Employee announced they are taking a week of unpaid leave starting on Monday- can anyone advise me?

Stickwithit · 2011-02-27T08:02:38+00:00

I run a small business with a business partner. On Friday one of our managers was 'pulled up' for a fairly serious customer service issue. I am wary of giving all details as my employees wife may well be a mumsnetter. He had been informally spoken to on a number of occasions about this issue, on Thursday was the last time. It happened again on Friday resulting in an upset customer. My business partner was really annoyed and in her words (I was not there at the time), did raise her voice and ask how this had happened again. The employee has been with us over 10 years, he is valued and generally good at his job but this really is a simple customer service issue that we know is upsetting customers. Our business survives on it's reputation for customer service. Anyway, at the end of Friday the employee went to my business partner and said he would be taking a weeks unpaid leave starting on Monday. He knows that we are running on skeleton staff and this will cause major problems. We used to get employment advice via a legal helpline but rarely used it and have not registered this year as part of a cost cutting exercise. I don't think he can do this ,

TheProvincialLady · 27/02/2011 08:06

What did your business partner do or say when he announced his intention?

Original poster

Stickwithit · 27/02/2011 08:14

Sorry pressed post too soon (and before I bad spell checked).

I assume he can't do this? I know he has the right to dependents leave, but I think this only applies if his children are under 5, and he should have given us notice- which is not the case.
I don't know where to go from here or where to get advice. There seems to be plenty of advice available for employees, but not employers. Small businesses such as ours cannot afford to contact a lawyer in these circumstances.
Sorry for the rant I just feel let down by an employee that I have tried to look after and been as flexible as I can for. He is good at many aspects of his job but hates being 'told' what to do and has a habit of forcing his will in us e.g. Telling us he will be taking two weeks holiday after booking his plane tickets during our busiest period and saying either we grant his holiday request or he will resign. This has happened twice and we granted it but had to get his shifts covered by temporary staff.
I have a nagging worry that my business partner did not tell him this unpaid leave was unacceptable, and as such could be seen as having granted it on the spot- I will try to clarify this with her today.

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Original poster

Stickwithit · 27/02/2011 08:14

Sorry pressed post too soon (and before I bad spell checked).

I assume he can't do this? I know he has the right to dependents leave, but I think this only applies if his children are under 5, and he should have given us notice- which is not the case.
I don't know where to go from here or where to get advice. There seems to be plenty of advice available for employees, but not employers. Small businesses such as ours cannot afford to contact a lawyer in these circumstances.
Sorry for the rant I just feel let down by an employee that I have tried to look after and been as flexible as I can for. He is good at many aspects of his job but hates being 'told' what to do and has a habit of forcing his will in us e.g. Telling us he will be taking two weeks holiday after booking his plane tickets during our busiest period and saying either we grant his holiday request or he will resign. This has happened twice and we granted it but had to get his shifts covered by temporary staff.
I have a nagging worry that my business partner did not tell him this unpaid leave was unacceptable, and as such could be seen as having granted it on the spot- I will try to clarify this with her today.

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Original poster

Stickwithit · 27/02/2011 08:16

Very good question! The significance of this dawned on me as I typed my question. I need to find out. I guess unless she said that this was not acceptable then we are on dodgy ground!

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LeninGrad · 27/02/2011 08:25

This reply has been deleted

Message withdrawn at poster's request.

kitkat1000 · 27/02/2011 08:27

he is only entitled to unpaid leave if he has childrenunder 5 (or 18 if disabled) he also has to give WRITTEN notice and have it approved. The other type of unpaid leave would be carers leave which applies in case of emergency for a family dependent but telling you friday does not class as emergency as its forwarned. He is not entitled to any other unpaid leave. If he takes it without permission its unauthorised absence and its a disciplinary matter.

kitkat1000 · 27/02/2011 08:29

go on the direct.gov website - its got all entitlements listed there

Original poster

Stickwithit · 27/02/2011 08:29

I have called my business partner (at 8.15 on a Sunday!) she said this was not ok and would leave us completely in the lurch.

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StillSquiffy · 27/02/2011 08:30

Sorry, Stickwithit, but most of us on this board on MN will advise only employees, not employers.

(But if you google 'parental leave' you will find the info you need anyway)

LeninGrad · 27/02/2011 08:32

This reply has been deleted

Message withdrawn at poster's request.

kangers · 27/02/2011 08:39

Also contact ACAS- they will advise employers as well as emloyees.
I would contact him and ask him to come in for a meeting- on Monday. Explain to him that he cannot just take unpaid leave without notice- I am sure it is a breach of his contract and constitutes misconduct.
Try and resolve the issue- listen to his concerns about what happened last week. Tell him he can't have time off, but if he wants it in the future he can apply in writing with resaons.
Ask him to return to work either immediately or Tuesday. This is reasonable and if dealt with calmly should ge the desired affect.
If he refuses to meet, discuss, return, then he needs to be disciplined- a letter explaining he has breached his contract, and a retraining programme so his aware of his duties and responsibilites.
Keep detailed ecords of all meetings/ phone calls etc.
A polite, firm response should reel him in. If not, he needs to go- unless he's your best salesman??

Original poster

Stickwithit · 27/02/2011 08:40

Thanks for the replies I will have a look at the website.

He is valued because he is good at his job for the most part. However, this all falls down when he upsets customers.
The problem of resenting being asked to do something differently, or better has always existed but as we don't ask this often we have tended to work round it. Truthfully our requests to say, record things differently, are argued with, begrudgingly agreed to and then only done for a short time. I am careful to only request changes where there is a clear business need, I have covered his role so I know they are realistic changes but he does not cooperate with them. I guess we have been lenient as we do not want to loose him.
As to what I want to happen. As I said we would be sorry to loose him but I feel at the moment there is an element of 'the tail wagging the dog'. I would like him to be more agreeable to our requests.

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LeninGrad · 27/02/2011 08:44

This reply has been deleted

Message withdrawn at poster's request.

kangers · 27/02/2011 08:45

Plus- the oiginal customer service issue needs to be dealt with- hee needs retraining or at least a meeting about it and a discussion.
Final issue- raised voices especially in front of others in the workplace is rarely a good idea. But I am sure you and your business partner know this and I know things are very pressured for us all at the moment.

LessNarkyPuffin · 27/02/2011 08:48

It's worth paying for some good legal advice. With this and the 'customer service issue', you need to be prepared to follow the correct procedure to the letter in terms of warnings etc. Otherwise you're leaving yourself vunerable to a claim.

Original poster

Stickwithit · 27/02/2011 08:50

Thank you so much for the replies. I hadn't realised this board is usually for employees seeking advice. However, I can assure you I take my responsibilities as an employer very seriously and am uncomfortable with any 'them and us' attitudes- but that is a separate discussion.

With regard to the skeleton staff issue, his department has the usual amount of staff, I just don't have any spare in other departments to cover. However, I will cover it myself if required.
I do not think he is stressed at work but I can see that we need to have a calm discussion about this, and I need to find out if there is more to this than meets the eye.

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kangers · 27/02/2011 08:50

'Truthfully our requests to say, record things differently, are argued with, begrudgingly agreed to and then only done for a short time. I am careful to only request changes where there is a clear business need,'

This is a common poblem, but you need to stick with it until he agrees. Have a meeting specifically about this, get him to suggest what he would do differently/ better. See if you can get him on side a different way- if he feels he has had some input he may be moe likely to implement. I know these meetings are tedious but they will work. Although some people are just really hard work and you may have to run with it.

kangers · 27/02/2011 08:53

ACAS explains al correct steps- verbal, written, written, then further breach becomes gross misconduct and can dismiss- if given plenty of support and training to change. Also look up DAS legal- they have loads of accesible documents on line.
No need for costly legal advice yet- just meet, talk and record at first.

tellall · 27/02/2011 08:54

No it isn't for employee issues only, but mainly empoyees do post for advice. It for 'employment issues'.

Sexonlegs · 27/02/2011 08:59

Hi there,

I think you need to find out what your business parner's response was first, as it may be difficult to contradict them.

Time off for dependents is as it says; there are no age limits; parental leave is where age restrictions of children apply; as someone said earlier, under 5's or under 18's if disabled.

Time off or dependents is usually last minute; ie your child is sick/nursery shut due to power cut etc.

Parental leave would need to be applied for well in advance.

As others have said, you need to call him and get to the bottom of the issue of why he wants time off at short notice, at a face to face meeting.

The customer service issue is another issue. You have said he has been spoken to about it before, but I think you need to formalise it.

Do you have a disciplinary policy/procedure?

Original poster

Stickwithit · 27/02/2011 09:02

Yes maybe we do need legal advice, it just becomes very expensive but I can see we need to protect all parties. I am a reasonable person and tyr to be fair to all employees, I find it sad that I need to be afraid of leaving us open to legal action everytime I deal with a problem. However, I know I need to be careful and appreciate all advice.

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Original poster

Stickwithit · 27/02/2011 09:05

Yes I am really uncomfortable with the raised voices, my business partner has apologised and acknowledged that she was wrong. It was out of character but nevertheless should not have happened.

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Sexonlegs · 27/02/2011 09:08

Sorry, I hadn't seen that you had contacted your business partner already.

It will be interesting then to see whether he comes in or not then...

Unauthorised absence in our company, is deemed as gross misconduct, although this may seem harsh in this instance.

If he doesn't show tomorrow, you need to phone him , explain his absence is unauthorised, and he needs to come in for a meeting (not a diciplinary hearing (yet)) And take it from there.

I am an HR Manager so am happy to advise as best I can. ACAS and Business Link are very good.

kangers · 27/02/2011 09:17

stickwithit I have used legal advice with employment issues many a time- they all have different opinions and absolutely err on the side of caution.
So as long a s you check ACAS, keep talking and supporting, you really don't need to spend on this yet.
Just have someone at meetings to record what's said and keep this, along with all letters.

Original poster

Stickwithit · 27/02/2011 09:24

Thanks again everyone I am grateful for your advice and will look at all websites that have been suggested.
I am going to do as décolleté and others have suggested. If he dies come in on Monday i will suggest we have an informal meeting to discuss things and find out if there are problems he would like us to be aware of. Depending on the outcome of this we may have more formal discussions regarding the customer service issue and other areas where he has not been able to do what has been requested of him.
Thanks again everyone.

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