Lateness and Deductions from Wages (Stores)

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Prior to 2007, exception codes used to classify lateness were UA200 (unplanned unpaid absence).   Since then, it has been established that there are no facilities within a Tesco employee’s contract to allow such deductions to be made as well as being contrary to the Partnership Agreement. Therefore, exception codes used to classify lateness are now PA300.  Lateness is not included in the absence level calculation, nor does it warrant a deduction of wages.   However, lateness is an issue of conduct and is dealt with via the disciplinary procedures where all steps to rectify the problem have been exhausted ie Next Steps, amendment of hours etc.  Official Communication from Usdaw June 2009:  Lateness and Deductions from Wages   It has recently been bought to our attention that in some stores staff that are late to work are having money deducted from their wages. The Union is clear that this should not be happening as lateness at work should be dealt with as a conduct issue, not through financial penalties.  There is no facility within a Tesco emp|oyee’s contract or the Tesco and Usdaw Agreement which would allow for such deduction from wages.  The law states that the only deductions which employers have an absolute right to make are those which are required by legislation such as income tax and national insurance contributions.  Under the Employment Rights Act 1996, employers must not make any other deductions from wages unless:  * It is a relevant provision of the contract.   * The employee has given written permission for the deduction to be made.  Once again, staff should not have money deducted from their wages for lateness and there is no facility within the Tesco contract for the Company to do this. lf this is happening within your store, then we would strongly advise you talk to your manager and/or Area Organiser in order to help resolve the matter.