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Sacked with no Warnings after 13 months service?

13

Comments

  • I think you need to speak to an employment lawyer.

    Post your bullet pointed timeline of what happened on here

    redundancyforum.co.uk
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • Savvy_Sue
    Savvy_Sue Posts: 47,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tawecdl wrote: »
    What is the maximum allowance for sick leave within one year.
    there is no 'maximum allowance for sick leave'.

    In some companies, you'll get a certain amount of sick leave on full pay, and a certain amount of half pay - we start at two weeks of each for the first year, going up to a max of 3 months plus 3 months after 3 years.

    In other companies, you'll get nothing but Statutory Sick Pay, which isn't paid for the first thee days of each period of sickness. There's a limit to how long that can be paid, but doesn't sound as if you were anywhere near that.

    You should be paid for untaken leave in your final holiday year, but I don't think your company have to pay you for leave you haven't taken in previous holiday years, because you failed to take it.

    So, when does your leave year start and end?
    Signature removed for peace of mind
  • tawecdl
    tawecdl Posts: 1,095 Forumite
    I've been Money Tipped!
    leave year started in December 2011 and it would end in Sep 2013 as the year changed to birthday to birthday throughout my employment. I was paid for my untaken holidays.
    :j
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    So have they agreed to pay for your holidays? How many holiday days are you entitled to? If you have taken only 1 official day off in the first 12 months, did that agree that you could put them forward to the next year, or did they consider that you failed to take them? If so, do you have proof that you asked for time off and was denied? Is there a policy about how much notice you have to give for holidays to be allowed?

    On one hand, taking 15 days off (so 3 weeks) in 8 or 9 occasions is a lot. It could lead to putting the company at risk and why this could be considered gross-misconduct. The fact that you are not the main carer or your child is not helping you as although it is nice you wanted to help your ex, it wasn't a great idea considering your position with work.

    On the other hand, if you've been denied the chance to take holidays, and they refuse to pay for these, you might have something to fight for. It might be a case of having to defend yourself that you failed to ask for these days enough in advance, if that indeed is the case each time, and/or if they have a policy stating clearly that this is a requirement.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Oops, just read your last message and picked up that you were paid for the holidays. Was this after the disciplinary decision? I assume so.

    In the end, you've learnt one of the most crucial lesson: that if your boss to get rid of you for whatever reason and you give him one to use, you will be in trouble. You have to either behave in a way not to upset your superior, or if you do, make sure they can't fault you against any of their policies.
  • yvonne13_2
    yvonne13_2 Posts: 1,955 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP going forward what are you going to do for work?
    It's better to regret something I did do than to regret something that I didn’t. :EasterBun
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    DId you appeal on the grounds that the absences were authorised and approved and you would not have taken the time off if not approved.
  • OP are you in a Union?
    i would be asking them for advice on this matter tbh
    credit card bill. £0.00
    overdraft £0.00
    Help from the state £0.00
  • tawecdl
    tawecdl Posts: 1,095 Forumite
    I've been Money Tipped!
    I will attend a CAB tomorrow about this, thanks for all your help... I am actively seeking work and currently on JSA :(
    :j
  • tawecdl wrote: »
    I only have children on weekends so they are not my dependants but my previous partner was ill (a few times) so I was doing her a favour really.

    The absence were mainly unpaid leave in the way that I asked my manager if I could leave to look after kids and he said ok.

    Some were authorised absence where I self certed or got a doctors note.

    I was shocked mainly because I was given a pay rise for good performance at work, then when the work died down they got rid of me the first instance I was off sick and got a cheaper replacement.

    What is the maximum allowance for sick leave within one year.

    So are you saying some was not authorised?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
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