Is this gross misconduct

[diamond31]

I have been with my employer almost 4 years I work 3 days a week. Recently I had my days off together which is rare but I got Thursday to Sunday off the week and Monday to Thursday off the following week so decided to put my "week off" to good use and booked a last minute holiday. ( I'd still worked my 3 days both weeks) however my employer found out ( I didn't try to hide the fact I was going away) but she has now sent me a letter to attend a displinary for gross misconduct ?? Can this be gross misconduct for going away on my days off?

[leclerc]

Re: Is this gross misconduct

So who decides which shift pattern you work? I am still not sure what the question is since if you are on a rota and their rota gives you 7 days off then to go on holiday does not make sense. On what grounds is the disciplinary? What is the offence you have committed?

[diamond31]

Re: Is this gross misconduct

So who decides which shift pattern you work? I am still not sure what the question is since if you are on a rota and their rota gives you 7 days off then to go on holiday does not make sense. On what grounds is the disciplinary? What is the offence you have committed?

My boss does the rota On monthly basis. I saw I got 7 days off in a row and went on holiday. When I returned I received a letter stating I must attend a disciplinary as I'd left the country without holiday entitlement and that was gross misconduct. I can't understand why it's gross misconduct or misconduct at that as they were my days I'd been given off surely I can do/go wherever I please on these days. I never took any time off.

[paulajayne]

Re: Is this gross misconduct

What does your contract say about holidays etc.

[stevemLS]

Re: Is this gross misconduct

What does your contract say about holidays etc.

Not sure that this is relevant given that OP went on holiday during their days off on the rota.

OP - is their anything in your contract about the possibility of being asked to go in at short notice when you are on your days off?

What precisely is the allegation against you as set out in the letter alleging gross misconduct?

[diamond31]

Re: Is this gross misconduct

Not sure that this is relevant given that OP went on holiday during their days off on the rota.

OP - is their anything in your contract about the possibility of being asked to go in at short notice when you are on your days off?

What precisely is the allegation against you as set out in the letter alleging gross misconduct?

There is nothing in contract about working short notice but it has been known to be called in if short staffed but it's our choice if we take the overtime it's not expected. All the letter says is I'm to attend a disciplinary meeting on Monday as it has been brought to her attention that I left the country between dates and as this was not booked off as holiday entitlement it is classed as gross misconduct

[mariefab]

Re: Is this gross misconduct

Your employer appears to be confusing holiday entitlement and weekly rest periods.

Holiday entitlement;
The minimum statutory paid holiday entitlement is 5.6 weeks in the UK.
This means that (assuming you only get the minimum) you need to book, take and be paid for 17 of your rota'd working days off each year.

Weekly rest period;
The statutory minimum weekly rest period in the UK is 1 day (or 2 days in a two week period).
As you only work 3 days a week your normal weekly rest period is 4 days.
Employees cannot book off their weekly rest period. The obligation is solely on the employer to ensure that weekly rest periods are incorporated into their staffing rotas.

[mariefab]

Re: Is this gross misconduct

P.S. Your employer could legitimately charge you with gross misconduct for being away from home during your 4 days off if, and only if, she contended that those 4 days were in fact working time (on call).
If she claims that they are working time, she needs to explain why she feels that she can breach the Working Time Regulations and the National Minimum Wage Act.

[leclerc]

Re: Is this gross misconduct

There is nothing in contract about working short notice but it has been known to be called in if short staffed but it's our choice if we take the overtime it's not expected. All the letter says is I'm to attend a disciplinary meeting on Monday as it has been brought to her attention that I left the country between dates and as this was not booked off as holiday entitlement it is classed as gross misconduct

.....but they didn't call you in. "you left the country without holiday entitlement".....utter nonsense since you were not required to be at work during that period of time. If you are rota'd onto the shift then what you do in your free time is your own. Were you late back for work? Did your flight get delayed meaning you missed a rota'd shift?

Your employer is acting like a prat although I'd be arguing that you cannot be disciplined since you were not rota'd onto the work schedule. It would be like saying that if your three days were Tuesday to Thursday that you could not go abroad on Friday and return on Monday and then go to work. See Mariefab's advice

[cupidstunt]

Re: Is this gross misconduct

Does the nature of your work or employer factor into this.

ie police, military, MI6 etc. ?