Clocking in & out times

[LondonGuy76]

Hi all,

I have a similar issue with a clocking-in machine.

However, the issue I have is the machine will automatically dock 15 minutes pay if someone clocks in 1 minute late; and also 15 minutes pay if clocked out 1 minute early.

For example, if someone's start time is 9am, but clocks in at 9.01, the machine automatically clocks that person in at 9.15. And vice versa at the end of the day.

We were not told that until we realised we were not being paid the overtime we were expecting.

Does anyone know what the legalities of that are?

I'm told the law states the above is not allowed to work in favour of the company at both ends of the day. Does anyone know if that is correct?

I'm also told the law states someone is allowed to be up to 7 minutes late and it still counts as on time. I don't know how true that is, or if the law has changed on that.

One last thing, I'm not sure if this is the right thread to post this on, it states in our contract our working week is 37.5 hours. However, what is not stated in the contract is we have to work 40 hours before we start earning an overtime rate. The 2.5 hours are unpaid.

Surely there is a legal issue there?

Any advise on the above will be greatly appreciated.

Thanks in advance.

 

[Newchodge]

Hi all,

I have a similar issue with a clocking-in machine.

However, the issue I have is the machine will automatically dock 15 minutes pay if someone clocks in 1 minute late; and also 15 minutes pay if clocked out 1 minute early.

For example, if someone's start time is 9am, but clocks in at 9.01, the machine automatically clocks that person in at 9.15. And vice versa at the end of the day.

We were not told that until we realised we were not being paid the overtime we were expecting.

Does anyone know what the legalities of that are?

I'm told the law states the above is not allowed to work in favour of the company at both ends of the day. Does anyone know if that is correct?

I'm also told the law states someone is allowed to be up to 7 minutes late and it still counts as on time. I don't know how true that is, or if the law has changed on that.

One last thing, I'm not sure if this is the right thread to post this on, it states in our contract our working week is 37.5 hours. However, what is not stated in the contract is we have to work 40 hours before we start earning an overtime rate. The 2.5 hours are unpaid.

Surely there is a legal issue there?

Any advise on the above will be greatly appreciated.

Thanks in advance.

The only laws that cover this are minimumwage. If you are paid at minimumwage this would be illegal as deducting 15 minuted for 1 minute discrepancy means you are not getting minimum wage for the hours worked. The other law is contract law. If your contract say cando this, they can do this.

 

[LondonGuy76]

Thanks.

What about the part about the 2.5 hours unpaid before the overtime rate starts?

 

[Newchodge]

Same answer. If it is in your contract that they can do this, then they can, unless it would take your average earnings for the week below minimum wage, which is £6.50 per hour.

 

[lesliedocherty]

Same answer. If it is in your contract that they can do this, then they can, unless it would take your average earnings for the week below minimum wage, which is £6.50 per hour.

That's how i read it aswell, they can do what they want if its in the contract, but if you work 39 hours, you need to have been paid at least 39 x £6.50