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Original poster

are my employers in the wrong??

101 replies

Weenie1 · 22/11/2013 21:29

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?

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LaurieFairyCake · 22/11/2013 21:31

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

lucidlady · 22/11/2013 21:31

Did you go on holiday in term time?

ItsAllGoingToBeFine · 22/11/2013 21:31

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

ItsAllGoingToBeFine · 22/11/2013 21:34

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.

Original poster
Weenie1 · 22/11/2013 21:34

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.

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Original poster
Weenie1 · 22/11/2013 21:36

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

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WeAllHaveWings · 22/11/2013 21:38

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.

LaurieFairyCake · 22/11/2013 21:39

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 · 22/11/2013 21:40

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

Preciousbane · 22/11/2013 21:41

This reply has been deleted

Message withdrawn at poster's request.

VerySmallSqueak · 22/11/2013 21:42

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.

Original poster
Weenie1 · 22/11/2013 21:44

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.

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Original poster
Weenie1 · 22/11/2013 21:46

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.

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Original poster
Weenie1 · 22/11/2013 21:47

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.

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Preciousbane · 22/11/2013 21:50

This reply has been deleted

Message withdrawn at poster's request.

LaurieFairyCake · 22/11/2013 21:50

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

VerySmallSqueak · 22/11/2013 21:51

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 · 22/11/2013 21:52

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Weenie1 · 22/11/2013 21:54

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.

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Original poster
Weenie1 · 22/11/2013 21:57

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.

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WeAllHaveWings · 22/11/2013 22:03

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 · 22/11/2013 22:03

Definitely ring ACAS before you do anything else.

mariefab · 22/11/2013 22:07

Did you take your holiday before your colleagues?

Original poster
Weenie1 · 22/11/2013 22:10

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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Original poster
Weenie1 · 22/11/2013 22:14

mariefab.... no other had holidays before mine, mine was the last holiday to be taken. bUT makes no difference we have the same contract which states no holidays during term time, yet im the only one being disciplined. and two week of my holiday was takem during summer holidays to go see my parents who moved to cyprus 9yr ago and this was the 1st time we had saved enough money to be able to go see them since they moved out there 9 yr ago and it will take me as long again to be able to go back.

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