I’m hoping someone might be able to help on this but I appreciate this is about as off topic as it gets.

I’ve handed my notice in and as I’m customer facing / work from home I’ve not got much to do during my notice period, however I’m still working hard and doing what is required. But I’ve just been told that if I don’t continue to work as much as possible I will have my pay docked. I feel this is being used as a big stick / threat and as I’m home based I don’t have an easy way to prove how hard or not I am working.

The question here is – can they dock my pay just because they believe I’m not working to the level they think I should?

Depends what’s in the contract. If there’s a clause saying they can do that then they can. If the contract is based on performance, hourly/daily rate, etc.

Normally a standard employment contract for an annual salary position, if they think you’re not doing the work then it’s down to disciplinary procedures and eventual sacking. Or if there’s a probationary period then just kick you out the door during that period.

Just having handed in notice I don’t think changes anything.

It would be up to them to prove you weren’t doing any work as opposed to you having to prove you have.

They aren’t in a very strong position to do a great deal as they can’t sack you (unless for gross misconduct) when you are working your notice period.

The contract basically says while on notice period they can terminate my employment and any payment if I do some serious stuff that they outline, but then have a catch all of “this is not an exhaustive list”

I’m more worried about docking my pay than being sacked.

But a contract cannot bypass actual law – they can’t say ‘we’re sacking you because you wore odd socks on a Tuesday and that was one of the things that wasn’t on the list’.

And they can’t just not pay you without sacking you.

It just doesn’t work like that.

They would have to give constructive reasons for dismissal including a structured disciplinary procedure otherwise you could lawyer up and have them for unfair dismissal.

It may just be your bosses a little annoyed you’re leaving and them not wanting to have to pick up some extra work if you slow down.

My work’s contract has a similar clause, it’s there to stop people handing in their notice then going on the sick. Used to be a regular thing before they introduced it. Hand your notice in, go sick for a week. Come back for a day, go sick again etc. No doc’s not required 🙂

Just ask them for a list of the things they want you to do in the remaining time you have with them and get on and do it, then they can’t even try to shaft you.

Johndoh + the following

Ask them is this a standard letter, or do they have specific grounds for concern

Ask for a definition of “work as much as possible”.
If this is reasonable and the work is available, crack on.
If this is reasonable but the work is not available, ask what else one could do.
If this is over and above what was required previously and previously there was no performance issue, then they can’t just dock pay.

I’ve asked for details of what they want me to do but nothing forthcoming yet.

So, they have to go disciplinary before docking my pay?

I would say so yes – they can’t just arbitrarily decide you haven’t worked hard enough – as long as you are contactable and available for work and not refusing to do any *reasonable* work given to you then I don’t see how they could possibly just dock pay.

And as you have already asked them what they want you to do, then it is up to them to tell you now.

So, they have to go disciplinary before docking my pay?

Precisely and they would have to find you reasonably guilty of gross negligence or something else worthy of immediate dismissal. And you could then still take that finding to a tribunal and challenge it. So they would have to be really sure you were bang to rights and not just doing it to claw back money.

You might find this useful:

Pay deductions and the law

Spoke to one of our exec today, turns out they wouldnt and cant do this. He’s a tad annoyed one of his directors is saying this.

I’ll still work as well as possible but the threat was unnecessary and glad I cleared it up.

Tell the idiot who threatened to dock your pay, that you would like written clarification that it won’t and can’t happen.
And if they are feeling generous, an apology would be nice.

(No particular need for this, just for fun)

I wouldn’t cock things up… Just work at a more leisurely pace