Unauthorised day off = gross misconduct :-(

Undervalued

m1nna wrote: »

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.

As everybody who has responded have indicated your really don't have a leg to stand on here.

All you can do is apologise profusely, promise it won't happen again and hope for the best.

Whilst you have a right not to be discriminated against for your religious beliefs they certainly do not give you carte blanch to ignore the rules! Also, as others have said, rules like this do not need to be specifically spelt out on a sheet of paper. I am sure if you think about it you must realise that there are all kinds of outrageous behaviour that would be likely to get any employee in and workplace dismissed. Nowhere has every possible transgression listed in the rule book!

paddyrg

There probably isn't a written rule about using the bosses office as a toilet, so that's not a strong line of defence.

Apologise HUGELY and sincerely, it's your only option.

TBagpuss

sangie595 wrote: »

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.

Yes, I assumed that that was probably it, but it's not really important, save that like most religious festivals, the date is highly predictable.

Detroit

TBagpuss wrote: »

Yes, I assumed that that was probably it, but it's not really important, save that like most religious festivals, the date is highly predictable.

Actually, for accuracy, with Eid it's not.

Members of my staff didn't know this year until the evening of the day before if it was going to be Eid then or the following day.
However, they booked both possible days in advance and cancelled the day it wasn't.

bouicca21

Eid can vary by up to a day in different countries because it's lunar, that doesn't make it unpredictable.

However I would expect an employer to be flexible about allowing staff to honour religious festivals.

jellie

bouicca21 wrote: »

However I would expect an employer to be flexible about allowing staff to honour religious festivals.

Regardless of how many staff want the same time off and how this affects staffing levels in the business?

RichardD1970

jellie wrote: »

Regardless of how many staff want the same time off and how this affects staffing levels in the business?

Indeed. We had 3 lads who wanted to celebrate.

The one, most devout of the three, booked the whole week off ages ago.

The other two were allowed to be off the clock for a couple of hours to attend the Mosque, dependant on operational needs on the day.

Detroit

jellie wrote: »

Regardless of how many staff want the same time off and how this affects staffing levels in the business?

No. The employer is entitled to impose restrictions to ensure the business needs are met, but policies should be fair and not unfairly disadvantage anyone.
I think not knowing if Eid would be on a Wednesday or Thursday until the Tuesday night makes it more unpredictable than other festivals with set dates. In the same way that Easter is unpredictable. Although people know when this is earlier in the year.
However, as I said, the sensible thing is to book both possible days.

sangie595

I am relatively sure that we won't find the OP back here anyway. They have gone off elsewhere, where the answers are "better". And been told that this is "against their human rights". OMG! Is there no limit to the daft things that people will come up with???

bugslet

bouicca21 wrote: »

Eid can vary by up to a day in different countries because it's lunar, that doesn't make it unpredictable.

However I would expect an employer to be flexible about allowing staff to honour religious festivals.

Then they book two days off. And if, like us, we have a policy of only a certain amount of people off at the same time, some are going to be disappointed and have to turn in.

Religious festivals are a choice not a necessity, if only because you choose to follow a religion.