Unauthorised day off = gross misconduct :-(

[charitynjw]

Re: Unauthorised day off = gross misconduct :-(

I have worked for the firm for just over 2 years now (1yr temp then perm).
I have never received a contract of employment or any policies which relate to holidays/absences/disciplinary ect.

I asked for a 1 day holiday (2.5 weeks in advance) which was refused, I then filled in a form for 'time out of work' (1 week in advance). I knew this would be unpaid & that I would be 'managed' on my return to work. I have taken time off for appointments before in the same way & this has only been classed an absence & unpaid. So I didn’t think it would be any different & neither was I advised that it may be any different.

Hi m1nna

Have you received any warnings (verbal or written)?

@Anthony72.........lol, crossed posts.

[m1nna]

Re: Unauthorised day off = gross misconduct :-(

I am assuming that you have not had any previous disciplinary actions for any reason?

Was this for the relatively recent Eid celebration? If it was, did you tell your employer what it was for?

Nope, never had any disciplinary.
Yes, it was for the recent Eid celebration & yes I did inform them.

Fair enough it they don't have to grant me a day-off for a religious holiday but I just wasn't aware it would lead to a disciplinary.

Hi m1nna

Have you received any warnings (verbal or written)?

@Anthony72.........lol, crossed posts.

No, no warnings as of yet. Hopefully that's all it will amount to.

[Nomoneynoproblem]

Re: Unauthorised day off = gross misconduct :-(

Hi

Under the Equality Act you cannot be discriminated against on the grounds of your religion. My only question is why did you not seek authorisation in the first instance. In any normal circumstance any reasonable employer would treat on an informal basis. Going down the disciplinary route is a little bit drastic.

[m1nna]

Re: Unauthorised day off = gross misconduct :-(

Hi

Under the Equality Act you cannot be discriminated against on the grounds of your religion. My only question is why did you not seek authorisation in the first instance. In any normal circumstance any reasonable employer would treat on an informal basis. Going down the disciplinary route is a little bit drastic.

I did though, I asked for a 1 day holiday (2.5 weeks in advance) which was refused (limited amount of people off the same time), I then filled in a form for 'time out of work' (1 week in advance). I knew this would be unpaid & that I would be 'managed' on my return to work. I have taken time off for appointments before in the same way & this has only been classed an absence & unpaid. So I didn’t think it would be any different & neither was I advised that it may be any different.

[charitynjw]

Re: Unauthorised day off = gross misconduct :-(

Perhaps the leading authority for absenteeism is International Sports Co Ltd v Thompson* [1980] IRLR 340 EAT.

This gives an indication of how an ET/EAT would view absence due to conduct (as opposed to capacity, eg illness).

It pretty well suggests that, if there is little or no 'previous', the correct course of action by a reasonable employer would be a warning.

Unfortunately, I can't find a link to the case.

From Thompsons solicitors
http://www.thompsons.law.co.uk/ltext/l1310004.htm

Instead, the employer should tell the employee what level of attendance they now expect, the period within which it should be achieved and that dismissal may follow if there is no sufficient improvement (International Sports Co Ltd v Thomson* 1980, IRLR 340; and Lynock v Cereal Packaging Ltd 1988, ICR 670).
The situation should be monitored to see whether absence is reduced to a reasonable level. Further warnings might be appropriate in borderline cases.

*I've seen the name spelt both ways.

[Openlaw15]

Re: Unauthorised day off = gross misconduct :-(

Lol!

They can still use it; it would be for the Tribunal to attempt to look behind the employer's defence.

In public law, Charity, it has to be the real reason for it otherwise the defence will simply not stand. So, it's a question of evidence - if this were not the case any employer could say that. Even if the legitimate aim were a successful it still has to be a proportionate means of legitimising that aim.

[charitynjw]

Re: Unauthorised day off = gross misconduct :-(

In public law, Charity, it has to be the real reason for it otherwise the defence will simply not stand. So, it's a question of evidence - if this were not the case any employer could say that. Even if the legitimate aim were a successful it still has to be a proportionate means of legitimising that aim.

Agreed, Openlaw.

Hence post #20

[m1nna]

Re: Unauthorised day off = gross misconduct :-(

Update: Had the disciplinary hearing yesterday. Received my first written warning.

Thanks for all your help guys. God bless y'all.