Time sheets

Discussion in 'Employment & HR' started by Jonny2000, Feb 3, 2020.

  1. Jonny2000

    Jonny2000 UKBF Newcomer Free Member

    13 0
    Hi my daughter has been paid a salary for the last 5 years (since she started her job ) . She has recently been told to fill in time sheets as she is now getting paid hourly !. Can this legally happen without consultation ?
    Thanks Jonny
     
    Posted: Feb 3, 2020 By: Jonny2000 Member since: Feb 3, 2020
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

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    How long since she started getting paid hourly? Or is it just starting now?
     
    Posted: Feb 3, 2020 By: Mr D Member since: Feb 12, 2017
    #2
  3. Jonny2000

    Jonny2000 UKBF Newcomer Free Member

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    Just starting now
     
    Posted: Feb 4, 2020 By: Jonny2000 Member since: Feb 3, 2020
    #3
  4. fisicx

    fisicx It's Major Clanger! Staff Member

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    Maybe the salary was based on an hourly rate. What does it say in her contract?
     
    Posted: Feb 4, 2020 By: fisicx Member since: Sep 12, 2006
    #4
  5. Stas Lawicki

    Stas Lawicki UKBF Regular Free Member

    175 54
    It has probably been an hourly rate and with payroll changes this year they are getting 'hours worked' info from your daughter, rather than doing it themselves.

    Otherwise, as above, check the contract
     
    Posted: Feb 4, 2020 By: Stas Lawicki Member since: Nov 14, 2017
    #5
  6. paulears

    paulears UKBF Big Shot Full Member

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    Has she ever been paid overtime? Or been asked to make up hours? If so, it's not really a salary, just annualised hours based on a nominal number per week. Plenty of people who are salaried fill in timesheets to evidence extra hours - that's quite normal. They get £X per annum, based on 37 hours a week and 12 weekends during the year, or something similar.
     
    Posted: Feb 4, 2020 By: paulears Member since: Jan 7, 2015
    #6
  7. Jonny2000

    Jonny2000 UKBF Newcomer Free Member

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    She doesn't get overtime , her contact says she has to work over and above if and when required (it doesn't happen much)
     
    Posted: Feb 4, 2020 By: Jonny2000 Member since: Feb 3, 2020
    #7
  8. obscure

    obscure UKBF Ace Free Member

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    In that case she isn't hourly paid and this would be a change to the contract.... which can't be done without the employees agreement.
     
    Posted: Feb 4, 2020 By: obscure Member since: Jan 18, 2008
    #8
  9. Newchodge

    Newchodge UKBF Big Shot Free Member

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    Could not have put it better myself. She needs to discuss with her manager and put in writing that she does not agree to move from her nnual salary to an hourly-based contract. Have there been any other changes at the workplace that may explain the proposed change? Reduction in work, loss of big contract etc?
     
    Posted: Feb 4, 2020 By: Newchodge Member since: Nov 8, 2012
    #9
  10. paulears

    paulears UKBF Big Shot Full Member

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    Sorted, then! All about status.
     
    Posted: Feb 4, 2020 By: paulears Member since: Jan 7, 2015
    #10
  11. Jonny2000

    Jonny2000 UKBF Newcomer Free Member

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    Hi again I told my daughter on Tuesday to tell her boss she wasn't going to start filling them in without consulting and a change of contract.
    This morning she got to work , she has timesheets on her desk again with a letter saying if you don't fill these in you won't be paid !.
    Surely this can't be legal ?
     
    Posted: Feb 5, 2020 By: Jonny2000 Member since: Feb 3, 2020
    #11
  12. Newchodge

    Newchodge UKBF Big Shot Free Member

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    No it is not legal, however the employer holds all the power as they can just not pay her. She can then take legal action, including resigning and claiming constructive dismissal, and eventually she should get paid. She needs to raise a formal grievance. She should not be objecting to the timesheets per se, but to the change from annual salary to hourly pay. The timesheets are almost an irrlevance but they are the medium through which her horuly pay will be calculated.
     
    Posted: Feb 5, 2020 By: Newchodge Member since: Nov 8, 2012
    #12
  13. Newchodge

    Newchodge UKBF Big Shot Free Member

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    Why did you not tell her to do what was advised above in post 9?
     
    Posted: Feb 5, 2020 By: Newchodge Member since: Nov 8, 2012
    #13
  14. Alison Moore

    Alison Moore UKBF Regular Full Member

    256 24
    Are they using the timesheets to work out her pay and changing her from salaried to hourly - or are they just using the timesheets for they can account for her hours? She shouldn't be objecting to filling out the timesheets, but if they are changing her contract then she needs to formally object to that.
     
    Posted: Feb 5, 2020 By: Alison Moore Member since: Aug 4, 2016
    #14
  15. Jonny2000

    Jonny2000 UKBF Newcomer Free Member

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    She thinks they are wanting to change her from salaried to hourly.
     
    Posted: Feb 5, 2020 By: Jonny2000 Member since: Feb 3, 2020
    #15
  16. fisicx

    fisicx It's Major Clanger! Staff Member

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    She needs to ask. Until you know for certain everything is conjecture.
     
    Posted: Feb 5, 2020 By: fisicx Member since: Sep 12, 2006
    #16
  17. obscure

    obscure UKBF Ace Free Member

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    Thinks or is? In your first post you said "she is now being paid hourly? Now she just thinks she is? Which is it? We can't give meaningful advise unless we know what is actually happening.
     
    Posted: Feb 6, 2020 By: obscure Member since: Jan 18, 2008
    #17
  18. Matthew J

    Matthew J UKBF Contributor Free Member

    33 4

    The employer holds all the power I would have to disagree, and a phrase imho that is too easily overused, and stops people from taking action that in the majority of cases they will win.

    Firstly what industry? Is this commonplace?
    If its to a time-sheet, does that mean she wont be paid holidays?

    If an employer withholds pay they've breached a major term in the original contract.

    Making changes to a contract without consent or under duress is also something they cannot do.
    Having said that, make sure they haven't got a get-out clause somewhere in the contract (related to switching to hourly pay).
    Even so, good chance it would be scrapped if it ever got in front of a judge (pretty sure it wont get that far)

    Daughter should speak with the boss (or even request info an email), don't give too much away.
    See what they come back with.

    If unfair, then make a timeline, collect all the evidence and look at the legal route. For smaller amounts, it wont cost much and anything that is charged theres a good chance you'll get back

    If you continue working you could show through demonstration that you consent, even if nothing is signed.

    Depending on perspective, your daughter could end up being in quite a good position if they keep messing her around.
     
    Posted: Feb 6, 2020 By: Matthew J Member since: Oct 16, 2019
    #18
  19. Newchodge

    Newchodge UKBF Big Shot Free Member

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    Really? Which part of my subsequent description of what can happen do you disagree with and why?
     
    Posted: Feb 6, 2020 By: Newchodge Member since: Nov 8, 2012
    #19
  20. Newchodge

    Newchodge UKBF Big Shot Free Member

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    The employer would not be stupiod enough to break a basic law like that.
     
    Posted: Feb 6, 2020 By: Newchodge Member since: Nov 8, 2012
    #20