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are my employers in the wrong??

(102 Posts)
Weenie1 Fri 22-Nov-13 21:29:55

Before i booked our family holiday in feb this yr i filled im my daughters holiday form and asked my employer if i also needed to fill a form in for holiday leave. was informed No i did not need to, to then in april of this yr be asked to fill one in after i had booked and paid for my holiday, request for leave was declined but i went on holiday anyway. IM now having to have a disciplinary hearing for unauthorised absense from work which is classed a misconduct. My question is this i am being punished for taking leave but other work collegues have taken time off also and are not going through the same process, and it states in all our work contracts we are not allowed to take holidays during school term time as we are dinner ladies, so why am i having a disciplnary hearing and no others?? can my employers do this?

Why would you go on holiday when you know you're not allowed to in term time? confused

lucidlady Fri 22-Nov-13 21:31:50

Did you go on holiday in term time?

ItsAllGoingToBeFine Fri 22-Nov-13 21:31:53

I think you are in the wrong. Your work does not have to give you leave when you request it.

ItsAllGoingToBeFine Fri 22-Nov-13 21:34:06

You are not being disciplined for going in term time, you are being disciplined as your employer said you couldn't have those dates, but you went anyway.

Weenie1 Fri 22-Nov-13 21:34:55

My husband holiday are pre-allocated so have to go away when his holiday are. ive bn at my work place for 3 and half yrs and have never taken time away during school term ..it was a one off. what im really asking is other co workers have also taken holidays during term but are not having the same done to them....surely that is wrong.

Weenie1 Fri 22-Nov-13 21:36:17

im being disciplined for breeching my the terms of my contract. other co wworkers have also done this but are not being disciplined.

WeAllHaveWings Fri 22-Nov-13 21:38:57

Sorry, I don't understand, why do you think it's ok to go on holiday when your employer didn't authorise your dates?

Did they previously authorise them?

Your work colleagues go on holiday in term time is irrelevent if their dates were authorised.

Other employees relationship with their employer is nothing to do with you though - for all you know they've already been disciplined and not told you.

WeAllHaveWings Fri 22-Nov-13 21:40:52

The breach of contract will be taking unauthorised holidays. Your colleagues took authorised holidays.

Preciousbane Fri 22-Nov-13 21:41:45

Your colleagues probably had authorised holiday, this is definitely a disciplinary as you have broken your terms and conditions.

VerySmallSqueak Fri 22-Nov-13 21:42:52

I think that if your contract states that you cannot take term time absence you won't get very far.

It does seem a little unfair though if others have done it and you are the only one being disciplined - although they may have extenuating circumstances of their own,or they may have been granted permission,whereas yours was refused.

If you are in a union,please talk to your rep and make sure they accompany you to the disciplinary hearing.

Weenie1 Fri 22-Nov-13 21:44:30

other work colleagues holidays where not authorised.

I asked when i filled daughters holiday form in in february if i had to fill in a form for myself, was told no, so booked holiday, for then 3month later along with other staff wanting leave to be asked to fill in a form, only then where my holidays and every others declined, but by then it was too late to cancel holiday.

If as you say lauriefairycake other work mates have had same treatment as me why have they not been suspended like i was while they gathered all information to taking leave all i did was take my holiday like the others but im the one being punished.

Weenie1 Fri 22-Nov-13 21:46:06

Im not in the union, so am fighting this on my own. the other co workers also had their leave declined but went away regardless. so i feel im being treated unfairly.

Weenie1 Fri 22-Nov-13 21:47:53

I know the others had their hols declined because we discussed it, as we found it baffling we had to fill forms in that did not exsist in feb and as i say all leave for eveyone was declined, as it was all holiday leave.

Preciousbane Fri 22-Nov-13 21:50:13

Having been a trade union rep though a long time ago and been involved with lots of cases there are often other reasons people are pulled up though employers have to wait for a specific infringement.

Is there any kind of history at all regarding issues in your workplace.

If the circumstances for your work colleagues is exactly the same then maybe they will be disciplined at some point.

VerySmallSqueak Fri 22-Nov-13 21:51:39

I'm out of my depth a bit here but I suspect that the fact of others taking unauthorised absence may not affect the substance of the disciplinary hearing against you.

However I do wonder if you could check your grievance procedure and enter a grievance based on the issue that you are being singled out?

I don't really know,but it's a thought and worth investigating maybe?

The only problem is that it exposes your co-workers possible misconduct....

Preciousbane Fri 22-Nov-13 21:52:42

I suggest you ring ACAS

m.acas.org.uk/ their helpline is open Saturday morning, you do not have to be a union member. Write down the sequence of events on a timeline and have this to hand.

Weenie1 Fri 22-Nov-13 21:54:09

preciousbane, there are no other issues at my work place, i have a good record but for this regarding holiday leave.

lauriefairycake no such action has been taken against them just me.

Weenie1 Fri 22-Nov-13 21:57:58

i will look into the grievance procedure for sure ...thank you.

@preciousbane.... i was going to seek advise from CAB, but i think i will do as u have suggested and ring ACAS tomorrow. i have everything wriiten down and to hand so that will save time when i ring them. thank you for the information.

WeAllHaveWings Fri 22-Nov-13 22:03:05

You asked if you needed to fill a form in and you were told no. Did you ask if you could have specific dates off, before paying for your holiday and told yes those dates were ok?

Seems strange (and unfair) singling one person out, as you have had no previous warnings. Can you think of any other reason they would single you out?

VerySmallSqueak Fri 22-Nov-13 22:03:48

Definitely ring ACAS before you do anything else.

mariefab Fri 22-Nov-13 22:07:18

Did you take your holiday before your colleagues?

Weenie1 Fri 22-Nov-13 22:10:49

weallhavewings; the dates of my holiday where the 22nd august 2013(summer hols) to 11 sept 2013, so i asked for from the 2sept to the 11sept off from work as i was still on holiday. those dates 02/09/13 to 11/09/13 where declined.

My co workers do not like that fact that if i have a problem at work i voice it at meetings, they say im too loud a person but thats my personality. so maybe its that reason.

verysmallsqueak... i intend to ring ACAS 1st thing in the morning and will also ask if i am at this stage able to join my work union..

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