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Can your boss dock your pay?

The latest salvo in the current academic pay dispute saw Northumbria University threatening to dock the pay of any lecturer who refuses to either set or mark exams. A number of other universities have issued similar threats to their academic staff. One union involved in the dispute, Natfhe, says it will start indefinite strike action if any deductions are made.

So is your boss able to dock your pay? Probably not, says Meriel Schindler, head of employment at law firm Withers. "Britain has pretty strong laws about docking pay going back to the late 19th century," she says.

Section 13 of the Employment Rights Act 1996 states that "an employer shall not make a deduction from wages of a worker employed by him unless the deduction is required or authorised by virtue of a statutory provision or the worker has previously signified in writing his agreement or consent to the making of the deduction".

That means university employers, for example, would needed to have included in every lecturer's employment contract the right to reduce his or her salary by a specified amount in the event that the lecturer refused to set or mark exams. "The more sensible route for an employer to go is disciplinary procedures for failure to carry out duties," says Schindler.

But an increasing number of companies are docking pay or holiday time in an attempt to end Britain's "sick-note culture".

All new staff at Tesco are docked pay for the first three days they call in sick. After the fourth day, pay begins again, and there is compensation for the first three days if their absence has been validated. This is written into staff contracts and follows a successful trial in 2004.

"The policy was introduced after staff complained about covering sick leave," says a spokeswoman for the supermarket chain. "It has reduced absences and has encouraged better dialogue and flexibility when an employee needs to take time off."

Guardian Unlimited © Guardian Newspapers Limited 2006

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