Notification of disciplinary hearing

[tired mummy 10]

My manager is going to go over the dates with me,he,s basically said they have got there facts wrong i,e failure to produce a cert,11 days unautherised.

Acas have told me they have to put dates in question on the letter,so they will have to send this out and postpone meeting until i have recieved this and had a chance to gather my information.also i have a statuary right to time off for dependants.

Just glad my manager and supervisor are in my corner ,i am a good worker an always cover extra work when needed.

My manager said they cant sack me just like that.Hopefully i will be able to come to an arrangement when my mum cant childmind ,like come in while my son is at nursery.

[MobileB 10]

My manager is going to go over the dates with me,he,s basically said they have got there facts wrong i,e failure to produce a cert,11 days unautherised.

Acas have told me they have to put dates in question on the letter,so they will have to send this out and postpone meeting until i have recieved this and had a chance to gather my information.also i have a statuary right to time off for dependants.

Just glad my manager and supervisor are in my corner ,i am a good worker an always cover extra work when needed.

My manager said they cant sack me just like that.Hopefully i will be able to come to an arrangement when my mum cant childmind ,like come in while my son is at nursery.

 

The ACAS advise is very sound. Get the list of dates and clarify what was for what.

 

You are entitled to upto 4 weeks per year Parental Leave which is unpaid but you must give 21 days notice of this unless prior agreement with your employer.

 

You can take "reasonable" time for emergency parental purposes - there are no guidelines to what is allowed other than it has to be emergency (eg your child has been taken sick whilst at school) but you cannot use this for pre-arranged events (eg a visit to the dentist).

[becky_s 10]

Just to be clear - parental leave and dependant leave are completely different. Parental leave is available for children up to five years old and has to be requested in advance. Emergency (unpaid) dependant leave is "reasonable" time off to effectively sort out emergencies. It doesn't necessarily cover looking after your child yourself - only "making arrangements" for the child to be cared for. Therefore, it would only be "reasonable" if you were the only person available to care for your child.

 

If they are disciplining you solely for asserting your statutory right to unpaid dependant leave, though, that could leave you with a sex discrimination claim against them.

 

I presume the letter inviting you to the disciplinary hearing informed you of the potential outcome (i.e. first stage warning... through to dismissal)? They should give you the right to be accompanied to the meeting (work colleague or trade union rep) and let you know any evidence against you in advance. You then should be given the right of appeal against the disciplinary sanction.

 

You need to point out that the absence was not unauthorised - it was taken as per your legal right to do so. Also - you can still make a formal flexible working request (again, its your legal right) and they can only refuse on certain grounds. They do need to hold a meeting with you to discuss the request to avoid being in breach of the Regulations.

[howden 10]

Acutually its says i have never had time off sick "AND NOT PRESENTED A SICK NOTE"

 

Ok, leave you to it.

[steveroberts 10]

Just to be clear - parental leave and dependant leave are completely different. Parental leave is available for children up to five years old and has to be requested in advance. Emergency (unpaid) dependant leave is "reasonable" time off to effectively sort out emergencies. It doesn't necessarily cover looking after your child yourself - only "making arrangements" for the child to be cared for. Therefore, it would only be "reasonable" if you were the only person available to care for your child.

 

If they are disciplining you solely for asserting your statutory right to unpaid dependant leave, though, that could leave you with a sex discrimination claim against them.

 

I presume the letter inviting you to the disciplinary hearing informed you of the potential outcome (i.e. first stage warning... through to dismissal)? They should give you the right to be accompanied to the meeting (work colleague or trade union rep) and let you know any evidence against you in advance. You then should be given the right of appeal against the disciplinary sanction.

 

You need to point out that the absence was not unauthorised - it was taken as per your legal right to do so. Also - you can still make a formal flexible working request (again, its your legal right) and they can only refuse on certain grounds. They do need to hold a meeting with you to discuss the request to avoid being in breach of the Regulations.

 

Phew...no wonder small businesses are reluctant to take on new employees; what happened to employers rights to run their businesses to make sure they meet customer needs, so customers pay them, so they can pay employee wages!

[becky_s 10]

Phew...no wonder small businesses are reluctant to take on new employees; what happened to employers rights to run their businesses to make sure they meet customer needs, so customers pay them, so they can pay employee wages!

 

I suppose that's why it's unpaid leave (to relieve the costs burden) and why the government recently increased the qualifying period for unfair dismissal rights to two years... It's a constant balancing act!

 

Plus employers can still do all of the above... As long as they act within the law!

[MobileB 10]

Just to be clear - parental leave and dependant leave are completely different. Parental leave is available for children up to five years old

 

Unless, of course, the child is adopted in which case it up until they are 18 or 5th Anniversary of their adoption or the child qualifies for DLA .......

 

It's easy really Steve!!

[MobileB 10]

I suppose that's why it's unpaid leave (to relieve the costs burden) and why the government recently increased the qualifying period for unfair dismissal rights to two years... It's a constant balancing act!

 

Plus employers can still do all of the above... As long as they act within the law!

 

I think where employees use the Law as it is was intended then there is not an issue. The problems for businesses arise from the employees who use the Law, particularly on "emergency" leave, not in the spirit it is intended.

 

It is amazing how many kids develop an illness overnight on a Sunday .......

 

Unfortunately you become cynical as a result and it becomes unfair to the majority of parents who then do have genuine need.

[steveroberts 10]

I suppose that's why it's unpaid leave (to relieve the costs burden) and why the government recently increased the qualifying period for unfair dismissal rights to two years... It's a constant balancing act!

 

Plus employers can still do all of the above... As long as they act within the law!

 

Whether they are paid or not is not the issue. If they are not there to support the business (which means supporting customers), then everyone loses (well actually not everyone...a competitor will get the customer who can pay their staff wages because they are there ).

 

I appreciate big business can support such policies because if one person does not turn up for work the impact is minimal...but if the same pro rata % (as a small business) didn't turn up; can you imagine the disruption it would cause to their business!!!

[tired mummy 10]

This is how it stands at the moment,i am being disciplined for unreasonable time off and this is what has been included ,

6 days in may when my son who,s 4 had a very bad case of chicken pox.

 

1 day in july when i had spent all night in the childrens hospital with my child and the day in question,he had dislocated his elbow.

 

5 days parental leave in sept that i put in writing to director of company 6 wks in advance and was allowed after i sent his birth certificate to prove he was under 5.

 

there are no days that i had off sick with failure to produce a cert.

 

in fact my manager said i,d only had 3 days in march for a knee injury and produced a dr cert which he said i did not actually need to.

 

he has the med cert and the person in HR had all the correct info but still sent out a letter thats completely unfair.

 

oh yes it also includes 2 days in jan that i used A/l for, when my dad had a heart attack and my mum could,nt care for my son!! how can my using up 2 days holiday be added onto this ??.

 

My manager says i will just get a lecture on it being bad for buisness.

 

well whenever anyone takes there holiday entitilment we never get cover we all have to pitch in and cover the extra work.

 

It is by far the worst company i have ever worked for,there is no staff moral there whats so ever.

[max 13]

As far as I remember from employment law they should have issued you a verbal warning first, followed by a written warning before any disciplinary hearing.

 

Have you contacted the local Unison office?

[MobileB 10]

As far as I remember from employment law they should have issued you a verbal warning first, followed by a written warning before any disciplinary hearing.

 

Have you contacted the local Unison office?

 

This is not correct. The hearing comes before the punishment!