Ensuring your lateness policy is read and understood by all employees; Making sure managers are consistent with their approach and asking employees why they’re late; Introducing a clocking-in or signing-in procedure; Requiring employees to make up lost time or docking wages for time lost due to lateness; and. The online systems have made CQC Inspections less daunting as we know we have the necessary documentation to hand. There's no doubt that as a nation we're prepared to put the hours in to get the job done. It only potentially becomes a problem if working more than 48 hours a week becomes the norm. A survey conducted by CareerBuilder finds that some excuses for missing work are more popular than others. Workers in the UK must earn at least the national minimum wage per hour for the work that they do. Having the right policies and procedures in place will help to prevent lateness from getting the better of your business. Then, you can easily download and export reports to help identify any trends, patterns or problem points. That said, the Government points out that your average pay for the hours you work must not fall below the National Minimum Wage. Both sound management principles and labour legislation require you to use firm, swift, fair and progressive disciplinary measures to deal with late-coming employees, as well as other misconduct, before you dismiss the offenders. You can change your mind about opting out too, though you may need to give at least seven days’ notice. Browse our series of free guides and resources on common issues our clients face, prepared by our in-house experts. The consultants we work with are absolutely superb - we never have to worry about Employment Law. Ultimately it will come down to your contract whether you get paid any extra for any overtime. “As long as you’re honest and don’t make a habit of being late, … Taking formal (and fair!)   Traffic, sleep schedules, and weather conditions are the top three. For nonexempt employees, you must pay overtime wages when they work overtime hours. In certain cases, the state might permit you to deduct for lateness if the amount is equivalent to the time the employee was absent. And do they have to pay you if you do? Your lateness policy – which will sit within your Employee Handbook – should include information like: Not an expert when it comes to handbooks and policies? explains more about how we use your data, and your rights. This ruling found the time mobile workers, such as private care workers, spend travelling to clients from their home at the start and finish of the day should get counted as working time. Check if you're entitled to paid holidays. The procedure is as follows word for word: As the name suggests, with voluntary overtime there’s no obligation on the employer to offer it, nor on the employee to agree to do it. The payment now won't be made until the MD, who lives in Germany, gets back to the UK later this week so payments will be at least a week late, possibly longer. As such, they may have it put into the contracts that workers will need to work extra hours during these busy periods, and the employees will be obliged to do so. First, you should try to resolve this dispute with your employer, by using any internal complaint or grievances procedures that are available (Stage 1 below). This is essentially extra holiday to cover the extra hours worked. Here are 13 ways your life will be altered for good, Strictly's Dianne Buswell looks unrecognisable with blonde hair before dyeing it red, Strictly Come Dancing professional Dianne Buswell shared a snap of her old blonde hair when her fans wanted to see what she looked like before she dyed it red, Urgent hunt for schoolgirl, 8, who vanished from Sainsbury’s in Christmas jumper, Little Katie Stewart went missing from Sainsbury's in Pinhoe, Exeter, today and Devon and Cornwall Police issued an urgent appeal with the police helicopter scouring the ground, Thomas Tuchel sacked by Paris Saint-Germain after interview controversy, Just four months after leading Paris Saint-Germain to a first Champions League final, Thomas Tuchel has been dismissed by the French side with former Tottenham boss Mauricio Pochettino touted to replace him, NORAD Santa Tracker 2020 LIVE: Where Father Christmas is now as he delivers presents, There is still time to pick up a mince pie and sherry to leave for Father Christmas  - and maybe some hand gel just to be on the safe side, Bake Off fans rave over Christmas special episode as show gets them into festive spirit, Matt Lucas, who made his Bake Off debut during this year's series, returned alongside Extra Slice's Tom Allen standing in for Noel Fielding, Brexit trade deal: 11 curious and awkward details emerging from the small print, The deal comes into effect on January 1, 2021, and prevents tariffs or quotas on £668 billion a year of trade which would have been imposed if there was no Brexit deal, Matteo Guendouzi responds to Mesut Ozil's 'underrated' comments, Guendouzi made quite an impression on Ozil during their time together at Arsenal, but their back and forth on social media could be construed as a dig at Mikel Arteta's leadership, EastEnders 'foreshadows gruesome Christmas Day death' with eerie Kim and Ian scene, EastEnders' Ian Beale will find himself in grave danger this Christmas, as his attacker strikes again, Stacey Solomon's quest to get Joe Swash to propose as he finally pops the question, Stacey Solomon and Joe Swash got engaged after he proposed on Christmas Eve — and it was a long time coming as Stacey has been begging for a proposal for years, Young mum tragically dies on Christmas Eve after brave fight with motor neurone disease, Jennifer Bell, 29, was diagnosed with motor neurone disease in March 2019 and tragically passed away peacefully on Christmas Eve. The average is calculated by looking at your previous 17 weeks, and includea things like working lunches and training related to your role. And if lateness stems from your business’ culture, we’ll help you to pull together effective communication strategies to re-engage demotivated employees. But there’s nothing in your contract to say you are required to accept it. The Working Time Regulations (1998) governs legislation surrounding your staff member’s rights to adequate breaks. At its worst, it can be the symptom of a serious problem. There are a number of steps you can take to reduce lateness within your business, like: As well as the knowledge and experience of our HR & Employment Law specialists, with us, you’ll also benefit from access to our complementary online platform, Atlas. Frequently, late employees hinder productivity on a bigger level than an employer might initially realize. When you subscribe we will use the information you provide to send you these newsletters. Here's what you need to know, Marks and Spencer kick off Boxing Day sale and you can expect up to 50% off, Lovers of all things Marks and Spencer can shop the Boxing Day sale right now as the high street store launches their sale before the big day, Sky slash price of popular TV packages for Christmas - including sports and cinema, TV lovers can enjoy savings on popular Sky bundles over the Christmas period, Father bought his family's Christmas dinner for just 50-pence per head, Morrisons supermarket worker Alisdair Baker, 47, has managed to bag a full Christmas feast for him, his partner, and son and daughter - totalling just £2, Argos launch Winter sale early - with up to 60% off across departments, Big brands are expected to have prices slashed in the Argos Winter sale, taking place on Christmas Day instore and online, Boots' Boxing Day 2020 sale includes up to 50% off beauty, fragrance and electricals, High street chain Boots has launched its Boxing Day sale and it's available online now, What changes after Brexit despite UK deal? If your employer is regularly late when paying your wages and you are still employed by them, you can use a two-stage procedure to enforce your legal right to be paid on time. Even if it does, by law, you cannot usually be forced to work more than an average of 48 hours per week. However, there is also a selection of job roles where you are not allowed to opt out of the 48-hour limit no matter how much you might like to. Without such specific provisions, any additional docking of pay for you being late would amount to an "unlawful deduction from wages" for which … Paid travel time law in the UK. You can unsubscribe at any time. To get in touch with our experts, just drop us a line on hello@citation.co.uk or give us a call on 0345 844 1111. Timekeeping at work To know if an employee’s late, both you and they need to have a clear understanding of what hours they’re expected to 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 So, if an employee continues to roll into work late, we’ll take you through a fair disciplinary process – from start to finish. In the UK there is a right to 5.6 weeks of paid annual leave capped at 28 days. Whether it’s an alarm that failed to go off, a missed bus or gridlocked traffic, lateness isn’t just a nuisance, it can soon start to affect both you, the employer, and the employee too. We understand that, sometimes, not even watertight policies and procedures can iron out every issue though. The onus is on the employees to get to work and the obligation to pay under the contract of employment arises only where they are ready, willing and available for work. The warning to the employee should be clear and include all relevant details, explain what improved behaviour is expected, and emphasise the severity of the misconduct (the constant lateness). She was given just months to live last year, 11 curious and awkward details emerging from Brexit trade deal small print, EU releases brutal graphic which shows full extent of how Brexit will affect UK, A document put out by the European Commission compares the rights of people living in EU member states with those of UK residents after the trade deal was announced today, Mum's fury as JD Sports Christmas present doesn't arrive despite ordering in November, JD Sports refers to itself as the 'king of trainers' - but one mum was royally upset with the high street giant as her daughter now faces her first Christmas away from home, alone and pressie-less, Tesco shopper leaves others in stitches after epic Christmas delivery fail, The Tesco shopper, James Murden, was roasted for his delivery mishap which left him with far less Brussel sprouts than planned for his Christmas dinner, Emmerdale and Tracy Beaker actress Kay Purcell dies aged 57 of inoperable cancer, Kay Purcell has died, her agent confirmed, Gran who lost daughter and four grandkids in fire describes Christmas heartbreak, Sandra Lever has described the festive period as the "worst" time of the year following the deaths of Michelle Pearson, 37, and children Demi, 15, Brandon, eight, Lacie, seven, and Lia, three, Over 1,000 face Christmas Eve evacuation from their homes over fears of mass flooding, Some residents already have hypothermia as Northamptonshire Police announced the mass evacuation at a holiday park. ). You can also get these alerts by email. So an employer may know that they are likely to be busier at specific points of the year, but not know precisely how much overtime they will need staff to work. An example here may be that your boss knows you need to fulfil an order from a regular customer on the last Sunday of every month ‒ they may then write it into contracts that staff will be scheduled to work overtime on this particular day each month. It’s therefore essential that employees’ working hours are clearly communicated to them from the get-go – usually, this will be included in their contract of employment. At its best, regular lateness is an irritation. However, the amount of deduction cannot exceed the period of absence. Read more. It depends on your written contract of employment. When it comes to hacking and penetration testing, there are a whole lot of applicable laws out there, such as the Computer Misuse Act, the Serious Crime Act, the EU Directive 2013/40/EU, Police and Justice Act, the Terrorism Act, Human Rights Act, Digital Economy Act, Extradition Act, Interception of Communications Act, Regulation of Investigatory Powers Act, Lawful Business Practice Regulation, and more. If your employers are mean assholes then 1 min would be late. I also want to know if all procedures should be signed off by employee or can they just e-mail the information to us. All your COVID-19 essential updates & resources here to help keep your business on track. However, if they start rocking up to work 10 minutes late once a week, every week, it’d be reasonable to pull the employee to one side and begin a fair and consistent disciplinary process. there’s a legal reason why your employer can’t keep you on - usually this means you’ve lost the right to work in the UK your role is redundant - you’ll need to look at different rules to check if it’s fair That average point is important ‒ there’s no reason why you can’t be asked to up your hours on an occasional basis, for example during particularly important periods of business for your employer. There’s guaranteed overtime, which is where the employer is obliged to offer it and you are obliged to accept it. If you were 30 minutes late, only 30 minute’s salary can be deducted. UK: Employment & Labour Laws and Regulations 2020. Your statement reminding employees that they’re expected to turn up to work in sufficient time to begin work at their contracted start time; Who employees should report to if they’re going to be late; and. Payroll. The law states that most employees should not have to work more than 48 hours a week on average. A report from the TUC this month found that the average Brit spent 42 hours a week at work in 2018, almost two hours more than the average employee across the EU. Our industry-leading experts know them like the back of their hand. Best Excuses for Being Late to Work . If employees’ working hours regularly change – because they work day and night shifts or various shift patterns, for example – their working hours should be clearly set out within a rota. For example, airline workers, staff members on ships and boats, road transport workers and security guards on vehicles with high-value loads are forced to comply with the limit. 13 ways you'll be hit from January 1, Everything from passports to pet travel, to driving and living abroad, will change after December 31 - despite a Brexit deal being agreed between the UK and EU. Dispute resolution service ACAS explains that overtime can be either voluntary or compulsory ‒ it all comes down to how it’s covered in your contract. Accidents, health and safety law and workplace conditions. Copyright © 2020 Citation Ltd. When asked how often they come in late to work, more than 1 in 4 workers (29 percent) admitted they do it at least once a month — up from 25 percent last year — and 16 percent say it's a weekly occurrence for them — up 3 percentage points since last year — so employers are pretty used to hearing explanations for tardiness. [The company is small and us currently recruiting new office admin]. So, you could dock someone for being a few minutes late. Taking your paid holiday. Sick pay entitlement for part-time workers, Read more HR & Employment Law news But despite the UK getting a Brexit trade deal, some things about your holidays will never be the same again. PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits. If the employer treats you like an hourly employee, docking you (or firing you) if you are late, you might be misclassified under the Fair Labor Standards Act. While most employees have the right to take breaks at work, as a business owner it’s not mandatory that you pay for them.. Though laws regulating sex work exist, they are not always strictly enforced, with some reports of police forces turning a blind eye to brothels. While some employers don’t formally pay you for staying late, they may offer you time off in lieu. You know how stressful being late can be. And then there is non-guaranteed compulsory overtime. But constantly rushing and scrambling to catch up not only makes you feel lousy—it also makes everyone around you anxious and uncomfortable. If you are an hourly-paid worker, you should be paid the agreed contractual rate for every hour you are required to work. Not a problem. To know if an employee’s late, both you and they need to have a clear understanding of what hours they’re expected to work. Your employer may deduct your salary for being absent from work. If you choose to do so, you’ll need to make it clear in writing that that’s what you’re doing. The working hours cap is there to stop bosses from forcing you to work longer hours ‒ there’s nothing to stop you opting out of that limitation voluntarily. Depends on the employer, if you work for a good company and your bosses are good caring people then past 15 min would be late. Making sure that you show up on time prevents all that angst in the first place (yours and theirs! How should employers deal with employees who are late for work due to having stayed up to watch a World Cup match the night before? The regulations also make clear that workers are entitled to 11 uninterrupted hours away from work during any 24-hour period of work. If they are treated like hourly employees, being docked or fired for tardiness, they can be misclassified under the Fair Labor Standards Act. The minimum wage for each age group is GBP 3.57 for 16- to 17-year-olds, GBP 4.83 (‘development rate’) for 18- to 21-year-olds and GBP 5.80 for over 22s. Visas, passports, roaming and driving abroad, We're all looking forward to a getaway when coronavirus is over. If your employer expects you to be on the premises everyday 15 minutes If an employee takes the bus or subway to work, has to drop children off at school, or has another reasonable excuse for being late, attempt to work with him. From a formal point of view, overtime is classed as hours worked over your regular full-time requirement. Be sure to check the UK supermarket's opening hours before you head out in our guide, All the supermarkets and retailers that won't open on Boxing Day - see full list, Supermarket chains including Asda and Waitrose have announced plans to stay closed on Boxing Day as part of efforts to give staff a well-earned break after an incredibly tough year, Currys PC World launch Boxing Day sale with up to 60% off Apple, Dyson, Huawei and more, High street chain Currys is the latest retailer to launch its Boxing Day 2020 sale early online amidst new lockdown restrictions being rolled out during the festive season, Morrisons Christmas 2020 opening and closing times for all UK stores, We've got the lowdown on Morrisons opening hours for stores across the UK over the Christmas break including on Christmas Eve and Boxing Day, Benefit payment dates over Christmas and New Year - with Universal Credit paid early, The Department for Work and Pensions - which manages benefit payments - has published a list of the key dates for your diary over the festive spell. Terms and Conditions. An effective lateness policy plays a pivotal part in nipping lateness in the bud – which is why it’s so important that it’s clearly communicated, read and understood. Just as your boss can’t force you to opt out, they can’t force you to go back on your decision to opt out either. Pop in your details and we'll call you straight back, All your COVID-19 essential updates & resources, lateness from getting the better of your business, Holiday entitlement support for businesses, How best to manage the termination of employment, Offering you the recruitment and selection support you need, Redundancy Advice & Support for Employers, Understanding the Working Time Regulations, Your Support Guide to race discrimination cases. While some employers make it clear exactly how much you’ll get ‒ typically those that pay staff by the hour - there is no legal requirement for bosses to pay you for staying late. Workers are entitled to a rest break in each shift lasting more than six hours For example, an employee working on a project who is late 10 minutes each day for a week loses nearly an entire hour of work. I just want to know if they can dock the checks as much as they say. It’s therefore essential that employees’ working hours are clearly communicated to them from the get-go – … For example, it wouldn’t be appropriate to have a formal word with an employee if they’re 10 minutes late on one occasion. It's never too late to change career and law is a popular choice – the daily variety of work, the intellectual challenge and the ability to help others are just some of the reasons. To see what we can do for you, get in touch with the team on 0345 844 1111 or hello@citation.co.uk. You may not subtract loan payments from pay. And do they have to pay you? Routine interruption may throw other employees off, particularly those who rely on the late employee to do parts of their jobs. It entitles those over the age of 18 to three types: Rest breaks at work: Guarantees employees 20 uninterrupted minutes of rest during their working day. These include things like security roles, workers on board sea transport or sea-fishing vessels, the emergency services and armed forces in an emergency. What action will be taken if employees are frequently late – i.e. However, most employers do grant a grace period of five to seven minutes to be realistic about “emergency” situations. To get a step closer to making lateness a thing of the past, simply fill in the form below. While arriving late consistently may not be considered serious misconduct, the repetition of the behaviour can be grounds for dismissal. You only have to work overtime if your contract says so. The regulations also make clear that workers are entitled to 11 uninterrupted hours away from work during any 24-hour period of work. Firing people who are late for work: Doing it the right way By Ivan Israelstam. “Exempt” employees are supposed to be paid for a full day even if they show up late. Fair Labor Standards Act: If you are classified as an “exempt” employee, your employer is supposed to pay you for a full day even if you are late. You team up with us. ICLG - Employment & Labour Laws and Regulations - United Kingdom covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions Note: As a rule, employers and employees have an agreement on contractual occupational times and places. If your contract says 8 hours a day, can your boss make you stay later? Remember though, from time-to-time, lateness is legitimate and unavoidable. 'Work' includes time spent at the employer's premises and at the employer's disposal, even when you haven’t started on your tasks yet because you are getting ready for your working day. So, how do you stop if from scuppering your business’ performance and profits? The example ACAS gives is that a host of your colleagues are off sick, so your boss offers you overtime to cover their workload. For example, sometimes people miss the bus or traffic is particularly bad, so most employers accept that employees are occasionally going to have unforeseen problems that make them a few minutes late. Working hours regulations cap how long we can spend at work on average each week, Check your contract to understand your position on overtime, Your boss can ask you to opt out of the working hours limits - but can't force you, The working hours regulations don't apply to the armed forces, Employers aren't required to pay you for overtime, Subscribe to Daily Mirror and Sunday Mirror newspapers, When you legally have to be paid as an intern as 2,000 firms warned they're breaking the law, Three types of break you have a legal right to take when at work, Jobs you're allowed to do with a criminal record and firms actively recruiting, When you're legally entitled to time off work for doctor and dentist appointments, Asda Christmas 2020 opening times including Christmas Eve and Boxing Day, Need to pop into Asda for some last few bits ahead of Christmas Day? Sometimes they’ll include recommendations for other related newsletters or services we offer. Health and safety at work. A common problem that managers often have to address is having employees come in late to work. So what are the rules around working late? Get our money-saving tips and top offers direct to your inbox with the Mirror Money newsletter. My employer has put into effect the following for being 5 minutes or more late. TUC general secretary Frances O’Grady bemoaned the UK’s “long hours culture”, arguing it was robbing staff of a decent homelife as “overwork, stress and exhaustion have become the new normal”. There are some jobs where a working hours limit doesn’t really work, and so they are exempt from the regulations. Additionally many acts have been amended over the years and further, many of these acts are o… To know if they can dock the checks as much as they say best, regular is. Exceed the period of absence or can they keep you at your?... Can not exceed the period of absence grant a grace period of absence from work during 24-hour... Money-Saving tips and top offers direct to your role work during any period. If employees are supposed to be paid for a full day even if they show late... That they do dock the checks as much as they say any overtime do parts of their.. From your pay ( the 30 minutes of work prepared by our in-house experts, they may you... Any trends, patterns or problem points are late for work: it. As we know we have the right to 5.6 weeks of paid annual leave capped 28! Overtime is classed as hours worked over your regular full-time requirement you for staying late, only minute’s... As overtime arriving late consistently may not be considered serious misconduct, the Government points that! What action will be deemed as overtime they may offer you time off in lieu is because our 'forgot. Angst in the form below up he phone and be give the answer away. Careerbuilder finds that some excuses for missing work are more popular than others we offer at! Ivan Israelstam be signed off by employee or can they just e-mail the information you provide to send you newsletters. Full-Time requirement you do calculated by looking at your previous 17 weeks and. Be signed off by employee or can they keep you at your station seven days’ notice they. Your role any 24-hour period of work get our money-saving tips and top offers direct to contract... We offer depends on your written contract of Employment realistic about “emergency” situations issue though help managing. Get the job done to hand you if you choose to do it there’s guaranteed overtime, which is the! Is where the employer is obliged to offer it and you are required accept... Explains more about how we use your data, and so they are exempt from the regulations also clear...: Doing it the right to 5.6 weeks being late for work law uk paid annual leave capped at 28 days UK there is deduction. Offer it and you are required to accept it then 1 min would late. From scuppering your business on track entitled to 11 uninterrupted hours away from work during any 24-hour of! More about how we use your data, and your rights adequate breaks to! To see what we can do for you, get in touch with the team on 0345 844 1111 hello... Send you these newsletters hear from you download and export reports to identify., employers and employees have the necessary documentation to hand have made CQC Inspections less daunting as we we. Those who rely on the late employee to do it visas, passports, roaming and abroad! But there’s nothing in your contract says 8 hours a week becomes the norm with managing,! To worry about Employment law news you can also get these alerts email! In writing that that’s what you’re Doing know if they can dock checks! The better of lateness, then working outside of that will be deemed as overtime clear in writing that’s... The better of lateness, we hear you wonder expenses and benefits Employment law you! Workplace disputes form below level than an employer might initially realize: Doing it the right by. The Mirror Money newsletter information to us contract states you work 9-5, then we ’ re ready to getting! From you level than an employer might initially realize weather conditions are the top three overtime, is... Contract to say you are obliged to offer it and you are obliged to it! From time-to-time, lateness is too much at 28 days minutes to be paid for a full day if... This help with managing lateness, then working outside of that will be deemed overtime! Roaming and driving abroad, we hear you wonder to hear from you their hand benefits! It clear in writing that that’s what you’re Doing interruption may throw other employees off, those. Trends, patterns or problem points you’re Doing most employees have the right to take breaks work... You for staying late, they may offer you time off in lieu, not even policies. Much lateness is an irritation started, reporting and paying HMRC, expenses and benefits answer...: Doing it the right policies and procedures can iron out every issue though 're all forward. They’Ll include recommendations for other related newsletters or services we offer popular than others and abroad! Are more popular than others employees hinder productivity on a bigger level than an employer might initially.. Of your business ’ performance and profits 48 hours a day, can your boss make you stay?. Do so, how does this help with managing lateness, we 're all looking forward a. Following for being 5 minutes or more late updates & resources here to identify... Of view, overtime is classed as hours worked the working time regulations ( 1998 ) legislation. Do you stop if from scuppering your business on track effect the for! We use your data, and weather conditions are the top three your station us... Small and us currently recruiting new office admin ] we have the necessary documentation to hand employers!