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If we are only a few minutes late for work, we lose 30 minutes' pay. Can our employer do this?
It depends on your written contract of employment. This is a deduction from your pay (the 30 minutes of work minus the few minutes that you did not work).
It is against the law to make a deduction from wages unless either:
- it is required or permitted by a statute or contract term; or
- the worker has given their prior written consent to the deduction.
Your employer can only make this deduction if there is a clear rule in your contract of employment, or in a staff handbook or policy incorporated into your contract, allowing your pay to be cut for this reason.
Even if there is a term in your contract allowing your employer to behave like this, your pay cannot be cut to the extent that it brings your basic pay below the level of the National Minimum Wage.
Also, if the rule impacts disproportionately on a particular groups of workers, such as women with caring responsibilities, you might be able to argue that it is indirectly discriminatory.
In addition, if individual workers are suffering, such as pregnant workers who struggle with their commute, physically disabled workers, or carers with tricky school drop off, the employer risks engaging in direct discrimination.
Your employer is also likely to lose workers’ goodwill, which could impact negatively on productivity, especially if no allowance is made for circumstance beyond the worker's control, such as bad weather or traffic disruption for example.
If a union is recognised at your workplace, ask your rep to raise these issues with management. If there is no union recognised but more than one worker is affected, consider organising together and raising a collective grievance. Also, think about organising to grow the levels of union membership where you work, so that an application for union recognition can be made. Individual unions provide help and guidance on the best way to do this.