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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44913
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We use a clocking in and out machine. Can we round up or

Customer Question

We use a clocking in and out machine. Can we round up or down for the employees clocking out time? Example if they click out at 2.08 do we have the right to only pay them until 2.00? Also would it be a 15 minute block or half hour?
Thanks
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

Please can you tell me what your current system is in relation to this? Please can you also tell me whether these employees are paid annually or hourly? Thank you

Customer: replied 2 months ago.
Hi Ben. We work in a pub/restaurant environment and the employees are paid hourly. We collect their clocking in cards once a month and add up their hours for payroll. They are sometimes clocking out at 7 mins past or 25 past when their shift finished on the hour.
Expert:  Ben Jones replied 2 months ago.

Hi there, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 2 months ago.

Many thanks for your patience. Whilst you can apply a system which rounds up/down the time the employees work you must ensure that it is applied fairly and that ideally it is in the employees’ contract. By being applied fairly, I would say that you must ensure you do not just round down the time, but also round it up. It is up to you as to what blocks of time you decide to round up the time to, be it 5 mins, 10 mins, 15, mins or 30 mins. Obviously the smaller the block the less likelihood is there of any disputes arising because the employees will not be ‘losing’ as much time. So try to make it as precise as possible and not always round down so as to appear that you are always cutting down the employees;’ time worked.

Regardless of the above, you can make it clear that there is no time paid for working overtime, unless you have both specifically agreed to it. The law does not entitle employees to get overtime pay until it is a contractual right or paid at the employer’s discretion so if someone is contracted to work specific hours and they are not asked to do overtime by you, then you can just pay them for the contracted hours, even if they have clocked out later than when they were due to finish.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 2 months ago.
Hi Ben,
Thankyou
I just need to speak to my boss and make that covers all the questions. I think it goes but need to check. I will get back to you with s rating ASAP
Thanks
Expert:  Ben Jones replied 2 months ago.

no problem, many thanks

Expert:  Ben Jones replied 2 months ago.

Hi there, do you need any further help with this matter?

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