day off to look after child

[ladyboypostie]

Hello, a lady in my office had a day off a few weeks ago to look after her ill child, and they docked her wages and didnt even tell her. Surley she is entilted to at least 1 day with pay?

[venom]

i think it is managers discretion in other words no pay

[ladyboypostie]

Doesnt seem fair

[clashcityrocker]

It really wouldn't hurt them to actually explain that it would be unpaid.
If it was only one day and was a rare event actually giving Special leave (paid) wouldn't kill them.
They could have spoken to the person in question and seen if they would like to use up a day of annual leave rather than lose a days wages.

But they didn't do any of those things because they aren't just any managers, they are Royal Mail managers.

I'd stick in a grievance. What do they have to lose?

[fishtank]

Culling paid special leave seems to be a national position.
Hospital appointments,bereavement,time off for dependants...doesn't seem to matter what it is it's now unpaid or annual leave.
I think the union are talking to RM about it.

[ladyboypostie]

Any advice on how she could go about trying to gey pay back?

[hans solo]

yep ext del for a few weeks will add up

[whisperstar24]

grievance against the manager

[silly suffolk]

Hello, a lady in my office had a day off a few weeks ago to look after her ill child, and they docked her wages and didnt even tell her. Surley she is entilted to at least 1 day with pay?

urgent domestic distress. 1 day with pay, rest a/l or unpaid. by law you are intitled to parental leave but this is unpaid.

[Lounge Lizard]

Culling paid special leave seems to be a national position.
Hospital appointments,bereavement,time off for dependants...doesn't seem to matter what it is it's now unpaid or annual leave.
I think the union are talking to RM about it.

What if two days off is needed for a young child being in hospital for quite a significant operation, any chance of paid special leave for that ?
- and is there a link on here to the policy on paid / inpaid special leave ?
Thanks in advance.

[fishtank]

What if two days off is needed for a young child being in hospital for quite a significant operation, any chance of paid special leave for that ?

Unlikely to be paid in the present climate.
Manager's discretion so depends on the decency of the manager.
Annual leave the best option if cannot afford unpaid leave.

- and is there a link on here to the policy on paid / inpaid special leave ?
Thanks in advance.

http://www.royalmailchat.co.uk/communit ... ve#p242585" onclick="window.open(this.href);return false;

[ninja]

In order for her pay to be stopped she would have to sign the special leave request,which is a legal requirement? if it is more then 10% of her income. Also if special leave without pay is decided the manager should provide a written reason on why this is, your members circumstances should also be taken into account.

Clearly the business seems to be using special leave without pay for any reason and guess you should ask for a copy of the procedure in order to confirm if they are working within the guidelines or not.

[ninja]

BASIC POSITION

The main effect of Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27) is to make it unlawful for an employer to make any deduction from the wages of a worker employed by him unless the worker has agreed in writing to the deduction being made or it is required by law (eg deductions for PAYE and national insurance).

If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer. In other words, the employer is not entitled to take the law into his own hands. Thus if, for example, an employee does not return property belonging to the employer after being dismissed, perhaps a computer or some safety clothing, the employer is not entitled to deduct the value from the final wages payment due unless the employee has agreed in writing that this can be done.

"Wages" includes any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise (ERA 1996 s.27 and see notes at Deductions from wages etc/meaning of ''wages'' ).

The rules do not of course remove an employer's right to recover money properly due to him from an employee (eg typically to recover an overpayment of expenses or wages). What they do mean is that, save in a few special cases, the employer is not allowed to recover the money by taking the law into his own hands and deducting it from future wages without consent of the employee (see Deductions from wages etc/deductions from wages, salary or pay/general rule (basic position) and Deductions from wages etc/deductions from wages, salary or pay/general rule (exceptions) ).

Given the difficulties of bringing an equal pay claim under the sex discrimination legislation (see Sex discrimination/equal pay and terms of employment/a general introductory note and Equality Act 2010/equal pay and terms ), it may sometimes be more appropriate for a person who considers that she (usually) could make such a claim to bring it instead under the unlawful deduction from wages provisions of Employment Rights Act 1996 (see notes at Sex discrimination/equal pay and terms of employment/relationship with wrongful deduction from wages rules ).

See generally notes under this main head Deductions from wages etc and in particular at Deductions from wages etc/deductions from wages, salary or pay/penalty for improper deductions from wages .