How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

If an hourly paid employee fails to clock in/ out correctly,

This answer was rated:

if an hourly paid employee fails to clock in/ out correctly, is it legal not to pay for the hours worked?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is there a specific policy on this?
Customer: replied 2 years ago.
Hi Ben, I hope you can help.
We have not set out a specific policy as yet and wanted legal advice on this.
We use a biometric system to clock in and out. From time to time employees fail to use the system correctly. I just wanted to ensure a policy of 'failing to correctly use the system on a particular day would result in pay for said day being forfeited' is legal before it is implemented.
i look forward to your response.
Legally it is possible to try and enforce such a policy although you need to be careful because it may result in employees being paid less than the legally required National Minimum Wage. The law requires you to pay them at least the NMW rate for the time they have actually worked, whether clocked in or not. S whilst under contract you may refuse to pay them for time which cannot be traced and determined as genuine working time, you must ensure that overall they are getting the NMW, based on the hours worked and the pay received. I understand that this may be difficult to establish especially s you do not know exactly when they may have arrived at work or gone off but it can be determined via other means such as witnesses, etc. I would be mindful not to outright refuse payment for such errors but to deal with it as a disciplinary matter at first – disciplining them for failure to use it properly and offering retraining, with continuous failures only amounting to docking of wages. 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
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Ben,I'm sorry I believe I may have entered an incorrect email address. please can you forward your reply to***@******.***
I can only post my replies on this website, I cannot email any responses, if you need to forward it then please just copy and paste it into an email, alternatively it will be saved on here
Customer: replied 2 years ago.
Just seen your reply. Thank you.
You are welcome