Salary being withheld - Informed by Text!

[NormalWisdom]

My partner has just received a text message from her line manager informing her that her month's pay is being withheld unless she produces a "fit note" by 2pm tomorrow for 3 days of absence.

Her GP has already written to the employer stating it is not a requirement for absences of less than 7 days and not to waste his time with trivialities.

Not a good time of year to be doing this - Is it legal? what can be done immediately (well tomorrow)?

Adding complications to this is that it is her last pay packet from the employer, whilst retaining the same job in the New Year she will be working for a new company the work having being contracted out.

Some guidance would be much appreciated

Thanks = NW

[Siscar]

First stop is to check her employment contract, what does that say?

Sorry, just to add, absent anything in the contract about it they should not withhold payment, equally absent any thing in a contract there is no need for a fit note for three days.

Regardless they can't withhold the whole salary, paying minimum wage is required regardless.

Also to add a fit note is what they are now called replacing the sick note of before. The employer can expect you to fill in a form that is a self certification fit note if less than seven days.

I'd get back in touch and ask for the form since it is less than seven days.

Edited by Siscar on Sunday 22 December 17:03

[NormalWisdom]

She has done the self-cert. The contract makes no reference to anything outside standard Govt. guidelines

[Siscar]

Then absent anyone like Breadvan coming here with professional knowledge to the contrary they don't have a right to do it.

[davepoth]

Especially with the doctor already having written to them to tell them to stop being stupid.

[johnny fotze]

What they've done is wrong. She needs to contact her union, who will use all means necessary to right this wrong. If she's not a union member then she obviously believes she is able to do this herself.

[Rubin215]

Sounds like her line manager is a bit of a wk.

[NormalWisdom]

She is in a union and will certainly be doing that. Salary was due tomorrow and not having it will be painful!

[ferrariF50lover]

A text from a line manager? This is either a late (early) April Fools, or she's not being told the truth. Is it a small firm, local business etc? Could they be fked financially and just unable to pay?

Either way, the employer can't behave in this manner, for about 500 different reasons. Something afoot here, I'll wager.

Simon.

[NormalWisdom]

She works in a School (Catering Manager)

[Gareth79]

I'm pretty sure that they can't withhold the entire month's salary regardless of the situation of the sick days!

https://www.gov.uk/understanding-your-pay/deductio...

[johnny fotze]

NormalWisdom said:

She is in a union and will certainly be doing that. Salary was due tomorrow and not having it will be painful!

Sorry if my answer seemed a little short. Unfortunately far too many people think they don't need a union, only to discover too late that their employer isn't a benevolent philanthropist who pays them because he likes their smile, but is actually a predatory pervert with no qualms about bum raping them as soon as the bean counter says there's a quid up there. Anti union legislation means the union has little chance of stopping this, but will use the law to get your quid back.

Edited by johnny fotze on Sunday 22 December 17:31

[ferrariF50lover]

The link above, posted by Gareth, sums it up pretty well. It sounds as though the school (or perhaps a renegade manager type, trying to get himself noticed) are trying it on.

Whatever you do, don't let it ruin your Christmas. You're owed the money ('you' as a couple) and you will get it, it just might take until the new year.

Simon.

[Countdown]

NormalWisdom said:

She works in a School (Catering Manager)

Is she employed by the School / LA or by an external company who the catering has been outsourced to?

Does she get Occupational Sick Pay or is it just Statutory Sick Pay?

How many days cumulative absence has she had this year?

[NormalWisdom]

Countdown said:

NormalWisdom said:

She works in a School (Catering Manager)

Is she employed by the School / LA or by an external company who the catering has been outsourced to?

Does she get Occupational Sick Pay or is it just Statutory Sick Pay?

How many days cumulative absence has she had this year?

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

[Countdown]

NormalWisdom said:

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

is it an Academy or Free School or is it still controlled by the LA? The reason i ask is that they may have different absence management policies.

[NormalWisdom]

Countdown said:

NormalWisdom said:

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

is it an Academy or Free School or is it still controlled by the LA? The reason i ask is that they may have different absence management policies.

It is an Academy. Absence policy (from 2007!) states nothing contrary to government legislation

[mph1977]

NormalWisdom said:

Countdown said:

NormalWisdom said:

She works in a School (Catering Manager)

Is she employed by the School / LA or by an external company who the catering has been outsourced to?

Does she get Occupational Sick Pay or is it just Statutory Sick Pay?

How many days cumulative absence has she had this year?

New contract starts 1st Jan, employed by the school until 31st December She has had quite a bit of absence (c 25 days) all related to a single well-documented condition

a well documented chronic condition ... even better ... Equality act here we come as chronic health conditions can be covered by the disability provisions of the Act.

[Countdown]

NormalWisdom said:

It is an Academy. Absence policy (from 2007!) states nothing contrary to government legislation

By definition it would be illegal for it to say anything which contravened Government legislation

From my experiences "some" Academies consider the Local Authority Employment T&Cs ()which they inherited) to be quite soft eg. your partner is probably on 6 months full pay 6 months half pay depending on her length of service.

So, to compensate for what some might perceive as a very generous sick leave policy some Academies have put quite strict conditions in place to monitor and try to reduce high absences levels. One such condition would have been to produce sicknotes/fitnotes in accordance with their Absence Management Policy. If the employee doesn't do this then the absence would be regarded as an unauthorized absence and no pay paid only for the days she was off

The above is hypothetical - it's the only situation I can think of where a pay deduction (for her days of absence) might be possible. I can't think of a situation where she would lose a WHOLE month's pay.

has the letter come from the Academy's own HR Dept or has that been outsourced as well? In either case you need to ask them which policy they are making the deduction under. After that your next course of action is the Union Rep (assuming she's a member) and, if this isn't successful, Internal grievance --> Employment Tribunal (if it's a contravention of one of their Policies).

is the Headmaster / Principal the arrogant bolshy type?

[anonymous-user]

Outsourcing usually amounts to a TUPE transfer, so the contract should not change.

A deduction from pay requires prior written consent, and, as noted above, at least minimum wage must be paid.