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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Work trying to bully me into cancelling holiday

387 replies

worridmum · 07/06/2014 16:47

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.

OP posts:
MadameDefarge · 11/06/2014 00:15

DPA also means you have the right to access all information in data form in which you are mentioned...so you have the right to the sadly lost emails. Happily for you you already have copies!

joanofarchitrave · 11/06/2014 00:17

Well, if the taken-over company is looking for a new name, they should try Bellends plc.

I wouldn't start looking forward to a day in court (or at tribunal) tbh, as my guess is they will look to settle.

Was talking to an American banker the other day who was explaining cheerfully how much more US companies preferred being based on London to other European cities as there's far fewer annoying employment rights in the UK than in other countries. Hooray!

DPotter · 11/06/2014 00:19

Sending Wine and Thanks in support.

What a cock-up ! I know your can't say which company it is but sure makes me wonder if this is a company I would want to do business with......

Hope you have some good quality time with your Dad

wafflyversatile · 11/06/2014 00:23

joan obviously still too many for their liking.

I have a friend whose company has been taken over by a US firm and they are all having a miserable time. They are just being awful.

SteamTrainsRealAleandOpenFires · 11/06/2014 00:26

As others have said join a union asap.

You may be able to negotiate a reference as part of a settlement. Compromise agreements often have an approved reference that they have to provide

I know bugger all about law (and, I admit that freely!), but that seems like a really bad idea to me personally.

Icimoi · 11/06/2014 00:31

So they've now put themselves in the situation where your department is down one crucial person and is about to lose the other to maternity leave? And all because they seriously think you should lose £3000 for the privilege of not taking your holiday? These people are every single kind of stupid.

wafflyversatile · 11/06/2014 00:32

Why does it seem like a bad idea? I'd have thought it was fairly standard in compromise agreements.

SteamTrainsRealAleandOpenFires · 11/06/2014 00:48

I wouldn't compromise with a company that treated me badly, if they acted in a extremely stupid manner regarding my rights et cetera. Also if I was in the right, the settlement would "all that was owed or nowt".

Beside that, whatever work WD is or was in...the industry would get to hear about the real reason why OP was illegally sacked through no fault of her own.

Other than the above I thought we were here to give support.

SelectAUserName · 11/06/2014 05:13

A compromise agreement is simply the accepted term for a negotiated pay-off - the company agrees to pay X amount, provide a reference (often an enhanced one, above the usual basic disclosure), in some cases allows the individual to keep company-provided equipment (anything from phones up to company cars) and in return the individual waives their right to formal grievance / constructive dismissal / tribunal claims and agrees to keep their mouth shut - so no DM sadface stories afterwards. It's pretty standard, and the individual is advised to have it checked by a legal representative before signing. Nothing wrong in suggesting it here, if the OP decided that any financial settlement offered was sufficient to outweigh the stress of an ET.

OP, you've been shat on from a great height, and you don't need this on top of worrying about your dad. Good luck.

MooseBeTimeForSpring · 11/06/2014 06:05

When I was paid off from a law firm I agreed to sign a Compromise Agreement. A reference was part of the package. They even paid my legal fees to get advice on the agreement.

paxtecum · 11/06/2014 06:11

This thread is MN at it's best.

Either the new owners are very stupid or this is a case of constructive dismissal.
Maybe they want to restructure the company.

The pregnant colleague should be very worried for her job too though obviously that is of no concern to op.

I know someone who was dismissed for gross misconduct from their 150k pa job for a 10 error in her expenses. The company was being restructured and it was cheaper to dismiss her than make her redundant.
They are ruthless.

Don't let them get away with this and good luck with finding a new job.
In a short time you will be happily settled in a great new job and this crap will be a distant memory.

Thepursuitofhappiness · 11/06/2014 06:38

Make sure the emails are backed up on a home computer not your work desktop just in case they block your log in details (I'm sure this is what you've done anyway).

ilovecolinfirth · 11/06/2014 06:48

Absolutely appalled by what has happened. Have no advice as I think it's all been given to you. However just wanted to offer emotional support and wish you the best if luck. I would not be surprised if you find they start to backtrack at some point, but please be strong and follow through with legal action.

Hairylegs47 · 11/06/2014 06:55

Sheesh, I thought I had it bad! Thank goodness for Mumsnet and UK law.

I hope it's all sorted before your trip so you can relax and enjoy your time with your dad.

I'll keep watching for updates.

hamptoncourt · 11/06/2014 07:04

Please bear in mind that if they do offer you a settlement agreement, they have to give you ten days to consider it/run it past your solicitor. They cannot put it on the table and say it's now or never.

Please do try to forget it until you get back from your holiday. Use this time wisely to apply for other jobs and treat yourself kindly.

londonrach · 11/06/2014 07:19

Sending you support. Can't add anything apart from your work colleagues sound really stupid. Print off the emails today and keep in folder in date order with other document ion. You are to go on holiday and forget all apart this (if you can). X

littledrummergirl · 11/06/2014 07:23

They have to pay for a solicitor to go through a settlement agreement with you.

Tiredteacher1 · 11/06/2014 07:31

If I were you I would also print off copies of all of the emails as an added back up!

BillnTedsMostFeministAdventure · 11/06/2014 07:39

So now no one is providing this "vital" cover?

Toapointlordcopper · 11/06/2014 07:44

OP. Please repost the details in a new thread in the Employment Issues section (or ask for this to be moved). There are a number of employment lawyers and HR experts on that board who will be able to assist you and this will help you prepare the grievance and to deal with the suspension/GM matter.

msrisotto · 11/06/2014 07:47

It is worth calling an employment lawyer and asking how much it would cost and if you can reclaim those costs in the settlement/outcome. I would expect that you could.

lazypepper · 11/06/2014 07:49

I would askt for this thread deleting OP. Agree that you should print it off first.

Enjoy your visit to see your dad and dont let these bastards spoil it.

You are right. They are oh so wrong.

TheHouseatWhoCorner · 11/06/2014 07:57

A lawyer is going to really enjoy taking on this case. I've no doubt that they will secure you a satisfactory reference as part of the settlement.
Well done for keeping the emails.

NorksEnormous · 11/06/2014 08:04

I am appalled at how you have been treated!

TestingTestingWonTooFree · 11/06/2014 08:05

Glad you've managed to protect yourself by keeping the emails. Bastards.

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