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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64495
Experience:  Qualified Employment Solicitor
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I would like to ask if my employer had right to lower my

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Hi, I would like to ask if my employer had right to lower my basic pay due one day absence? I never missed any day before. There was situation when I feel sick and had to go home earlier but then my hours were simply counted out and there was position on payslip - unpaid hours. This time there no deduction visible but my basic pay is lower around £100. Did they jave right
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Yes, i wrote an email to hr and their reaponse were : I can confirm that the reduce amount of basic you see is due to one days sickness 6th Feb, . The basic pay is £1467.67 less £98.15 for the one day sickness.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, we don't have a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you that would be all

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 6 days ago.
Ok

How long have you worked for your employer and is there anything in your contract that allows your employer to made such changes to your pay?

Customer: replied 6 days ago.
Over 2 years on contract
Customer: replied 6 days ago.
And I didnt found anything that they can lower my basic pay due my absence. I asked few friends who had sick day and they was always separate deduction on payslip or as unpaid or as statutory sick pay
Customer: replied 6 days ago.
Hello??

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

 

Many thanks for your patience. If you did not go into work and did not follow any sickness absence procedure, the this would be considered as an unauthorised absence from work and you could indeed be docked a day’s pay for it. Had you advised them that you are not coming in to work and followed absence procedures, then they should have treated you as being off sick and paid you any sick pay you may be entitled to under contract. But if someone does not turn up to work and does not follow an absence reporting procedure can be treated as being unauthorised off work and have their pay docked.

 

Does this answer your query?

Customer: replied 6 days ago.
Not exectly. I called on new line for absences but there was no welcoming info like with old line. Nobody was answering and beacuse I was really sick I gave up and let know my team leader and my friend. I understand that I shouldn't be paid for that day. I know the rules. My issue is why they didn't counted out this hours in seperate position on payslip like always but counted out them from the basic pay beacuse my basic pay dodn't change. If I were know in the place where I want to buy a house and I need to buy house that would be mess my credit score. I might need this payslip in next months to confirm my earnings so how i should explain to the bank why one month my basic pay is lower then other ones. I don't want to be paid for the the I've missed I know my company rules but I would like to for my payslip to be clear and to be put everything like should be on order: basic pay,
unpaid hours, overtimes & shift allowance. Am I in position to ask for amend the payslip?
Customer: replied 6 days ago.
This is how it looks my payslip when went home one hour and this hour has been counted out and is visible on payslip.
Customer: replied 6 days ago.
And this is my recent payslip where I do not see the missing day which was counted out straight from basic pay

You can indeed ask them to amend it but at the same time banks, etc will understand why this has changed for one month only – if it was a frequent occurrence it will be more of a problem but if it is only once and there is a reason for it, they will understand

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
Yes, thanks! Sorry for late replay

No worries and all the best

 

Customer: replied 5 days ago.
You too. Stay safe

Many thanks

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