advice needed - disiplinary while on holiday? is this allowed?

glenn25_2

hi, just looking for some advice.

ive been working part time for a large nation retail chain for about nine months. 4 weeks ago i took a shift off sick, due to complications with my wifes pregnancy. the following week was the same but i couldnt get through to my department manager on the day, and ended up not informing of my abscence.
i know this is an issue and fully understand why the company may take disiplinary action, but the next 2 weeks i was on holiday which had been booked and confirmed since august 2008. during the time i was away on holiday, i had a letter calling me to attend a disiplinary meeting - again while i was on holiday. obviously having not received the letter i did not attend.

since not attending the meeting a voicemail was left on my homephone saying in no uncertain terms that unless i contacted them within 48 hours i would face dismissal. as before, i was not around to pick the message up so did not respond. there has been no attempt from them to contact me since, and im c not sure where i stand right now.

are they allowed to do all this knowing full well im on holiday?
will is still get paid my holiday pay?

i have not contacted the company since returning from holiday, and have no intention of doing so either as i fell completely uncomfortable at going into work and meeting them not knowing where i stand or what i should be saying. not knowing if i have a case to fight the way the disiplinary was dealt with in the space of 20 days of holiday.

any help or advice would be appreciated

silkyuk9

Well, when you took time off and did not inform your manager, surely there is a supervisor you could have informed, or even another member of staff you could have told to pass on the message of your absence.

Regarding your holiday, If you are away how on earth can you attened a meeting, surely your manager knew you had a planned holiday as he would have done the rotas prior.

There seems to be a lack of communication, not just from you but from your manager and supervisor and other members of staff, whether you informed them im not sure.

I wouldnt imagine they could call you in for a meeting if you are away unless it was for some gross misconduct or something very serious.

Im sure you are in a union and they will help you if anything is not right.

But, surely you could have left a message with someone in your firm telling them your wife is very poorly and you are not coming in due to that fact, if they knew that im sure there would not be problems now.

System

dont know about the holiday/discaplinary problem but it sounds like you rang in sick when you actually werent [your wife was] and the next week for whatever reason you went awol as far as your employer is concerned.

Smi1er

glenn25 wrote: »

ive been working part time for a large nation retail chain for about nine months. 4 weeks ago i took a shift off sick, due to complications with my wifes pregnancy. the following week was the same but i couldnt get through to my department manager on the day, and ended up not informing of my abscence.

So the first time you took time off sick when you weren't sick:rolleyes: If you wanted time off urgently due to your wifes pregnancy issues then you should take emergency holiday or unpaid leave.

The second time it happened you didn't tell your boss, or a supervisor or a colleague so at least a m,essage could be passed on:rolleyes:

Do you see the problem now? Do you see that you have to accept some responsibility for the lack of communication?

I would get on the phone to them and explain all (in a nice calm manner)

silkyuk9

Smi1er wrote: »

So the first time you took time off sick when you weren't sick:rolleyes: If you wanted time off urgently due to your wifes pregnancy issues then you should take emergency holiday or unpaid leave.

The second time it happened you didn't tell your boss, or a supervisor or a colleague so at least a m,essage could be passed on:rolleyes:

Do you see the problem now? Do you see that you have to accept some responsibility for the lack of communication?

I would get on the phone to them and explain all (in a nice calm manner)

if a close family member is really ill, and im sure your wife was as you say, you were proberly entitled to carers leave of family leave, especially if you have any other kids, but you have to communicate to your emplorers.

glenn25_2

hi, thanks for your replys.

i fully understand why the disiplinary action is being taken, due to as you say going "awol" in my employers eyes. and am happy to take responsibility for the action i choose to take. at the time the phonecall to work was the last thing on my mind. and yes i do have 2 young children, but again what leave i was or was not entitled to take has gone now. theopening paragraph was more a little background info as opposed to being something i felt was wrong.

my main in enquiery is to weather or not i would have any grounds to appeal the dismissal, (although ive not had it put in writing yet, just a threat on the telephone) on the basis that i was not able to attend the disiplinary, as i knew nothing about it. due to being on holiday which had been authorised long in advance.

thanks

ali_p_4

you need to contact your employer to discuss the situation. If you put in a holiday request that should have been logged in their wages department as well as your manager receiving your holiday request. They should have been aware that you were off and not expected you to attend during that holiday. Any tribunal or grievance process would fail to allow lawful dismissal on these grounds. However you still have to hold your hands up to the other count. Bye the way i used to work for a certain no 1 supermarket and trying to get through on their absence line was a nightmare it was never answered during the night or messages rarely got passed on, so I sympathise with you on that one.:)

doom

I would certainly appeal the decision, it sounds ridiculous that they could moan about your lack of communication, but then proceed to hold a disciplinary and sack you without you knowing - they knew you were on holiday. They should have waited until you returned to work and then started the disciplinary proceedings ....

on a side note though, I don't think there is any excuse for not informing of absence. Just because you can't get through to your manager doesn't mean you can't leave a message with someone at your work. If they say that's not good enough, then you need to tell them that it actually IS good enough because the manager is not always available when you phone ....

glenn25_2

thanks again for the replys. hands are held high in the air, i have no problem with taking responsibilty and facing the music.

holiday form was authorised and returned to me clearly marked with it all confirmed.

as for the phone call, obviously looking back if i knew what was to follow i would have left a message, but at the time i just thought i would call a little later.
also we were clearly told from day one that the employee only (not spouse parents etc) was the only person who could make the phonecall regarding abscence and the manager on duty or store manager was the only person this message could be given to.

again, thanks for everyones replys.

Wookey

May also be a clause in there contracts which does not allow anyone to go on holidays whilst on sick leave, ie if you where of sick for whatever reason and then went on holidays they would consider that you are still on sick leave, last place i worked you had to turn in if only for 1 day to prove you where not sick or submit a line to say you where fit for work again.

LittleVoice

If they had sacked you they would have written. But if you continue to not get in touch with them they may well do so.

If you work part-time for that employer, do you work elsewhere too? If you don't, isn't your job rather necessary with another child on the way. Get in touch now!