst making your feelings known appropriately..

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I have to say that for the sake of 2 hours I think I'd want to keep the harmony at work. I doubt you'll log in late again.

 

I agree you shouldn't have to but some battles aren't worth the aggravation.

 

Sorry if this isn't what you wanted to hear.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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