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employer not allowing me to go for interviews

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13

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  • SeduLOUs wrote: »
    You're stating it as fact. What if the staff member mentioned an interview, then changed their mind and decided to be the model employee and rearrange their interview and come to work, but then genuinely fell ill on the morning in question and phoned in sick accordingly.

    You're just speculating what happened by assuming they weren't ill and attended an interview elsewhere.

    If you sacked someone over something you 'thought' might have happened instead of investigating thoroughly and obtaining actual proof, or gave a reference that resulted in the employee not getting a job when you have no evidence for the claims you are making, then you could end up in very big trouble.

    Chances are the employers assumption would be right.

    Don't utter the work 'interview' when asking for time off...
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    BoJangles wrote: »
    Chances are the employers assumption would be right.

    Don't utter the work 'interview' when asking for time off...

    Tribunals don't make decisions based on 'chances', and tend to err on the side of the employee. If employee insists that they did not attend an interview and were in fact curled up in bed sick, then the employer would be requested to present his evidence that this is not the case and likely lose a lot of credibility when all he has is 'chances' and hearsay.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    SeduLOUs wrote: »
    Tribunals don't make decisions based on 'chances', and tend to err on the side of the employee. If employee insists that they did not attend an interview and were in fact curled up in bed sick, then the employer would be requested to present his evidence that this is not the case and likely lose a lot of credibility when all he has is 'chances' and hearsay.

    I'd ask the person ringing asking for the reference. Is this in regards to the interview my employee went to on Saturday the 7th November? Yes. Okay no further comment bye. You've said I'm not allowed to mention that he went on unauthorized leave and you've said I can't give a bad reference so can I say no comment to everything instead.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    HappyMJ wrote: »
    I'd ask the person ringing asking for the reference. Is this in regards to the interview my employee went to on Saturday the 7th November? Yes. Okay no further comment bye. You've said I'm not allowed to mention that he went on unauthorized leave and you've said I can't give a bad reference so can I say no comment to everything instead.

    I haven't said those things. You can give any reference you want as long as it is factual and those facts can be demonstrated to a tribunal if necessary.

    But why bother with the potential HR/admin nightmare of a claim and possible tribunal when you can just tick some boxes and wave goodbye to the staff member in question?

    Cutting off nose to spite face springs to mind!
  • SeduLOUs wrote: »
    Tribunals don't make decisions based on 'chances', and tend to err on the side of the employee. If employee insists that they did not attend an interview and were in fact curled up in bed sick, then the employer would be requested to present his evidence that this is not the case and likely lose a lot of credibility when all he has is 'chances' and hearsay.

    I'm not saying that this would even go as far as a tribunal, the employer may very well drop the issue but the employee is likely to lose all credibility over it. Easier all round if the employee doesn't mention the reason for the day off in the first place!
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, I would advise against pulling a sickie - as others have said, it is dishonest, and even if your employer does not chose to pursue it as a disciplinary offence it will effect how they see you and how cooperative they are in future with any requests you may may.

    Next time, simply book a day / half day off. There is no need to tell your employer it is for an interview.

    This time, ask the BOI if they can reschedule.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    SeduLOUs wrote: »
    I haven't said those things. You can give any reference you want as long as it is factual and those facts can be demonstrated to a tribunal if necessary.

    But why bother with the potential HR/admin nightmare of a claim and possible tribunal when you can just tick some boxes and wave goodbye to the staff member in question?

    Cutting off nose to spite face springs to mind!
    That's just it I don't want to lose the employee.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    HappyMJ wrote: »
    That's just it I don't want to lose the employee.

    But the employee wants to leave! If they don't get this job they'll just go for the next one so it's only a matter of time.

    If you were part of the reason they didn't get the first job (whether directly by giving bad references or indirectly by refusing requests for time off) then just how motivated and effective do you think they are likely to be whilst continuing to work for you until something else crops up?
  • daytona0 wrote: »
    I think this is a bit dramatic in honesty. Not everyone hates "liars", especially in situations like this! OP has tried to be reasonable with the employer and they didn't reciprocate. The "lying" would be in order to pursue their own goals. It would show a level of ambition and determination to some people!

    That point aside, it is unlikely to end up as gross misconduct. Remember but OP could wake up on that day GENUINELY ILL. What does he do then? Go in and stink up the work toilet until he gets sent home? Nah you ring up and say that you're too sick to work! How can a company possibly justify sacking a genuinely ill person under gross misconduct? It is a huge gamble for them to take...

    OP, you can help yourself by booking in a GP appointment and getting some "proof" of visiting. Maybe get a prescription or a signed letterhead etc.

    One person I worked with pulled a sickie with dry eye! They were asked to prove it so they brought in a prescription receipt for over the counter eye drops! :beer: I haven't needed to pull a sickie with this current employer because they give me time off (and I make the hours back).
    The employer is entitled to ask for proof and if not provided given the information provided I would argue they would have a decent case of GM based on lack of trust.

    The OP made a mistake in telling the employer what the day was for!
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • sangie595
    sangie595 Posts: 6,092 Forumite
    daytona0 wrote: »
    I think this is a bit dramatic in honesty. Not everyone hates "liars", especially in situations like this! OP has tried to be reasonable with the employer and they didn't reciprocate. The "lying" would be in order to pursue their own goals. It would show a level of ambition and determination to some people!

    .


    I haven't come across many employers who would agree with you. A level of ambition and determination might be shown by being willing to attend an interview even at the risk of ones job if the employer knows that they have taken unpaid leave or some such thing. I would be interested to know how many employers would be impressed by "this person claimed to be sick, didn't come in to work and then we found out that he wasn't sick so we sacked him". Very few I suspect. Employers have enough concerns about sickness absence - real or imagined - without taking on an employee who they know for a fact has taken a sick day when they were not sick. The reason for taking a sick day isn't relevant - unless they are sick. And how do they find out? In this case they do so because the OP's employer knows they have an interview, knows it is on that day, and presumably also knows who it is with. Easy to make a phone call to HR - I am sure they will be more than willing to confirm whether or not the person was at the interview - for the reasons already stated. And that is game over. Lying about being sick may well net you a dismissal - and the potential employer finding out about the lie will mean the same thing.


    If one if going to lie, and I am not advocating it at all, then never leave a trail of breadcrumbs to the lie - keep your mouth shut, don't mention the interview and go off sick. If you get caught then that's the risk you take. But the risk is much more substantial if the employer already knows that you have an interview the day you coincidentally go off sick.
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