Can Employers Dock Your Pay For Working From Home?

Employees who decide to continue working from home could see a deduction in their wages, even though the level of work they produce remains the same.

That’s according to rumours swirling, after a number of US corporations have introduced post-pandemic pay policies – and a cabinet minster suggested the same should happen in the UK.

Facebook and Twitter have already told US employees their salaries will be adjusted if they choose to work remotely and live in a lower cost area. Now, it’s been reported that Google has launched an internal pay calculator, allowing workers to see pay adjustments based on location.

Google’s internal calculator, seen by Reuters, is supposedly designed to enable employees to see the effects of a house move, but concerns have been raised that it’ll be used to alter the pay of existing, long-distance commuters.

The UK government has now dropped the pandemic demand that individuals must work from home where possible. Instead, it now recommends staff to safely return to the workplace.

So, could UK remote workers have pay docked, too?

Earlier this week, an unnamed cabinet minster suggested that civil servants who refuse to return to the office, after working from home throughout the pandemic, should have their pay penalised.

“If people aren’t going into work, they don’t deserve the terms and conditions they get if they are going into work,” the senior minister told the Daily Mail.

Dave Penman, general secretary of the FDA civil service union, described the comments as “insulting”.

“What should matter to ministers is whether public services are being delivered effectively, not where individual civil servants are sitting on a particular day,” he told PA.

What does this mean for UK employee rights?

Doreen Reeves, a senior employment lawyer at Slater and Gordon, warns employers they could face legal challenges when making drastic changes to staff salaries – which is ultimately good news for employees.

“An employer should be careful making detrimental changes to an employee’s salary which would amount to a change to terms and conditions of employment,” she tells HuffPost UK. “If the change is by mutual consent, it is not likely to cause legal or practical problems as an employee may be willing to consent to a change in salary in exchange for home-working.

“However, if the employer unilaterally imposes a change to the agreed rate of salary or other financial benefits, it will amount to a breach of contract.”

If your employer docks your wages without your agreement, you may have a claim for “unlawful deductions from wages”. If you resign over this, you could also bring a claim for constructive dismissal. “However this claim is only available for employees with two years’ service,” Reeves says.

“Salaries are not means tested but are based on skill, experience and qualifications,” she adds. “If an employee is required to take a pay cut as a condition of home-working or flexible working arrangements, an employer should consider the discrimination risks as employees working from home should not be treated less favourably than a comparable employee.”

A Google spokesperson claimed the company would not deduct money from an employee’s salary based on them deciding to work remotely full time – if this is in the city where the office is located. Workers based in the New York City office will be paid exactly the same as those working remotely from another location in New York. However, Google did not address the concerns for commuters in areas like Stamford, Connecticut, outside of New York City.

Share Button

Labour Would Give Employees Legal Right To Work From Home

Dan Kitwood via Getty Images

Labour deputy leader Angela Rayner has said all workers should be allowed to enjoy the benefits of home working even once the Covid pandemic was over.

A Labour government would give employees a legal right to work from home, deputy leader Angela Rayner has announced.

Under a new package of reforms, all staff would also also be granted a “right to switch off” to avoid being contacted via phone or email by bosses outside working hours.

Rayner said that Labour would place on duty on employers to provide “flexible working” from day one of employment, where there was no reason a job could not be done with varying hours or remotely.

The shadow secretary for work said all workers should be allowed to enjoy the benefits of home working even once the Covid pandemic was over.

Home workers would also be encouraged to join trade unions to allow them to continue to collectively organise on terms and conditions of work.

The right to flexible working – including flexible hours, staggered hours and flexibility around childcare and caring responsibilities – was aimed at ensuring “work fits around people’s lives instead of dictating their lives”, she said.

Among the changes the party wants to see is flexibility around school runs for parents, as well as childcare during school holidays.

Labour is also calling for the end of “one-sided flexibility” that currently benefits bosses, so all workers have secure employment and regular and predictable working.

Anadolu Agency via Getty Images

Commuters, most of them continuing to wear face masks, at Waterloo station

Unions would be granted greater access to workplaces, including to home workers, t”o ensure fair flexibility for all is delivered through a collective voice for all staff, including those who are working flexibly or remotely”.

“Labour will make flexible working a force for good so that everyone is able to enjoy the benefits of flexible working, from a better work-life balance to less time commuting and more time with their family,” Rayner said.

“The ‘new normal’ after this pandemic must mean a new deal for all working people based on flexibility, security and strengthened rights at work.

“The right to flexible working will change our economy and the world of work for the better, stop women losing out at work or even dropping out of the workforce altogether, end the sexist assumption of Dad being at work in the office and Mum looking after the kids at home and improve the lives of millions of workers.”

Boris Johnson pledged in the 2019 Conservative manifesto to make flexible working the “default” but appears to have shelved the plans along with an Employment Rights Bill.

Last month the Prime Minister’s spokesperson said: “We’ve asked people to work from home where they can during the pandemic, but there are no plans to make this permanent or introduce a legal right to work from home…It is important to stress that there are no plans to make working from home the default, or introduce a legal right to work from home.”

The TUC has found that 82% of workers want to work flexibly (87% for women workers), whereas the most popular form of flexible working, flexi-time, is unavailable to over half of the UK workforce.

Some 30% of flexible working requests are turned down because staff do not have a statutory right to work variable hours. The UK ranked 24th out of 25 countries on how often job demands interfere with family life.

Two-thirds of working mothers lack childcare during these summer holidays, and before Covid only 3.6% of eligible fathers took shared parental leave.

Share Button

Twitter Tells Staff They Can Work From Home Forever, But Would You Want To?

HuffPost is part of Verizon Media. Click ‘I agree‘ to allow Verizon Media and our partners to use cookies and similar technologies to access your device and use your data (including location) to understand your interests, and provide and measure personalised ads. We will also provide you with personalised ads on partner products. Learn more about how we use your data in our Privacy Centre. Once you confirm your privacy choices here, you can make changes at any time by visiting your Privacy dashboard.

Click ‘Learn more‘ to learn and customise how Verizon Media and our partners collect and use data.

Share Button

How To Work From Home And Actually Get Sh*t Done

HuffPost is part of Verizon Media. Click ‘I agree‘ to allow Verizon Media and our partners to use cookies and similar technologies to access your device and use your data (including location) to understand your interests, and provide and measure personalised ads. We will also provide you with personalised ads on partner products. Learn more about how we use your data in our Privacy Centre. Once you confirm your privacy choices here, you can make changes at any time by visiting your Privacy dashboard.

Click ‘Learn more‘ to learn and customise how Verizon Media and our partners collect and use data.

Share Button