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Holiday dates being disputed and now threatening dismissal

29 replies

flippedoff · 10/10/2019 00:08

DD (19) has worked for a major supermarket since 2017, part time mostly, but full time during her gap year. Now at uni in another part of the country they are happy for her to pick up an odd shift when she is home and remain on a student flexi contract. This contract began in August

Management has been somewhat casual in approach, possibly due to management trainee taking the shift reins before fully competent. Said trainee manager has had a number of complaints against him and a handful of staff members have left citing his errors and poor judgments as sole reason for resignation.

Now, back in March DD, when in a full time contract, asked for time off over Xmas. Manager was informed of dates in a message stating dates as 17th December - 4th of Jan. written exactly as that. Manager booked 17 December AND 4th January. Nothing in between.

When this error was noticed he promised to rectify this but didn't. He is now saying her new student contract doesn't allow for Christmas holidays at all, and if she takes this time off she will be dismissed. He has also said that his manager agrees with him re the way the dates were written, ie, that 17th December - 7th jan does not constitutes a date range and is rather two separate dates.

DD was considering leaving job for something new however now wants to stay to fight her corner. Is this worth her efforts?

OP posts:
endofthelinefinally · 10/10/2019 19:39

She should have written " incl" after the dates ti be correct and unambiguous.
However, I agree with pp that she might as well resign and look for another job after her trip. She needs to check her contract and length of notice period carefully.

TheAlternativeTentacle · 10/10/2019 19:42

What corner? It is up to an employee to check their own leave.

flippedoff · 14/10/2019 14:53

Thanks for great advice given. Thought I'd drop by with an update.

Manager at her store, let's call it store 3 in our town, had told her she will have to resign in order to take the leave. Word has, however, travelled to management at store 1 who have disagreed with a this decision, citing DD's demonstration of reliability and commitment to both her old and new contracts. They are transferring her student job to store 1 meaning she can take leave and keep working when she is home from uni.

It seems an extraordinary result given all said above.

OP posts:
EleanorReally · 14/10/2019 17:26

very sensible result all round

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