where will this end?

euronorris

andygb wrote: »

By only quoting one line of Zazen's post, you are taking it totally out of context. You have failed to mention the preceding points, about the employee threatening to go off sick unless they were given the time off.
That is the most important point here, that people think they can blackmail their employers into doing something, and then cry "foul" when their ill thought out plans are rumbled.

Well, Zazen also did the same to my post, but hey ho.

Also, it was not taken out of context, as the point I am making is that it is not our place to comment on whether the illness is genuine or not.

I do try to keep my 'quotes' small though. Simply to try and ensure that the thread doesn't get too bogged down with repetative information. After all, if anyone wants to see the full post by Zazen, they only need to scroll up.....

jdturk

The company will do an investigation and find out from there, we don't know then your ex came back but it would be worse if she came back exactly when her holiday was due to end.

It doesn't look good but if she does have a dr's note she may end up with a formal warning but I can't see her being dismissed.

However I would tell her not to be so silly as to tell her bosses what she said

Uncertain

rupee99 wrote: »

If I were in your partners position I would not file a grievance at the moment, there is plenty of time to do so once the hearing has taken place and quite frankly from what you have said it is additional stress she can do without.

Good luck

Difficult call that one......

Sometimes attack can be the best form of defense - but not always.

The fact that she is only intending to work there for another few months then go abroad strengthens her position. She is not dependent on them for a reference. Maybe getting sacked then screwing a payoff out of them becomes more attractive?

Sometimes it can be less stressful to be in the driving seat rather than responding to their moves. But only she knows what works best for her.

jazzys

Vader123 wrote: »

This all sounds fishy to me too.

I am suprised that ACAS is surprised.

Is this summary correct?

1) You booked the holiday before getting the leave booked off work.
2) She asked for the leave and was refused as it was at Xmas
3) She then said "I will take it as sick then"
4) Got signed off by the doc
5) Still went on holiday.

I can see why the employer would suspect something.

I can't see how someone can put up with the stress of holiday arrnagements, flights, the children, yet can't make it to work.

I would check ACAS have the full version of what happened and take it from there.

Vader

Actually no, your summary is incorrect. I flew to the uk with our son, she didn't go anywhere on holiday with us. And for those who were wondering why i booked a holiday before she knew if she could get time off work, it was primarily because we wanted to see our daughter who lives with her mother in the uk, on her 18th birthday.

I actually found out another detail last night that i didn't know.

She knew she was ill and reaching breaking point (regardless of us coming back) and had asked if she could have the time off as holidays rather than go on the sick, so that she didn't lose the first 3 days wages like she would if she'd gone on the sick. Money is tight in her house and 3 days wages is a lot to her.

She visited her doctor again yesterday and he was furious they had discredited his note for her.

She didn't fall off on the sick when we arrived, she'd had a week off beforehand and she returned to work when her note ran out, not when we returned home.

Hope thats a little clearer, although no doubt someone will still want to hang her

Jazzys

aj2703

jazzys wrote: »

Hope thats a little clearer, although no doubt someone will still want to hang her
Jazzys

Oh don't worry some moron will come along and spout the usual dribble without actually reading your posts properly.:rolleyes:

Apolonation

If there was no witnesnesses nothing can be done.

Its the managers word against your ex partners.

Either way. Even IF this would stand up the medical exemption overides this discussion. Unless the supermarket want to accuse the doctor of gross incompetence which I'm sure they don't.

thorsoak

Your partner worked for a supermarket. It is pointed out to staff when they start - and is reiterated throughout the year - that holidays will not be allowed to be taken during the month of December. Fact.

andygb

Apolonation wrote: »

If there was no witnesnesses nothing can be done.
Its the managers word against your ex partners.
.

I am afraid to say, that this is very often the attitude of someone who has cheated, lied or broken the law.
Unfortunately the OP's partner seems to have been rather "loud and proud" of announcing the fact, that if she was not given the time off, then she would simply go off sick.
This is the whole crux of the matter, and to be perfectly honest, someone who does that deserves little sympathy.

euronorris

Andy - Have you actually read the OP's posts fully?

You appear to be picking and choosing the facts to suit your theory.

jaffacakes82

jazzys wrote: »

She visited her doctor again yesterday and he was furious they had discredited his note for her.

Hmm and no doubt she didn't bother to tell her GP that she had been refused leave and told her Employer she would get signed off sick instead?

Seriously OP, you can go to the heavens and back regarding personal circumstances and 'but this' and 'but that' however all of this mess comes down to the fact that she TOLD HER EMPLOYER she would go sick if not given holiday leave.

I'm sorry but it's just not allowed and as someone else mentions, she deserves little sympathy for that, nobody wants to work at Xmas, I can't believe she didn't think this would come back to bite her.

It's unlikely she'll actually get fired, the Employer has to be seen to not letting Employees take the mick like this. All she needs to do is apologise for threatening to take unauthorised absence and take whatever warning... does it really matter if she's leaving in June anyway.