Appeal against disciplinary sanction

[lesarmstrong]

my employee deducts a days pay if you appeal against a disciplinary sanction and lose. When questioned that its not in the disciplinary procedure or contract of employment they say its 'implied terms of contract ' and custom and practice, is this right ?

[MsEVP]

Mornin` Les, can`t help you really but I`m sure you`ll get an answer soon. By the way, did you mean `employee` or should it be `employer`?

[lesarmstrong]

Employer, not employee, thanks for spotting

[MsEVP]

Les, wait for Ethel to come on.

[lesarmstrong]

whose ethel??

[buildersmate]

Ethel generally doesn't do employment law.

Your employer is on extremely dodgy ground. As you probably know, it is basically unlawful to deduct wages except in special circumstances. Some apply in special sectors like retail where staff handle cash from the till. Some apply where there is a specific arrangement - the police disciplinary arrangments is one such example.
More on the 'rules' here.
http://www.berr.gov.uk/whatwedo/employment/emp loyment-legislation/employment-guidance/page16 161.html#Unlawfuldeductionsfromwages
Unless you reckon your industry or case is covered, worth pursuing via the grievance procedure in the first instance - then a possible recourse to employment tribunal.

[lesarmstrong]

Thanks, I did'nt think it was lawful. The link you provided is very useful, thanks for your help.

Les