Going out whilst on sickness absence
Q. I had covid a few weeks ago. My doctor has gave me a sick note/fit note stating I can work but he wants me to work from home to not make my anxiety any worse causing my chest conditions to worsen. I am working full time from home until the 9th of May then they was going to do a faded return.
I have had a concert planned since before covid hit as its been postponed. I went to this concert on Tuesday, stood at the back out the way and near a door so I had access to leave if I needed. My employer is now trying to give me a disaplinary saying I breached my fit note. Can they do this? I'm petrified and it's having implications on my health. Please help me.
A. I’m fairly sure your fit note does not say you can’t leave the house. It is always difficult when a member of staff is signed off sick and then seen out at social events. It is no surprise employers jump to conclusions and regard the social event as a breach of some sort of rule.
I can understand if you had been signed off with a bad back and was then seen playing sports or doing other strenuous exercises, but in this instance there is nothing to prevent you going to the concert - it may even be beneficial to your recovery. You should be careful however, as to how this is perceived by your employer. It may be prudent in future to ask your GP if he/she thinks it will aid or delay your recovery by attending this social event and then pre warn your employer if you are attending.
Obviously, your employer can call you to a disciplinary, but I suggest you write a mitigating letter when the disciplinary invitation arrives, and if your employer insists it still goes ahead, simply explain why you felt it was acceptable to attend.
Deduction from pay
Q. I'm due a week lying time plus three days wages. Spoke to my ex boss a few days ago and said any money due and he said no the money you were due went on the repair when you bumped the lorry. Is thus right
A. Your boss can only deduct money for repairs if you have specifically previously given permission for the deduction to be made. The permission in this instance must be in writing - it is usually a term of your contract or a separate agreement. So this deduction without your written consent is unlawful. You should contact your boss, explain that it is unlawful to deduct from your final pay and unless you receive all your pay you will make a claim to an employment tribunal. You have 3 months from the date of the deduction (your final pay day) to make the claim, so don’t delay.
More deductions
Q. During 3 month notice period, does an employer have to inform the employee of any abnormal costs they will minus from their pay. I.e an extra I added to a company car in my final wage slip was a deduction of £150 for the added extra for the company car I had and they never informed me they would be deducting! I also believe I paid for the extra item within tax benefit throughout 2 years of having the car
A. This is similar to the question above. I reiterate that payments can only be deducted with your written permission. There are exceptions, but I don’t believe your deduction falls under any of them. They are:
They overpaid you by mistake
It’s required by law, e.g. Income Tax or a court order
You missed work because you were on strike or taking industrial action
Overpayment of wages
Q. Hope you are well, I am really looking for some advice. I work for the NHS and I’ve been back at work after being on Maternity now since October. Last week I received a letter to say I have been overpayed £1200 of Maternity pay and I need to pay it back.
I notified work 5 days after having my son. When contacting payroll they’ve said the dates entered from my management were wrong and weren’t corrected until 6 weeks after my maternity started. Where do I stand with this? I did my part by notifying work so my maternity pay can start.
A. Unfortunately you may have to pay it back. If an employer has mistakenly overpaid you they are entitled to have the money back, regardless of whether you complied with your maternity obligations. I suggest that you ask if you can pay back the £1,200 in instalments. Most reasonable employers will agree to a repayment scheme and I have no reason to suspect the NHS will not do so.
Apprentice pay
Q. Hi mate, quick question about adult apprenticeships. I'm in my late 40s and am 8 months into my first year. I'm being paid less than £8 per hr is this wage correct or am I being fleeced. Cheers
A. As you are in your first year, despite your age, you are entitled to a minimum wage rate of £4.81 per hour, so if you receive in excess of that you’re not being fleeced. After the first year you are entitled to £9.50 per hour.
Age discrimination
Q. Hey Business Doc, Love your tiktok video's. Would you say the attached job advertisement is legal. Thanks
A. It screams of age discrimination. I see these ads all the time, usually they state the job will be suitable for a student of school leaver, implying that if you’re over a certain age the job is not for you.
Although it is not unlawful to specify an age range it does imply an intention to discriminate and if a 40 yr old applied and was refused they could find themselves at the end of a tribunal claim. I suppose, in their favour, they pay above the National Minimum Wage for that age group!
Vehicle tracking data for disciplinary
Q. Good morning. I'm a foreman and have 8 operatives under me. The company are wanting me to do a document discussion with the plumber hes on average 10 mins late gets through all his jobs. We are classed as mobile working it's a big houseing association. They use the vehicle tracking to check his start time is this legal?
A. If the vehicle is for business use the tracking data can be used to monitor his start times. If he is contractually required to start work at a particular time he must do so regardless of whether he manages to complete his work. In this instance the Company is entitled to use the disciplinary procedure and information from the tracking device as evidence of his lateness.
Bullying
Q. Hi, Tim, I need some advice please. How can I solve a possible witch hunt at work? I was wrongly accused of stealing, ever since management have been pulling me in to the office as it came to their attention that I've been inappropriately saying things to customers also untrue. Can I report management to head office or do I lie low and take all accusations and possibly get dismissed for something I haven't done. I love my job, but I'm depressed as I'm wrongly done by.
A. If you do nothing it may be that you are eventually dismissed, so I think you need to take some positive action to put this to bed once and for all.
Use the Company disciplinary procedure and raise a formal written grievance. If there is no person in your immediate management structure who you believe is not involved, you should write directly to the Head Office. Set out fully the allegations against your immediate management. Detail as much as possible and diarise everything from now on (send yourself an email as that way it has a date stamp) and refer to the past unproven allegations against you.
Notice requirement
Q. How much notice have you got to give if you haven’t signed a contract?
A. One week is the statutory requirement if you have been in your job for more than one month.
Till shortages
Q. Can an employer force all staff to pay for tills been down either via wages or tips in the hospitality sector?
A. Yes, but. . . .
The deduction must not be less than 10% of your gross pay in that pay period (unless it is your final pay day) and you must agree beforehand (in writing) to consent to the deduction. It’s usually set out in your employment contract.
The legal bit. . .
This newsletter contains information about employment law and workers rights. The information I provide is not legal advice and should not be treated as such. You must not rely on the information in the newsletter as an alternative to legal advice from an appropriately qualified professional. If you have any specific questions about any such matter you should consult an appropriately qualified professional. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this newsletter.
The Business Doctor is going North!
In late May/early June I’m planning to cycle from Land’s End to John o’ Groats in less than 5 days. It’s all for a good cause - Harbour Housing. I sit on the Board of Trustees and we provide housing for homeless vulnerable single adults in the South West. Sadly our services are called on more and more in these difficult times, and with the current cost of living crisis I suspect we are going to be busier than ever - for all the wrong reasons.
Many of our residents have bikes as their primary means of transport and from time to time they need maintenance, so I’m hoping to raise funds to buy some kit to help keep them on the road and possibly source and repurpose bikes destined for the scrap heap.
If you can help by donating a few quid I will be eternally grateful. My fundraising page is here where you can see all the updates as I prepare for the big ride.