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Unauthorised day off = gross misconduct :-(
Comments
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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.
The unpredictability is very limited - but as you say, if it's somethign which is of vital importnce to you you plan ahead for the potential slight variation.
It's reasonable for an employer to make adjustments where practical but I think in OPs case the fact they wanted the tile of for a religious festival is a red herring - the issue is that they took the time off without authorityAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
usefulmale wrote: »Religion is a private matter. Don't bring it to work or expect anyone else to accommodate you and your beliefs.
Well no its not just a private matter, its part of who you are. All sorts of "private" matters are brought to work - people discuss families, holidays, hobbies, football politics. It would be very off if they weren't. People also need time off for these "private" things, and the problem with the OP is that he didn't follow the correct procedure hence why they are in trouble. A good employer will make reasonable adjustments to accommodate religious observance where possible.0 -
Holy day for the Muslim religion is a Friday ... do these people take off every Friday and work every Sunday instead?
Thought not. So why should they get special privileges for the festival of Eid?0 -
Having time off for a religious festival should be treated no differently to someone wanting time off for a music festival or simply wanting a day off for no reason at all.
So it should be booked well in advance and following the employers procedures. If your unsure of when exactly you need off then book extra days if it's that important!.0 -
Holy day for the Muslim religion is a Friday ... do these people take off every Friday and work every Sunday instead?
Thought not. So why should they get special privileges for the festival of Eid?
Some might. At my last place of work we worked 4 on 4 off days and nights, and had the majority of our holidays as flexible.
One of the Muslims did in fact use his flexible holiday to book every Friday he was scheduled to work where it clashed with the Mosque times (only maybe one or two a month depending on how the shifts fell).
And I haven't seen anybody saying they should get special privileges, in fact quite the opposite and that the OP is in the wrong.0 -
However I would expect an employer to be flexible about allowing staff to honour religious festivals.
Well you may "expect" it but there is no law that requires them to do so.
It is actually the other way round, they must not discriminate against them because of their religious beliefs. However I see no suggestion here that is happening. With very few limits an employer can dictate when an employee can take their holiday. If they were showing far more flexibility to followers of one religion then those of other faiths (or no faith) may have claim.0 -
OP doesn't say how long they have worked for the company ... if it's under 2 years then one suspects that the likelihood of dismissal may be higher.0
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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.
I have just done a search for "Date of Eid" and it came up with a list to 2022. I accept that it varies, as does Easter for the Christian calendar. I can't accept that the actual date wouldn't be known well in advance. It is a major festival for the religion and can't be planned for in 24 hours.
In direct response to the OP's question. If holiday was refused and then taken anyway, it is certainly misconduct and a definite candidate for gross misconduct.0 -
Holy day for the Muslim religion is a Friday ... do these people take off every Friday and work every Sunday instead?
Thought not. So why should they get special privileges for the festival of Eid?
I don't think it is a case of special privileges just for Eid, some employers will try to accommodate people of whatever religion having time off work. For example I used to work at a call centre which operated 7 days a week, one man that I worked with was a Christian and had every Sunday off.0 -
Interesting though this all is - and actually, those Eid calendars are "best guesses" since the sighting of the moon is the actual process by which the date of Eid is determined, so it literally can move if it is cloudy!.... the point is that the OP took a day off without authorisation. It doesn't matter whether it was a religious festival, Glastonbury, or a day trip to Blackpool. You don't take a day off when you are scheduled to work, unless it has been booked and authorised. If you do then you are inviting a disciplinary.0
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