Employment law boffs

[GrumpyGuts]

Hi, need some advice on this, guys!

I currently work for a large distribution centre. My job title (as per my contract) is Warehouse operative. However, employees, despite the title, are assigned "common" roles and mainly work in these areas unless needed elsewhere, such as picking, FLT, etc.

My role differs a lot. Ever since I passed my Reach truck test I have been driving that around, but only up until about 6 months ago when I was trained on loading. Loading can be really busy and they can find the people jump on a FLT to cover other employees that get moved around so I get asked a lot to come to loading.

Nowadays I get swapped between picking, FLT and loading but I have been mainly loading for the past 2 months ago. In our warehouse, ALL employees are paid a forklift premium. This is an extra £93-ish on top of our regular salary as a "thank you" for doing what is more a responsible job. However, you can be EASILY deducted this bonus for the following reasons:

* Absence
* Lateness
* Incidents and accidents whilst operating the FLT
* Holiday
* Not hitting your target

Granted my employer does not have to pay this to us. However, it's becoming common that in everybody's pay, they are screwing us one way or another by either deducting or removing the premium completely.

The bonus is worked out over the 22 working days each month, but is paid per week, not by day or by hour (for example, you can get deducted a week for not hitting your rate for 4 out of 5 days for that week). So, last month, I was scheduled to load for most of the month but had worked a few days in that month on the FLT. Some days I was also called off the FLT to come loading. So in fairness, I should be paid for what I have worked and if I was NOT going to be paid for it, I would have to sign a document stating the company are deducting the premium for the following reasons.

What I'm trying to say is that everybody else is being paid their premium but I have not been paid my share, even though I have only driven an FLT for a few days last month. I know a colleague that has quoted "British labour law" that says that If I am doing the same task (I.e. the FLT) then I should be paid the same unless I agree not to be paid the same.

Sorry if this sounds oddd but I really cannot find the relevant legislation to quote to the company!

Cheers
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My Bikes: Lifan Beat 125cc '11 -> Suzuki B120P '76 -> Suzuki EN 125-2A '08 -> Honda CG 125 '04 -> Honda CB600F Hornet '98 -> Kawasaki ZZR 600 '99 -> Kawasaki GPZ 500S '95 (Current)
Theory test passed - 09/02/2012 >>>> Module 1 passed 24/07/2012 >>>> Module 2 passed 24/10/2012

[Rogerborg]

Didn't really follow all that, but I'd suggest that you take your highly marketable skills to the employers that are crying out for them.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[GrumpyGuts]

Maybe I've worded that pretty badly, but in essence:

I am not being paid my forklift bonus but other people are, and I have not been informed that I am going to be refused my bonus for November's pay which is what they normally do.
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My Bikes: Lifan Beat 125cc '11 -> Suzuki B120P '76 -> Suzuki EN 125-2A '08 -> Honda CG 125 '04 -> Honda CB600F Hornet '98 -> Kawasaki ZZR 600 '99 -> Kawasaki GPZ 500S '95 (Current)
Theory test passed - 09/02/2012 >>>> Module 1 passed 24/07/2012 >>>> Module 2 passed 24/10/2012

[Tracey Suntan-King]

From your second post I'd suggest you look up law on "equal pay" and "unlawful deduction from pay".

Base any searches around unfair treatment and see what you come up with.

You are entitled to ask why you have not received payment you were expecting and for an explanation of deductions. Best to ask in writing.

If you are not happy with their response you should then give examples of times they have paid other people and then ask why you have been treated differently.
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Whether you think you can, or think you can't, you're probably right

[Nash GT]

Not sure if illegal deduction of pay applies as the bonus seems to be non contractual.

If it is non contractual id go and a have a polite chat with HR/line manager, as these adhoc bonuses can often get missed out by payroll monkeys.

If it is contractual have the chat anyway and depending on the answer follow appropriate actions.

If there is an Union presence at your work place, have a word with a rep
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Suzuki GSF600N

[Clanger]

[The Artist]

Surely the fact that this is a bonus means they can do whatever they like with it.

[sidewinder]

edit: I was being a knob apologies to the op

have you been to see hr or payroll there might have been a mixup or something..
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"Nitrous is like a cheap hooker, you want to hit it but are scared of the consequences

[sidewinder]

what the others have said
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"Nitrous is like a cheap hooker, you want to hit it but are scared of the consequences

[Northern Monkey]

[Phoenix]

As long as the bonus is discretionary (which it will be in your contract) then they don't have to pay it for whatever reason they like, even if they don't like your hairstyle that month. Sure, that doesn't mean you couldn't try to have them for it but it'd be a pretty flimsy case, plus if you haven't worked for a company for at least 2 years now you have effectively zero rights when it comes to employment tribunals and so on, nice little change to the law that was made to make companies less scared of employing people and improve the government job statistics.

[GrumpyGuts]

OK thanks for the input guys - I've raised a pay query so I'm waiting for the results of that.

Sidewinder, I never saw your other post, just the quote. I am glad I have a job, however this company has been unfairly deducting people's wages for a long time, especially the FLT drivers. FLT is the most dangerous and mentally draining job there. If the head manager says he is going to pay the bonus to all the drivers, he should figgin' pay it!!
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My Bikes: Lifan Beat 125cc '11 -> Suzuki B120P '76 -> Suzuki EN 125-2A '08 -> Honda CG 125 '04 -> Honda CB600F Hornet '98 -> Kawasaki ZZR 600 '99 -> Kawasaki GPZ 500S '95 (Current)
Theory test passed - 09/02/2012 >>>> Module 1 passed 24/07/2012 >>>> Module 2 passed 24/10/2012

[cheets650]

What Phoenix said

If it's a bonus not part of your t&c's (most likely)

They can do what ever they want - pay it not pay it for whatever reason they like - and don't even have to give a reason

If your not happy I suggest going to work somewhere else