One for the Legal Experts
Discussion
If I've just survived a round of redundancies, with my job role being listed on the proposed department structure, how safe can I consider my job?
Is there a minimum term I should be exempt from any furture 'restructures'?
I ask because for the last 6 years, due to various changes within the business, I've been at risk. It's almost as if I'm working a short term (rolling) contract for long term wages.
Is there a minimum term I should be exempt from any furture 'restructures'?
I ask because for the last 6 years, due to various changes within the business, I've been at risk. It's almost as if I'm working a short term (rolling) contract for long term wages.
I'm sure it will simply say 'to be paid monthly' as I was Tupe'd across to the current company, and the previous had no such policy.
No new contract was signed.
As a 9-5 Monday to Friday 'professional' on a salary, I find it hard to believe any business can get away with thinking they can deduct payment (circa £1000) because one weeks time sheet was one day late.
No new contract was signed.
As a 9-5 Monday to Friday 'professional' on a salary, I find it hard to believe any business can get away with thinking they can deduct payment (circa £1000) because one weeks time sheet was one day late.
THX said:
Nah it wasn't like that.
Their policy is, if you don't fill in a timesheet for the day within 7 days, you're facing a penalty. Has nothing to do with hitting the pay run, which I could understand.
A penalty? Mentioned in your contract? If not, well, you can imagine the enforceability of that. Depends on if you want to rock the boat and are willing to lose the job though. Do you have a Union?Their policy is, if you don't fill in a timesheet for the day within 7 days, you're facing a penalty. Has nothing to do with hitting the pay run, which I could understand.
Cyberprog said:
THX said:
Nah it wasn't like that.
Their policy is, if you don't fill in a timesheet for the day within 7 days, you're facing a penalty. Has nothing to do with hitting the pay run, which I could understand.
A penalty? Mentioned in your contract? If not, well, you can imagine the enforceability of that. Depends on if you want to rock the boat and are willing to lose the job though. Do you have a Union?Their policy is, if you don't fill in a timesheet for the day within 7 days, you're facing a penalty. Has nothing to do with hitting the pay run, which I could understand.
The company is based in India. I presume their employment laws are slightly different (the 'policy' is company wide).
I've read similar tales on here, and it would seem the 'nuclear' option would be to take them to court for constructive dismissal. Obviously this entails losing the job, Ha. But what would be gained from taking an ex employer to court for that? I'm not much interested in anything silly like personal satisfaction, or whatever.
There have been stories of the company disavowing all knowledge of a leavers employment when asked for a reference. Leavers outstanding holidays not being paid, and other general employment naughtiness.
It's all very odd.
THX said:
Nope, no union.
The company is based in India. I presume their employment laws are slightly different (the 'policy' is company wide).
I've read similar tales on here, and it would seem the 'nuclear' option would be to take them to court for constructive dismissal. Obviously this entails losing the job, Ha. But what would be gained from taking an ex employer to court for that? I'm not much interested in anything silly like personal satisfaction, or whatever.
There have been stories of the company disavowing all knowledge of a leavers employment when asked for a reference. Leavers outstanding holidays not being paid, and other general employment naughtiness.
It's all very odd.
Well presumably with that in mind you'd ensure you got a new job lined up that relied upon a personal reference, used up your holidays, and then wound up suing them. Not a happy outcome whatever happens. What exactly *is* the penalty? Do they just not pay you for the hours? This might be a breach of the NMW legislation...The company is based in India. I presume their employment laws are slightly different (the 'policy' is company wide).
I've read similar tales on here, and it would seem the 'nuclear' option would be to take them to court for constructive dismissal. Obviously this entails losing the job, Ha. But what would be gained from taking an ex employer to court for that? I'm not much interested in anything silly like personal satisfaction, or whatever.
There have been stories of the company disavowing all knowledge of a leavers employment when asked for a reference. Leavers outstanding holidays not being paid, and other general employment naughtiness.
It's all very odd.
THX said:
Nope, no union.
The company is based in India. I presume their employment laws are slightly different (the 'policy' is company wide).
Breadvan clarified this for someone the other day, you're employer still have to abid by the employment laws of the country you work in, see here http://www.pistonheads.com/gassing/topic.asp?h=0&a...The company is based in India. I presume their employment laws are slightly different (the 'policy' is company wide).
Although he mentions that is EU based, so perhaps the Indian Co can avoid this?
Still, sounds like a horrible situation to not be paid one month then only half the next.
Do you get these non paid wages back at some point or is that it, penalty imposed, we're deducting your pay?
Edited by Matt_N on Wednesday 1st October 09:01
I didn't know that they had the internet in the nineteenth century, where SHutchinson appears to be posting from.
The location of the company that now owns your employer does not necessarily determine the governing law of the contract, OP, especially as you work for a (presumably UK) company that was acquired by the Indian company. A deduction from wages that is not in accordance with a written agreement is unlawful.
The location of the company that now owns your employer does not necessarily determine the governing law of the contract, OP, especially as you work for a (presumably UK) company that was acquired by the Indian company. A deduction from wages that is not in accordance with a written agreement is unlawful.
SHutchinson said:
THX said:
Just had a mail to say they're paying the money back, so I asked the question;
Was £1124 REALLY deducted because a time sheet was one day late?
Yes. Ha!!!
Never known anything like it.
Did they in turn ask the more relevant question. Have you learned your lesson?Was £1124 REALLY deducted because a time sheet was one day late?
Yes. Ha!!!
Never known anything like it.
THX said:
It would seem, although I'm still waiting for clarification, that the pentalty for missing the time sheet deadline date (Monday was filled in on the next Tuesday) was £1124 deducted from my wages.
Seems a tad exsessive, given all the time sheet details is '8 hours worked'.
There's no way on earth that's legal!Seems a tad exsessive, given all the time sheet details is '8 hours worked'.
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