got back today asked if they could take them off my holiday they said no lose three days pay and possibly have a dicsiplinary as this was unauthorised absence where do i stand legally
2007-01-02 02:06:47 · 30 answers · asked by Anonymous in Society & Culture ➔ Holidays ➔ Other - Holidays
sorry forgot to mention that was told two weeks before christmas if we worked hard and got eberything up to date there was a good chance we could have christmas off, so got everything up todate, boss asked us to put our requests in of what days we wanted then was told the week before that no one could have it off as too many wanted the same days, I took them anyway as I thought it was very harsh to dangle a carrot and then take it away
2007-01-02 23:48:45 · update #1
As with all the other answers you don't have a leagl position on this, I did the same with one of my employees today, the company has no legal obligation to pay you for time you have taken off without prior agreement, hence the point in your contract that outlines how much notice you should give prior to taking any holiday paid or un-paid, also please note at this point even sick pay is paid at the companys discretion as my employee found out today also, unauthorised holiday is a real pain in the *** as it means some-one else has to pick up whatever it is you were supposed to be doing leaving a shortfall somewhere else, or somebody having to do theirs and your work which is unfair, being a production manager I appreciate this more than most as when someone decides there gunna throw a sicky or take unauthorised time off I have to then do what I have set out for them plus my own work which sucks. So go home and feel lucky that your going back tomorrow and think twice before doing it again
2007-01-02 02:22:10 · answer #1 · answered by ? 2 · 0⤊ 0⤋
They are right, why wouldn't they be ?
Its not a legal matter, its a contract issue.
Its up to you to ask for time off and give reasonable notice for the request to be considered, not just assume you can take it because you ran out of time at year end.
Absence without permission is normally a verbal disciplinary action. However persistance or other factors could make is serious enough for a written warning or termination.
shame but they are the rules of most employers.
expecting to be able to not turn up is like saying your job is not that important and they can do without you......oh dear, maybe you've given them an idea....
2007-01-02 02:17:08 · answer #2 · answered by Michael H 7 · 0⤊ 0⤋
You don't have a leg to stand on, there is no excuse for not phoning in and letting them know what you would like to do.
Its just common sense and its courteous.
Legally they don't have to give you the holiday when YOU want it, sorry.
Apologise and tell them it will not happen again, maybe they will just let you off with the disciplinary.
Good Luck.
2007-01-02 02:11:32 · answer #3 · answered by Neo 2 · 1⤊ 0⤋
You stand in the wrong. You did not notify your employer you would be absent, no matter what the reason. You acted very impulsively as well as immaturely and selfish. The employer was left in a bind. They have every right to initiate disciplinary action against you.
Peace.
2007-01-02 02:11:28 · answer #4 · answered by -Tequila17 6 · 1⤊ 0⤋
Your contract of employment and staff handbook will contain details of the companies policy on how and when holidays ought to be booked and taken. It seems clear from your question that you neglected to refer to your contract/handbook when making the unilateral decision not to go to work as required. Your actions are likely to be, at best, a breach of contract and at worst, gross misconduct. In these circumstances there is no legal defence to your behaviour.
2007-01-02 02:31:47 · answer #5 · answered by paul h 4 · 0⤊ 0⤋
You don't stand anywhere legally. You cant just take off without telling someone. Holiday time left over or not you have to go through the proper channels to take the time off. It is unauthorized leave, your luck they aren't firing you!
2007-01-02 02:10:33 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Unfortunately you have nowhere to stand, you should have phoned in and asked to take the time as holiday leave, sorry you have lost pay and will get disciplined.
2007-01-02 08:40:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Legally you stand EMPLOYED. A wonder you did not get the sack. Not calling in was quite out of order.
That Cheeky Lad
2007-01-02 11:54:33 · answer #8 · answered by Charles-CeeJay_UK_ USA/CheekyLad 7 · 0⤊ 0⤋
legally they are right and you was wrong. you should have phoned in sick or booked it off as leave beforehand. Its wrong not to show up for work and not phone in. you should know you would get into trouble.
never mind lesson learnt. Doubt you will lose your job over it unless you have done it before. just learn by your mistake.
2007-01-02 02:13:20 · answer #9 · answered by 90210 aka Hummer Lover 6 · 0⤊ 0⤋
I dont know about where you work, but I can have all the time in the world saved up, but I still need to let them know I'm taking off.
2007-01-02 02:09:25 · answer #10 · answered by Jon S 4 · 1⤊ 0⤋