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Unauthorised day off = gross misconduct :-(

Hi guys, newbie here! :-)

Long story short - I recently took an unauthorized day off work. I took this day off as it was a religious festival.
I have now been advised this will result in a disciplinary for possible gross misconduct (which could lead to dismissal).
I initially assumed this would be treated as an absence which would be unpaid (as on previous occasions but for diff reasons).

My honest case is - I have never been given any documentation which has outlined what would constitute as an absence or what could trigger a disciplinary.

Do I have a sound enough reason?
What advice may you guys have?

God bless y'all.
«13456

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 46,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Let's get this straight ...

    You tried to book a day's leave and the request was turned down? But you took the day off anyway?

    Or you just didn't turn up for work one day?

    Whichever it was, did you notify them on the day that you weren't coming in?

    and what have you done on the previous occasions?

    Whichever it was, if you take time off which hasn't been authorised then you shouldn't be surprised by a disciplinary. and yes it could be gross misconduct.

    You're not in a union, presumably?
    Signature removed for peace of mind
  • sangie595
    sangie595 Posts: 6,092 Forumite
    I agree. I am fairly positive that nobody in their right mind needs "paperwork" to understand that you are expected to attend work on a working day, so simply deciding not to will have consequences. Or that doing so would be considered a disciplinary offence. Why you took the day off is not relevant, so no, you do not have a sound enough reason. There is never a sound enough reason for being absent without authoritisation. The fact that you may have not been disciplined for it previously is a reason NOT to do it again, not a reason to do it again!

    My advice would be to start looking for another job, and grow up - these are things that shouldn't need explaining to anyone.
  • bugslet
    bugslet Posts: 6,874 Forumite
    Obviously I don't know what job you do, but say one of my drivers doesn't turn up. I think that he's busy driving to Aberdeen to deliver the spare part that's caused a factory line to shut down, losing several thousands of pounds. Turns out he isn't, customer gets understandably angry, never get work from him again. This is why absence needs to be authorised, it has consequences for someone somewhere.
  • I have to be honest - I work in HR, and yes, if someone didn't turn up for work and it was unauthorised, then it would lead to a disciplinary (incidentally, I wouldn't try to rely on not having been given documentation - you are likely I would imagine to be pointed at an intranet/ paper copy and told it was your responsibility to make sure you were aware of company policy, and I think you'd struggle to say that you thought you could have days off whenever you wanted) and probably to dismissal, especially if it had happened before. There's no right to time off for religious observance, so I'd be adopting the approach of being VERY sorry, appreciating it was unprofessional and seeing if they're prepared to give you another chance.

    Sorry if this comes across as harsh - but I think you need to consider your approach carefully here if you'd like to keep your job. Just out of interest - did you try to book it as leave?
    Proud to be debt free September 2014. :j

    Sisu.
  • usefulmale
    usefulmale Posts: 2,627 Forumite
    Religion is a private matter. Don't bring it to work or expect anyone else to accommodate you and your beliefs.
  • robatwork
    robatwork Posts: 7,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Just use the words "discrimination" and "bullying"

    You'll be in line for £1000s.


    Or, as was suggested, grow up a bit.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    robatwork wrote: »
    Just use the words "discrimination" and "bullying"

    You'll be in line for £1000s.


    Or, as was suggested, grow up a bit.

    For the sake of clarity, the first two lines of this post are, I am sure, intended to be sarcasm. Given an OP who isn't aware that you are supposed to attend work, they might not realise.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Taking time off without authorisation is a disciplinary matter. And if you had first requested the time off, then took it anyway when your request was turned down, then that makes it worse, as you effectively deliberately and knowingly disobeyed clear instructions from your employer, which they are likely to take very seriously.

    Whether it is gross misconduct depends on you employer, and perhaps also on the circumstances - whether you lied, how serious the consequences of your unauthorized absence were etc.

    You mention that the absence was for a religious festival - most major religious festivals are on known, predictable dates, so normally it would be reasonable to book well in advance for a date which is important to you - and also to recognise that if the day is one which a lot of your colleagues are also likely to want off, either because they share your religious beliefs or because the date coincides with something else which is popular (e.g.start of school holidays) that you may not always be able to have the date you want.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • sangie595
    sangie595 Posts: 6,092 Forumite
    TBagpuss wrote: »
    Taking time off without authorisation is a disciplinary matter. And if you had first requested the time off, then took it anyway when your request was turned down, then that makes it worse, as you effectively deliberately and knowingly disobeyed clear instructions from your employer, which they are likely to take very seriously.

    Whether it is gross misconduct depends on you employer, and perhaps also on the circumstances - whether you lied, how serious the consequences of your unauthorized absence were etc.

    You mention that the absence was for a religious festival - most major religious festivals are on known, predictable dates, so normally it would be reasonable to book well in advance for a date which is important to you - and also to recognise that if the day is one which a lot of your colleagues are also likely to want off, either because they share your religious beliefs or because the date coincides with something else which is popular (e.g.start of school holidays) that you may not always be able to have the date you want.

    I am guessing, given the timing (this was hardly Christmas!) that we are talking about Eid. That's the only recent major festival I can think of. Not that it matters which one it is.
  • ACG
    ACG Posts: 24,249 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    When I worked for a bank about 7 years ago, I called up and asked for the following day off work. They said no. I pretty much said I will not be in tomorrow then, and took the day off.

    I had a disciplinary and was fully expecting to get sacked, however I was well thought of in the company and had never put a foot wrong in 3-4 years. They decided to let me off with a warning on the basis that they just said no and that it was obviously important to me and so should have tried to work with me to find a happy medium.

    I would not bank on walking out of that meeting with your job in tact. Personally I think if you have been there for a couple of years and been fine since day one you may come out with a final warning. I would get your defence together, ie I have been here for x years, never off ill/late/no warnings, x promotions, awards etc etc.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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