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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48550
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I am a home care worker, visiting and caring for

Customer Question

Hello,

I am a home care worker, visiting and caring for clients (mainly the elderly) in their homes. Over the last few days, I agreed to do a lot of extra visits because other care workers were off with flu and norovirus while others had their cars stuck in the snow.

I thus had very little time to spare, working 8am to 10pm Sat and Sunday, and with extra calls on Monday followed by sleep and a time when I had to do some things for myself.

I have timesheets to collect from these homes that document workers' hours put in for that week, I have to collect them Sunday and hand them in Monday. But I haven't had time to do that because of all the work pressure. The office where I have to hand them in, is aXXXXXfrom my house - making a 1 and a half hour round trip.

I have now been told that I won't be paid, because I handed the timesheets in too late! Is that legally correct?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Do you mean you will not be paid at all, or just not in this pay run?
Customer: replied 4 years ago.

I mean not paid at all.

Customer: replied 4 years ago.


I'm having a bit of trouble navigating this system.


 


I mean not paid at all.

Expert:  Ben Jones replied 4 years ago.
Are you an employee, agency worker, self employed, etc?
Customer: replied 4 years ago.

It is a zero hour contract with Carewatch.

Expert:  Ben Jones replied 4 years ago.
What does your contract say about submitting timesheets and getting paid?
Customer: replied 4 years ago.


Nothing. But it says Carewatch has the right to make deductions from my pay.

Customer: replied 4 years ago.

The contract says: "For the purpose of Part II of the Employment Rights Act 1996, you authorise Carewatch at any time, whether during your employment or on termination of it for any reason, to make deductions from your pay or any other amounts due to you in respect of any money that is owed by you to Carewatch."

Expert:  Ben Jones replied 4 years ago.
ok that clause is irrelevant really, so there is no policy on when you must hand in time sheets by or anything of that sort?
Customer: replied 4 years ago.


Nothing in the contract. The timesheets state: "All timesheets must be in the office no later than 3pm on a Monday please". But often care workers find that very difficult to achieve - especially those people that need to balance addition work requests with family commitments etc.


 


Another note that we get asks us to hand them in "as soon as is convenient". So there are mixed messages.

Expert:  Ben Jones replied 4 years ago.
I agree it does seem contradictory. In any case what the employer is doing is not right. You have the right to be paid for time you have already worked and telling you that they will not pay you because you have not handed in your time sheets when there is not even a clear policy on that is unacceptable.

You have every right to tell them that if they do not pay you, you will treat their actions as unlawful deduction of wages. If you were to take the matter further you can eventually decide to make a claim in the employment tribunal to recover what you are due, although you can try and resolve this by raising an internal grievance at first.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 4 years ago.


Thanks for your help. Is there a way that I can make this thread public, so that it can be seen by the firm itself?

Expert:  Ben Jones replied 4 years ago.
It is already public
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

I don't mean to comment on all Carewatch offices. The one is question is Carewatch, Midsomer Norton, Near Bath.

Expert:  Ben Jones replied 4 years ago.
That is ok, your statement will be recorded with the earlier advice