A recent tribunal case concluded that the retailer Boots had unlawfully reduced long-serving workers premium pay rates for working on a Sunday. In this case long serving staff at Boots had the right to double time for working on a Sunday. The retailer took the decision to reduce overtime rates for long serving staff working on a Sunday from double time to time and a half. The employment tribunal collated 43 claims for unlawful deductions from wages from employees. After in-depth investigation into various versions of the staff handbook and the wording in individual employee’s terms and conditions the tribunal concluded that the decision to reduce the premium pay rate for Sunday working did amount to an unlawful deduction from wages. This decision came down to the fact that the staff involved had no clause in their contracts which allowed Boots to make such a change unilaterally. This case shows that where employers wish to be able to vary contracts to meet business needs without seeking prior agreement from employees they must reserve the right expressly in the contract.
On the topic of deduction from wages - I am often asked by clients if they can deduct from employees’ wages for instances such as: damage to stock, damage to company cars, parking fines incurred when at work and loss of company property such as mobile phones. In all these instances the employer must have relevant clauses written into their contracts of employment before a lawful deduction can be made from wages. It is best to ensure you have the correct wording in the contract before the situation arises!
It is good practice to review your contracts of employment on a regular basis to ensure they meet your business needs. I offer a free 30 minute initial consultation. If you would like me to review your contracts of employment to ensure they meet your business needs please contact me on 07900 60 4551 or drop me an email at [email protected]
Thanks - Alison.
On the topic of deduction from wages - I am often asked by clients if they can deduct from employees’ wages for instances such as: damage to stock, damage to company cars, parking fines incurred when at work and loss of company property such as mobile phones. In all these instances the employer must have relevant clauses written into their contracts of employment before a lawful deduction can be made from wages. It is best to ensure you have the correct wording in the contract before the situation arises!
It is good practice to review your contracts of employment on a regular basis to ensure they meet your business needs. I offer a free 30 minute initial consultation. If you would like me to review your contracts of employment to ensure they meet your business needs please contact me on 07900 60 4551 or drop me an email at [email protected]
Thanks - Alison.
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