[Help] ‘Unauthorised absence’

[SeagullinExile]

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.

Your boss sounds like a **** tbh.

Personally, If I was that desperate for someone to make work, I'd pay for a cab for the first shift and try and find cover for any more shifts that need it. I have done before.

 

[Bowers-sfc]

Sorry, but does sound like you're a bit of a car crash of an employee, at least in your boss's eyes. Maybe time to move on from that perception - in one way or another

Everything was out of my control I believe, so think your assessment is harsh. Tried to give them as much notice, and have tried to do everything to get a hire car that day to no avail. But appreciate the feedback all the same

 

[The Wookiee]

Not
Quite, one of the issues on the car was under warranty, so needed to go to same
Garage I had the work done at previously.

They may have been able to provide a courtesy car ?

 

[Tom Hark Preston Park]

Everything was out of my control I believe, so think your assessment is harsh. Tried to give them as much notice, and have tried to do everything to get a hire car that day to no avail. But appreciate the feedback all the same

Apologies. Didn't mean to be (overly) harsh.Have edited and clarified me post since, tho the core thought remains the same - as seen through the boss's eyes. Best of luck anyways

 

[banjo]

Blimey they sound a nice company to work for. Get your own back and go off with stress.

 

[Surf's Up]

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.

Your company's "Time Away from Work" Policy should reflect ACAS guidance. If you are a member of a Trade Union this is where I would start - by comparing the 2 policies with your TU rep. At a minimum they should have followed their own policy, so check this and also check whether the policy differs from the ACAS guidelines, because it shouldn't. Also check what your company's policies say about workplace representation (ie. if no TU can you be represented by a workplace colleague or friend?). Again this policy should also follow ACAS guidelines? Finally how big is your company because if its small in terms of the number of employees (less than 20) then there is a much lower expectation in law that ACAS guidelines be followed?

 

[Bowers-sfc]

Apologies. Didn't mean to be (overly) harsh.Have edited and clarified me post since, tho the core thought remains the same - as seen through the boss's eyes. Best of luck anyways

Appreciate it. But the shift was covered, and in terms of excuse. I provided more then enough proof of what had happened.

 

[Bowers-sfc]

They may have been able to provide a courtesy car ?

Unfortunately not, only a small garage and have 1 courtesy car. They would have provided me this on day the work was done only.

 

[Bowers-sfc]

Your company's "Time Away from Work" Policy should reflect ACAS guidance. If you are a member of a Trade Union this is where I would start - by comparing the 2 policies with your TU rep. At a minimum they should have followed their own policy, so check this and also check whether the policy differs from the ACAS guidelines, because it shouldn't. Also check what your company's policies say about workplace representation (ie. if no TU can you be represented by a workplace colleague or friend?). Again this policy should also follow ACAS guidelines? Finally how big is your company because if its small in terms of the number of employees (less than 20) then there is a much lower expectation in law that ACAS guidelines be followed?

I’m not in the union unfortunately, but I’m
Lucky in the fact I have a very good relationship with quite a few people higher up in company. In terms of size, huge.

 

[happypig]

I did shift work (including nights) for 18 years. It wasn't unusual for someone to be unable to do a shift and to ring up at short notice. My priority was always to get someone to cover the shift and, fortunately, I almost always could.
If thats the first time you've had to blow a shift out, and for a genuine reason, then I wouldn't expect it to become a disciplinary matter; maybe a quiet word off the record.
It's wholly different if you rang up and said "I got leathered lunchtime and don't fancy it TBH"

 

[The Wookiee]

Unfortunately not, only a small garage and have 1 courtesy car. They would have provided me this on day the work was done only.

I would recommend getting yourself breakdown cover, many policies provide onward travel, hire cars etc.

From what you have said it’s not the first time the car has had to go to the garage.

Hope all works out for you

 

[jessiejames]

Work colleague wanted flexi time so that he could collect grandson from school 3 days a week, he's a lorry driver FFS. My company is responsible for making sure deliveries and collections are made on the correct day, they are not responsible for the employee child care arrangements, let alone traffic jams and any other hold ups. Slightly different to your case I know, but if I was in your shoes I would just take it on the chin, if not happy then start looking for another job.

 

[South Stand Bonfire]

5 years, always flexible
In the past, come in last minute to cover sickness, overtime etc.
No issues in the past with relationship or anything, so was shocked to see their stance on it really.

Ok, that to me sounds an outrageous way to treat someone irrespective of the rights or wrongs. Be careful in case there is a hidden agenda behind all of this. May be worth getting CAB advice just in case something crops up in the future but otherwise it may be a case of just biting the bullet and getting on with it. Do check your Terms and Conditions though.

 

[Bowers-sfc]

I would recommend getting yourself breakdown cover, many policies provide onward travel, hire cars etc.

From what you have said it’s not the first time the car has had to go to the garage.

Hope all works out for you

Have breakdown cover, and they do provide onward cover and a courtesy car in
The event of an accident, but not because of mechanical repair unfortunately.

Luckily, when I had an issue previously with the car, I was working on days at the time so manage to work and sort out transport/ buses or lifts more easily.

 

[middletoenail]

Without knowing your history, and whether you're a 'shy boy', it does sound somewhat unfair and ridiculous.

I'd suck it up and move on, with the intention of finding another employer in the long term.

 

[Hampster Gull]

They sound like pricks, I’d start looking for another co.

 

[Emily's Mum]

Any reputable company will have a policy for domestic emergencies. As an HR manager I would say that a car breaking down is a domestic emergency. You gave them as much notice as you could, you offered to take leave, paid and unpaid and you have covered for colleagues in similar circumstances. Without seeing your company’s policy it’s difficult to say if they have a case or not, but on the face of it I wouldn’t take it any further if I was your boss. As others have said, beware of a hidden agenda


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[Mackenzie]

Sounds harsh from your employer but a bit sad that you haven’t got a mate who could run you in to work. I would have.

 

[bluenitsuj]

My advice would be to find a better employer who can sympathise and be flexible on occasion

 

[Bowers-sfc]

Sounds harsh from your employer but a bit sad that you haven’t got a mate who could run you in to work. I would have.

I guess the main issue is working nights, getting there with a lift would have been doable, but getting
Home would have been an issue.

My biggest problem is not the fact
Of getting there and back, but I would have had to work a night shift without any sleep prior, the go home and sort a hire car, plus the repair of my breakdown, before then going back to work.

I should have just gone sick, at least I would have been paid.