Friend not allowed to attend funeral as it's on Xmas Eve!

jumpycheese1

My friend works in retail. Her grandfather died yesterday and the funeral is Christmas Eve. The problem is her employer will not let her to have the day off to attend his funeral. He was the only grandparent she knew as 2 of them died before she was born and the other died when she was a few months old.

She has pleaded to her boss that she needs to attend this funeral and suggested to them that she will work 20th-23rd then 27th-29th with no day off. This has fallen on deaf ears.

If the funeral happened on any other day, she would have been OK to be given the day off paid. But as the funeral is going to be on the 2nd busiest day (1st is the Saturday before Xmas), it's a different matter.

The shop she works for has 150 staff on the books, so not a little shoe shop. She claims that people die all year round and this doesn't get halted because of Christmas. She doesn't belong to a trade union. What can my friend do?

I have attended a funeral on Christmas Eve, about 6 years ago.

tanith

She may have to take it unpaid but I really don't think they can stop her attending as its a close relative..

dmg24

tanith wrote: »

She may have to take it unpaid but I really don't think they can stop her attending as its a close relative..

They can't stop her attending, but they can discipline her if she does. There is no legal right to compassionate leave.

notlongnow_2

i think id be 'sick' on that day.

Auzelia

There is no legislation to allow staff time off to attend a funeral. However, if you refused to allow staff to book a holiday or take unpaid leave (if holidays have already been taken) this could be deemed unreasonable. As a side issue employees are allowed unpaid leave to deal with a family emergency which would cover if they were the relative charged with dealing with a death and the arrangements of a funeral.

dmg24

notlongnow wrote: »

i think id be 'sick' on that day.

I would be careful going down this route, having already asked for the day off.

Would it be possible to suggest a compromise, possibly a half day? I know it is not ideal, but maybe if they can see that she is willing to compromise, they may back down?

I am very surprised that Christmas Eve is their second busiest day.

reehsetin

is she trying with her line manager? maybe speak to the HR department instead?
is there someone who isn't working that day, can she ask them to cover? if they agree the line manager has less of a reason to say no as they would have the same number of bodies

dmg24

Auzelia wrote: »

There is no legislation to allow staff time off to attend a funeral. However, if you refused to allow staff to book a holiday or take unpaid leave (if holidays have already been taken) this could be deemed unreasonable. As a side issue employees are allowed unpaid leave to deal with a family emergency which would cover if they were the relative charged with dealing with a death and the arrangements of a funeral.

Unreasonableness does not make something unlawful in this context.

The employer could argue that emergency leave may be used to arrange the funeral, but not necessarily to attend. IMO it would be pretty sick if they did, but not beyond the mindset of some employers. Also, there would be an expectation that it would be one of the deceased's children that would arrange the funeral, not a grandchild.

nearlyrich

I would find another job that is awful, I know there is a recession on but surely she can find an employer with a bit of compassion. Are people really so uncaring I despair...

chuckley

pull a sickie (they cant actually PROVE she want sick or prove that she asked for the day off! unless they recorded it).

or quit!

what a dreadful employer.

whitewing

Could the funeral date not be changed? How come it is set already (not being funny, just curious as when my nan died it took a couple of days for dates etc to be set).

Edited to say: Didn't mean to be unsympathetic. It knocked me for six when my grandparents died last year. People can be very insensitive if they aren't close to their own family. Could your friend have a quiet word with HR?