[Help] ‘Unauthorised absence’

[vegster]

Good people of NSC, bit of advice..

Me this time...

Anyway,

I recently had some time off from work ( holiday ) and on the night I was due to return, my car broke down at 2pm. I normally start work at 8pm. I phoned worked straight away to inform them. I spoke to my boss, and they insisted I come into work, and it wasn’t their problem, and I do get it to some degree. I told them I couldn’t afford to pay for taxis to and from work (£25 each way ) and it was the first night of a 4 night stint, so I requested holiday or unpaid leave for 1 night to give me time to sort my car out and arrange it being fixed, but also to sort out transport for the week. This was refused, and I was threatened on the phone call with being booked in for conduct if I wouldn’t make it into work.

I told them it would be unlikely I would be in, as by the time I was recovered and home, I wouldn’t get any sleep before work firstly, but also, I felt it was unreasonable for me to be expected to work a night shift, then have to get home and spend the day sorting out my car and transport for the rest of the week, all while trying to sleep before going back to the work that night as well.

Anyway, managed to get home at 6pm, told them I wouldn’t be in when I phoned them again and offered to work another night, or take holiday... this was again refused again and warned of the consequences of me not attending work.

I have since been booked in for conduct. Where do I stand? Legally?

Looking at acas under their unauthorised absence policy, they have followed that. Nor from their time away from work policy. Is there anything else you may know that might help
Me? Is there a health and Saftey part, regarding rest period between work, if they know I would have to stay awake to sort out my car. Then travel to work where I operate machinery and work a night shift.

I also stated, that i don’t have the benefit of working during the day where I could make phone calls or receive phone calls while I work, as nothing is open during the night.

I ended up paying £100 for a hire car out of my own pocket to make sure I could attend work the rest of the week. I have gained nothing from this, apart from end up more out of pocket. The money I pay for the 1 night I couldn’t get to work. The hire car. The repair cost etc..

Advice? Thoughts? Just suck it up and I should have gone in regardless?

Thanks again.

Employment contracts are pretty worthless these days, I think you are stuffed because they call the shots. I take it you don't have a Trade Union at your works ?

 

[Bowers-sfc]

Employment contracts are pretty worthless these days, I think you are stuffed because they call the shots. I take it you don't have a Trade Union at your works ?

This isn’t a case of contracts though, just rights... moral or legal/ acas?
I don’t know, but since someone said there could be more to this has got me thinking.

We have a trade union, but I’m not a member. 2 reasons,
It’s frowned upon for management to be part of the union.
Also I’m lucky in the aspect that I have family members at management level who can advise, plus I have good relationships with a lot of other higher grade staff who I can call upon if needed. Only they couldn’t represent me due to their positions if that makes sense?

 

[Questions]

I’m glad I went self-employed in 1983......

The last words I spoke to an employer where...... “Go f*** yourself.

 

[Bowers-sfc]

I’m glad I went self-employed in 1983......

The last words I spoke to an employer where...... “Go f*** yourself.

This was my plan back in March, but due to covid I put plans on hold. Looking to go back to my plan in the new financial year

 

[PILTDOWN MAN]

Having worked nights as a worker and manager it's a difficult one. Sleeping/resting prior to the first night is not easy and for me working on aircraft some might say essential. BA also had it written in contracts of the expectation of living close to work. A few people tried it on who lived 30 + miles away when there was bad weather. I wasn't allowed to "let it go" and had to be seen to deal with everyone equally. Your car breaking down and your offer of leave unpaid or paid does demonstrate your willingness to best sort the issue. The fact this was thrown back, I believe should help you come the disciplinary. Make sure you know the procedures fully, many companies fail to adhere to them.

 

[Questions]

This was my plan back in March, but due to covid I put plans on hold. Looking to go back to my plan in the new financial year

Well good luck with it. It was the best thing I ever did.

As a sub-contractor you still meet ********s but normally you get back out what you put in.
I put as little as possible in nowadays.

 

[DJ NOBO]

I’d email your boss, noting that your absence has gone down as unauthorised.
Acknowledge (but don’t comment on whether you accept ) that decision, but say you want the company to be clear about the actions you took, as you wouldn’t want them to think you were taking the pss.
Then write a chronology of what you did and the responsible decisions you took, including offering to take holiday.
Don’t comment on the parts in which your argument is weaker (like staying up before a shift).
This email won’t change their minds but it means your side of the story is on record, if it is raised again in the future.
Round it off by saying your car is fixed and you want to focus on your job and put it behind you.
Importantly , then keep a low profile for a few months and be good as gold.
It will get forgotten,
And keep your eye out for another job.

PS
If you email, they may email back and you may not like their reply. Be prepared to suck that up and not reply. You don’t want to get into a fire fight that you will lose.

FWIW your employer sounds pretty harsh

 

[dazzer6666]

I guess I’ve been lucky and worked for more enlightened firms.......unless you’ve got a history of not turning up, being late or causing other issues (or they have any other reason for wanting you out), sounds like either your boss and/or your firm are a bunch of knobs. What an awful culture to have to work in.

Giving someone a bit of flex - and treating them like an adult - when they’ve got a genuine issue should be standard practice. Most individuals when treated fairly will go above and beyond when the firm needs it - give and take, basically.

 

[vegster]

This isn’t a case of contracts though, just rights... moral or legal/ acas?
I don’t know, but since someone said there could be more to this has got me thinking.

We have a trade union, but I’m not a member. 2 reasons,
It’s frowned upon for management to be part of the union.
Also I’m lucky in the aspect that I have family members at management level who can advise, plus I have good relationships with a lot of other higher grade staff who I can call upon if needed. Only they couldn’t represent me due to their positions if that makes sense?

I get where you are coming from, my company NEVER mentions Trade Unions but I could join one if I wanted to but that would then mark me down for an early termination despite membership. I suppose as management, you have to be seen to be on the side of the company and not the workers or else you might not be seen as a team player.
Getting back to your situation, I would take it on the chin at this point but actively look for another job, they decided to not to be flexible so it's a bit of a slap in the face. the old saying is " A pat on the back is worth ten kicks up the arse " ... if they had been kinder I bet you would have been working your nuts off to make it up to them.

 

[Bowers-sfc]

Update

So, the first meeting was the investigation, held by my direct line manager. It would be up to the investigating manager if it should
Be put forward for further investigation ( you could say their mind was made up already considering the conversations we had had previously ) anyway, they put the meeting forward for a disciplinary. Admitted in the meeting that because I work nights any shift swaps are noticed more and stuff and basically admitted that because I work night I’m treated differently.

Meeting was meant to be last week, but my rep couldn’t make the day. Also, I wasn’t happy that the manager holding the meeting is quite involved, as they emailed me the day in question, telling me they expected me in work without fail and stuff. So you could say their mind would have been made up prior to the meeting.

Haven’t had a new date yet, but I’m happy this is now going external ( outside of my place of work ) as my manager isn’t in the business at the moment.

 

[sydney]

Huge company ....retail ...?? i'm guessing Waitrose , Morrisons or the like , paperwork would need to be forwarded to HRD and acted upon , it's pen pusher bollocks , so either take it in your stride and or look for a better position if you think you can find one ....HNY

 

[Blue3]

Working for a company comes with responsabiles on both sides the employer must provide a safe place to work, be mindful of its employees health and welfare, pay you the correct amount and on time. The employee must ensure that health and safety is followed and undertake the work they are paid to do they are also expected to arrive on time for work and unless otherwise stated within the contract would generally be expected to make their own provision for getting to and from their place of work.

 

[Bowers-sfc]

Working for a company comes with responsabiles on both sides the employer must provide a safe place to work, be mindful of its employees health and welfare, pay you the correct amount and on time. The employee must ensure that health and safety is followed and undertake the work they are paid to do they are also expected to arrive on time for work and unless otherwise stated within the contract would generally be expected to make their own provision for getting to and from their place of work.

I think you’re missing the point I was trying to make.

 

[Blue3]

I think you’re missing the point I was trying to make.

Two points the first

Without knowing your background such as previous work record, relationship with others at work, length of time in post, what retail work requires a night shift and is the work crucial to the functioning of the buissness during its core hours etc it leaves the reader with only one side of the story, as my first reaction was that your managers response to your request for leave even unpaid was not very sympathetic to put it mildly, so why did your manager respond the way he/she did?

What was it that prompted the discovery that the car failed six ours before you start time on night shift I would have been tucked up in bed at that time.
£25 taxi each way so I assume it's around 10 miles to work with six hours notice could you have cycled?

 

[CliveWalkerWingWizard]

Sounds like your boss is being unsympathetic but the lack of sleep is down to your decision. Your boss saw it that you had 6 hours to get 15 miles. Cycle, train, lift from friends family, bus, even walking would have been options. If this is your first indiscretion suck it up and move on. It is a shame as you have been honest, you could have pulled a sickie.

 

[Springal]

Agreed - maybe it's different work ethics, but if you work in Retail in December as a manager and had car issues with 6 hours to make a short trip but couldn't I would be suspicious to. Especially off the back of a period of annual leave.

You can't really talk about morally what is right or wrong, as it is a matter of fact as per your contract & employee handbook.

However something definitely at play if they are taking it further over something relatively minor.

 

[Justice]

I hear of this all the time my Mrs works in retail and they really do act like dicks over things like this. Considering the pay in retail is notoriously shite they do have a cheek treating people harshly. Trouble is in retail it’s not exactly specialised work so your easily replaceable which doesn’t help the situation and the employer takes advantage of this.

 

[atfc village]

Huge company ....retail ...?? i'm guessing Waitrose , Morrisons or the like , paperwork would need to be forwarded to HRD and acted upon , it's pen pusher bollocks , so either take it in your stride and or look for a better position if you think you can find one ....HNY

Well if it's the one who Sponsered Reading and England Cricket teams in their time . I worked for them for a year after they took over the company i was working for . In the space of that year they had got rid of most of the staff over trivial matters to bring in their own . My card was marked from the start as on one of the training meetings i was asked . How would you approach a customer in store? Straight faced i replied i would push them to the floor and restrain them till the police arrived That went down like a lead baloon,even after i told them i worked nights .

 

[sydney]

Well if it's the one who Sponsered Reading and England Cricket teams in their time . I worked for them for a year after they took over the company i was working for . In the space of that year they had got rid of most of the staff over trivial matters to bring in their own . My card was marked from the start as on one of the training meetings i was asked . How would you approach a customer in store? Straight faced i replied i would push them to the floor and restrain them till the police arrived That went down like a lead baloon,even after i told them i worked nights .

i'm 54 ...i've stopped using humour at work , it's a waste of time and usually just causes grief.... it's all good with co workers but clients are a waste of time usually.

 

[Lower West Stander]

I do get the distinct impression reading some of the posts there is slightly more to this than meets the eye.

I do feel for you if all is as you say but if you are inclined to make smartarse comments in an initial meeting with new management as per your post above, I for one as a manager would not be very impressed.

A full disciplinary and all that goes with it suggests more than your car breaking down the afternoon you were going into work - which to me sounds a pretty lame excuse anyway.

I don't know your circumstances but as a manager too, I'm wondering what else you've done to annoy your employer.

Good luck with it anyway.