We are redrafting our employment contracts, and are considering putting in place a financial penalty, at the company’s discretion, if an employee is absent from work without due cause or notice. I do not mean simply deducting the hourly rate, which we automatically do anyway, but actually levying an additional penalty – subject to the remaining salary confroming to Minimum Wage Regulations. I realise this is extremely unusual but can find nothing in employment law that says we cannot do this. Does anyone know whether or not such a clause would be enforceable?
Graham Dragon
