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

RichyRich

Some thoughts:-

As others have rightly said, there is no legal right to compassionate leave, either paid or unpaid, and no guarantee of being able to take holiday when you want it.

That said, looking at the situation practically, unless she already has a shocking disciplinary record, they can't sack her for not going to work one day. They can discipline her, yes, but there is NOWAYa tribunal would uphold a dismissal for one day's absence.

If it was my grandparent, come hell or high water I'd be at the funeral.

I would also suggest that your friend joins a trade union, one that's recognised by her employer would be useful, but if they don't recognise unions USDAW would be a relevant one. Even if not recognised, your friend has a LEGAL RIGHT to be accompanied by a TU Official at a disciplinary hearing.

cazziebo

Because of the time of year, it wouldn't be wise to change the funeral. If it's not Christmas eve, you're then into two bank holidays then a weekend.

To be honest, I think the OP is in a horrible situation and I don't doubt her facts. In another life, I was a retail manager and the number of sickies, funerals, disasters that happened to people on Christmas eve and boxing day, the busiest days in the year. I had one guy who had a funeral every Christmas - in Ireland - so had to take both off. We were joking that surely he had no family left, but lo and behold, his mother got married on Christmas eve the following year so he was off again.

dmg is right as always. There is no right to time off for funerals, and this does not qualify as emergency leave. If the OP takes the time off unauthorised, she will probably be disciplined, but highly unlikely she'd be dismissed. It's also highly unlikely she'd be the only one on unauthorised leave.

If it was me, I'd take the time off.

maman

I'd be inclined to keep negotiating right up until the last minute (asking for compassionate leave, cover, alternative days to work etc) but make it clear to HR that you intend to go to the funeral and will take unpaid leave if no other solution could be found.

As other poster said you can't be sacked for 1 day's absence but

P.S. Don't want to be nasty but are you absolutely certain this is genuine??

Raksha

How long has she worked for this particular company, and what is her record like up to now? If she's not worked there for 6 months, then they could dismiss her for mis conduct if she didn't show up for work.

liney

Does her contract cover compassionate leave? And how long has she worked there for?

I wouldn't have asked for the time off, knowing a request for Christmas Eve would be refused at my place of work (although for a funeral i think they would bend the rules!) I would have have informed them "I would be unable to attend work on 24th December as i am attending my Grandfathers funeral" straight to the main man. BUt my contract covers compassionate leave, and i have been employed much longer than a year so i have some "protection" already in place.

I think she should telephone HR this morning at 9am.

redz

dmg24 wrote: »

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

Why? That's when us blokes do all our christmas shopping.

wendyphant

I would keep negotiating up until the last and then it would be a sick day when asked why sick i would say STRESS they can not prove or disprove it

SomeBozo

There is no statute in law that allows for people time off to attend funerals. Some employers have a policy that allow staff time off for these such occasions but these are down to the complete discretion of the employer.

Bozo

judy2357

Perhaps it would pay to have a word with someone at Acas, they would be able to give you all the relevant info.

jumpycheese1

Thanks for the replies. My friend did contact the HR dept at head office to explain the situation. As she has been working for the company for 4 years (1.5 years of this was p/t) and had half a day off sick, she is entitled to PAID leave. My friend's manager is on his last warning. He has a habit of making his employees very uncomfortable. For example, he expects his employees to finish at 10pm, to be at work the following day at 5am.

He would get his marching orders and P45 pretty soon as my friend logged a complaint as if the same situation happened. Plus hates anyone who is part time or has worked part time. Retail work has many part time workers. He shouldn't be in a management position if he hates part timers.