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Joy Nicholas
Joy Nicholas, Laywer
Category: Employment Law
Satisfied Customers: 1532
Experience:  Lawyer
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Seeking Employment advice. I have to clock in electronically

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Hi, seeking Employment advice. I have to clock in electronically at the start and end of my work shifts. I have a delivery driver role. For a 6hr shift I get a 20min break unpaid and 30min unpaid for a 8hr shift. I often get rotered to be back in the warehouse for the last 20/30mins. If I do not get an opportunity to take a break while on the road, am I allowed to leave 20/30mins early and use the time to make my way home from work.On each occasion that I leave early I ask management if I can leave. On each occasion it is agreed and shows on my time card as Authorised but i have the time deducted from my pay. On asking management why I am having the time deducted I am told that I have to be on site till shift end but I have authority to leave early if I choose but it is unpaid.Am I allowed to request printouts of my time cards in order to check that I have been correctly. I currently only able to see the current and previous week yet am paid on a monthly basis.
Hi, thank you for your message can I confirm have you asked for the print outs?
Customer: replied 7 months ago.
I have asked for the print outs. I can view them in front of management but can not photocopy or take away on grounds that the print out comes from a managers personal account though I could not see anything data protection wise other than my name being on the same sheet as my employee number.

Hi, thank you for your message. You can ask them to redact any information that they view as sensitive so that you can bring copies home.

If you have been underpaid I would recommend the following:
1)Check what your contract or any other written agreement says about your employer taking money from your wages. If you think they’ve taken money wrongly, you should get together any evidence that will support what you’re saying,
2) gather all evidence proving underpayment I.e. payslips, bank statements, contract showing how much she should be paid etc
2) speak informally with the employer, I.e HR or payroll. Ask them to explain anything you don’t understand on your payslip or why you haven’t been paid.
3) write a formal letter to the employer attaching all the evidence and ask them to investigate the matter
4) if this does not help if you are a member of a union speak to the union. If you’re in a trade union, they might be able to negotiate with your employer for you. If you’re not in a union, find out if there’s one at your workplace that you can join. You might find details in your staff handbook, intranet or on notice boards at work.
5) Check if your employer has a formal grievance procedure you can use. Even if they haven’t, you can still raise a grievance - for example by writing a letter. Explain why you think you haven’t been paid enough and include copies of any evidence.
6)If your grievance doesn’t get the result you want, you can take your employer to a tribunal. You'll have to notify Acas first. Acas is an organisation that provides independent support to help sort out employment disputes. They'll see if your employer will agree to a process called ‘early conciliation' - a way to resolve dispute without going to a tribunal.
7) Your last resort is to take your employer to a tribunal
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