is this legal.??

[ibizaboy]

the company i work for have this instore rule. say for example you work 9 till 5 daily. you go to work at 9. feel unwell at 1.20 and decide to go home. the company DOESNT PAY YOU FOR THE WHOLE DAY even though youve done around 4 hours. is this right.?? thanks.

[CheekyChops]

Why should they pay you for the whole day if you go home after you have only worked half of it?

[bednobs]

i think they mean you get no wages at all for that day even though they've worked some hours

[sith123]

dunno

[Buenchico]

Both statute law and contract law come into this.

As far as statute law is concerned, your employer can fail to pay you for the hours worked as long as your average pay, over a 12 week period, doesn't fall below the National Minimum Wage. (Similarly, it's lawful for employers not to pay you a single penny for any overtime worked, as long as your average pay doesn't go below the NMW).

However statute law also states that your employer must provide you with a 'written statement of employment particulars' within two months of starting work. That statement will define the contract which exists between you and your employer. If that statement defines an hourly pay rate, and states that you'll always be paid at that rate, then you should be paid for the morning's work. However if that statement makes it clear that you will receive no pay for 'part days' then, as long as your average pay doesn't fall below the NMW, the employer is no obliged to pay you.

Chris

[factor-fiction]

I wonder whether there is a misunderstanding here. Have you got details of the exact wording of this rule? If you can give the exact wording for us it might clarify things. Thanks

[ibizaboy]

sorry for the confusion guys. basically, for example if i go into work on monday at 8 and my shift is till 5 im paid for 8 hours. if i go home unwell at, say, 1 pm ive worked for almost 5 hours but the company wont pay me for those as ive sent myself home ill. can they legally do this.? hope this helps. ian

[cathfromsaron]

sounds iffy. have you read your company's policy yourself?

[factor-fiction]

Is this just hearsay or have you got written confirmation of the policy you could share with us? Ta

[ibizaboy]

cathfromsaron. no its not iffy its genuine. been going on for a year now.
factor30. thers is no policy.its just the store managers decision, nothing to do with company policy.

[boxtops]

Is this a branch of a big company, or an independent store?

[ibizaboy]

big company!!

[charleybear]

they should only have to pay you for the hours that you have worked i imagine