disciplinary for unauthorised absence

red eye · 13 Jun 2016 at 19:36

Just had a investigation hearing today for unauthorised absence.

What happened was I booked two days off with the assistant manager who told me to write it in the diary, turns out that the assistant manager does not know anything about it. So now it looks like I put my name in the dairy and not told anyone.
It is in my contract that I should have filled a holiday request form two weeks in before the holiday, but I have never been given one I ask and it gets put in the diary.

what is the likely outcome?

red eye · 13 Jun 2016 at 20:19

so hopefully a verbal warning then.
so with it being in my contract that I should be filling out holiday request form and they don't supply me with one would that not be breach of contract if they decide on dismissal?

Also I been reading up on holidays, the gov site says I should give twice the amount of days I want to take off as notice. My contract says two weeks for any length. Do I follow the gov site or is the contract fair?

red eye · 13 Jun 2016 at 20:23

BadMojo said:
So they're lying to cover their incompetence?

yes looks like am forgot and is covering his ass or he's being an ass. I wouldn't be surprised tbh

red eye · 13 Jun 2016 at 20:26

Participant said:
If companies like you as an employee, this type of thing tends to get overlooked in my experience. If they start making huge deals about menial administrative things, then start looking for other opportunities, would be my tentative advice based on knowing nothing about you.

this is what I was thinking but I can't leave until all my tools come back nearly £100 has walked out my box in a week.

Need cctv for my box

red eye · 13 Jun 2016 at 20:46

About Four years, not had any hearings just a little chat concerning my child and taking him to school.

red eye · 13 Jun 2016 at 20:58

Semple said:
It's OP's word against the AM's though. Technically if his contract states that he must fill out a holiday form, then that's what you must do.

OP, did you not ask the AM or GM for a holiday form? Do they not have to sign the diary to say they've authorised the leave?

Bottom line it does sound petty, and these are probably things you should bring up if you have a hearing.

no every one just asked for holiday and it gets written in the diary. but because I wrote in the diary the am has made it look like I wrote it, not told anyone in the hope that everyone thinks I booked it off and they have forgotten. I wouldn't be bothered to go though all this trouble for a days wage I would have just called in sick.

red eye · 14 Jun 2016 at 20:01

cadmunkey said:
Did something major happen whilst you were away that has resulted in this? Seems OTT to me.

i think the manager was peed off because I didt answer my phone, I would have answered if he rang from the work phone.

red eye · 14 Jun 2016 at 20:15

Halfmad said:
As someone who gets dragged into disciplinary hearings a lot to investigate people in your position, a few things to check:

1. Company policies or procedures clearly state the route for requesting leave, having it authorised and recorded.

2. YOU have been given the opportunity to read and understand the policies/procedures in the past. If not they've messed up, regardless of what you did.

3. The company stick to the policy/procedure at all times, this includes all managers you deal with, if it's incoherent or simply ignored then again this is the company at fault, not you.

4. Check with co-workers that they've never been in your position, asked to write it in with not written confirmation given from management, if so then ask if they'll be a witness to prove management are not following procedure.

Bottom line is that without documentation neither side can really claim to be in the right here but at the same time they can't discipline you if the company has no uniform practice which is stuck to rigidly by management.

Lastly the one most people forget about:

5. The disciplinary process you're being taken through is within the company policies and is being followed to the letter, if they mess this up then you get a free get out of jail card.

Honest advice from being through these, if you did wrong - put your hands up and admit it at the first opportunity, if not stand your ground, check the points above and stick it to them. I've seen a lot of staff disciplined far more heavily simply because it was clear they broke the rules and they didn't admit it until the last opportunity to do so, wasting hundreds of hours of peoples time, but at the same time I've seen people get completely vindicated when the company was proven to be failing to follow it's own policies.

so because company procedure has not been followed regarding the holiday form any disciplinary can be successfully appealed. I still need to talk to acas but your post was helpful thank you