Work trying to bully me into cancelling holiday

[worridmum]

Sorry if this is the wrong place but this section has the most traffic and hoping for someone to help me.

Long story short is a booked my annaul leave in january in line with company policy and it was approved. After the approval I booked an expesive holiday to the USA for 3 weeks to see my parents as my father is in poor health and would like to see him before he deterates futher (long term problem with no possiblity of a cure sadly).

Now the crux of the problem last week my work colleuge is now wanting to start her metinity leave 2 months early than planned and now because our department is small one of us must be in the building for the department to run (I dont want to give too much details here as its very specislt field of work and dont want to out myself) and the meritity cover cannot start 2 months early than planned so my boss is putting large amounts of pressure to cancel my holiday and treating gross misconduct when I refused to cancel it as my manager blunty said when I asked is the company going to compestate for my finacel loss (non-refundable flights / hotel deposits etc) and she basically said tough luck the company WILL NOT pay for the loss of this money (roughly £3000) and I should just absorb this loss and consider it one of those things, which I replied no I am not willing to lose not only my last possible chance of seeing my Father before he passes away but also that amount of money which is a large amount for me.

Which is the reason she is quoting gross misconduct as I am refusing to cancel my holiday with only 2 weeks notice and that I am expected to eat the fiancal loss as well as prescous time with my father and my question is twofold

I am unreasonable to refuse to NOT cancel my holiday no matter that it will causes massive problems for the company and the second are they legally allowed to breech their own policies relating to booked holidays to be able to say my holiday will be treated as unauthrised absance and thus a gross misconduct offence even though I have all the documents saying it was authorised etc and finally if they are allowed to cancel my holiday at such short notice can force them to pay for my lost money so I am not out of pocket (travel insurnce will not pay out as it is not covered by their terms)

I am sorry for the long post and if it is in the wrong area and for any spelling or grammer mistakes as I have dylexia and no spell checker on this device.

You know what op, you've got the three best things here...
You've got the moral high ground.
You've got the evidence of their bully tactics and incompetences.
And - you have the weight of mumsnet behind you!

At this rate, you might never need to work again!

Bastards! Good on you for standing you ground. It sounds like you have a strong case and they have fucked up massively. Agree with those who say to get the ball rolling before you go and see your dad. Hope you have a lovely time with him.

Shocking behaviour on their part. Sorry you are having to deal with this crap OP.

They even paid my legal fees to get advice on the agreement.

That's because they have to by law! They can't accept one without it and the onus is on them to pay for that service.

Hello OP. Am very late to this party but very much want to shove in my thoughts. Am not an HR but am v senior in a company and have a lot of experience in this stuff.
Firstly, they are unable to impose new T&C following a merger. TUPE is very clear on this. Your terms of employment must remain at a minimum of that which you originally contracted
Also, they must follow their own processes for managing a gross misconduct allegation. Those processes will be in the staff handbook. If they are faffing with T&C i sincerely doubt they have updated the procedures manual.
Contemporaneous notes and copies of emails are very powerful in a situation like this. They are usually the best evidence available and tribunals take them seriously. Keep notes of all conversations as well as everything you currently have.
Once this starts getting sticky and you look like you are going to fight it, they will do a risk analysis of the costs of tribunal vs paying you off. It is very rare that an employer has a bombproof case that makes tribunal a good idea. This will result in a negotiated compromise agreement / s111a settlement. This will also cover legal fees, reference wording, etc.
i notice that you are in a specialist field so make sure the compromise addresses any post employment restrictions that may exist.
From here on, do not move without your solicitor. They are your advocate and are there to handle whatever shit is now thrown. It will be messy and traumatic for you and feel very personal and hurtful. It isn't, it is the company trying to limit their downside risk. It is all in a days work for an employment lawyer and they have no personal connection. Let them answer everything on your behalf and don't get drawn in yourself. All communication should be considered as if it will one day be reviewed by a QC, because it might. Your solicitor will handle everything for you.

And as a final aside, I also work in a highly specialised and time pressured industry and we occasionally pull people back from holiday or ask them to cancel. We only do it as a last resort, we pay ALL costs (including the family still going, Dad being called back so we paid for a full additional holiday plus cover additional costs incurred in the original holiday like a friend going or needing taxis instead of hire cars, etc), compensate with double the leave days and send flowers to wives to say sorry. Sometimes it is truly necessary but it is a shit thing to do to your staff so we go above and beyond to compensate. Just a comparison.

Hope everything is going well!

just an update on everything

I have engaged the solicotor though they cannot cover me on a no win no fee basis they assured me that it is very very likely the costs could be reclaimed from the other side due to the numerous and blantant disregaurd for UK employment laws.

They have also recomended that I hold out and play the long game rather than settle for their first offer as they are very very unlikely to want to go to the tribunal as they know they will lose.

I have seen the GP about stress as this issue has been effecting my sleep from the worry of this whole thing.

My solicetor has been in touch with the company by informing them they are breaking the law with suspending me without pay (they have not replied about this topic)

They have said investigation is concluded and that the result is thatI am being dismassed for Gross misconduct for leaving the premiese without premission.

I have raised a offical greivence about both of the problems I have had with the company (solicetor said I had to do this for ACAS to start the ball rolling)

I have contacted ACAS about the situation and started the ball rolling on this front.

basically I think the companies legal team has kicked them into touch hence the manifactured gross misconduct for going awol and subsicantly deleted email telling me to leave (that solicetor said it was great that I backed these up as it will completly destory their case)

The lawyer has been asked to attepmt to include a good reference as part of any settlement (without it I wont be able to get the same level of employment in my field to is critical)

The lawyer has also drafted a letter stating all the breaches in UK employment law as she recomend that it will give us a good postion in any negiotation that will follow as it tells them will know exactly how naughty they have been in regaurds to the law (not her exact words I am paraphasing)

The company has been told to hold all communication via my lawyer on recomendation from my Brother as it will cut down their wriggle room apprently.

On the none legal side I am all packed to go on holiday now and feeling alot better for all the support advice everyone has given me and I thank you all from the bottom of my heart and I am so glad on just how supportive Mumsnet is and I will be recomending it to everyone in my social circle.

wow sorry everyone I did not realise just have essayish this update was

Have a wonderful time with your dear Dad.
It will work out well.

Have been lurking.Hope you manage to relax on holiday.Looking forward to hearing the comeuppance this horrible company end up getting.

Well done you for keeping so level headed and not letting them drag you down.

Hope you have some quality time with your dad.

its mostly thanks to the advice and support from Mumsnet that has allowed me not to be dragged down by all this and thank you both Helpys and Retropear for the best wishes

Hope you have a wonderful break, OP, and you really couldn't have handled this any better

It's hard to credit that they've been stupid enough to base this on your "leaving without permission" when you've actually got those emails. They really must be absolutely mad, but anyway that's their problem and the penalties they'll have to pay will be richly deserved

Your brother's quite right - on no account discuss anything with them yourself now, and DEFINITELY don't let them find out you have those emails

Just don't forget to update us on what happens!!!

Have a great break, hope your dad doesn't get too worn out with the excitement of seeing you!

Glad you went to your Gp. Enjoy your holiday.

I'm so sorry that this has happened to you, what absolute wankers.
Enjoy your holiday with your Dad and family and let your lawyer deal with all of the crap here.

I'd love to see their faces when they realise the emails are still in existence. Pricks.

Can you extend your holiday - now that you don't have the time-pressure of a job to,return to?

they really are stupid, aren't they? dismissing you for an 'offence' that supposedly occured after your 'informal meeting' without going through disciplinary procedures! ha ha!

You've handled this perfectly. Hope you have a wonderful holiday and make some wonderful memories with your dad. You'll come back energised to fight the bastards x

Wow... So by their own studipness, not only are they going to be screwed by no one being there for the maternity leave, but it is also going to cost them an absolute fortune

Hmm that is a good idea kif but I dont think I could afford new return tickets for me and the DC (DH has to return to work) and I would be needed to be in the country to sort of the legal case and job hunting plus the DC have summer camp that they are super duper excited about going on a highly righted science camp :)

though I could be evil and send the DC home with DH and have a child free time but in all fairness sadly I think it would be best to return at due date

Best of luck on holiday. I feel for you. I have had similar experiences myself.(though not nearly as bad!)

sadly my collague will not be able to go on leave early as planned now otherwise the department would have to cease operations until the temp (or more likely my replacement now) can start

If this wasn't true this thread would be hilarious for their stupidity and incompetence. I've done a little bit of employment law/HR training and they've pretty much cocked up at every opportunity.

Have a great holiday and definitely keep us updated, can't wait to hear how they react when they realise you've got copies of all their emails. I'd also look in to changing your flights and spending a bit more time with your dad now you don't have to rush back for work.

What an awful time you've had WM, hope that your solicitor gets this sorted for you. Hope that you can enjoy your holiday, thank goodness you have copies of those emails!

Thank you for the update. Seems like you have a watertight case.

Extraordinary behaviour from them. Cutting off their noses to spite their faces. Awful people. You are well rid.

I hope you enjoy your time with your dad.

Just saw your message about changing flights, worth a try!

Also don't worry about your colleague, if she's moving her mat leave forward by 2 months she must be struggling to handle pregnancy and work so her doctor will sign her off no problem. It's your boss who will end up in the shit, not her.