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Disciplinary Hearing for Unauthorised Absence

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  • Disciplinary Hearing for Unauthorised Absence

    So at the end of September I had to go to Canada for a family emergency for 10 days (couldn’t do shorter as the tickets were more expensive). I had asked permission from my manager for this holiday two weeks before my trip (I booked the ticket before asking) not thinking it would be rejected. It was rejected due to ‘high weeks’ which I still don’t understand as it was during the tine where everyone was going back to work and school so the store wasn’t busy during the time. I went on the holiday anyway but whilst I was there I was calling the store to see if I could get unpaid authorisation. The manager I spoke to said they would handle it and call me back which they never did so I assumed everything was sorted.

    I arrived back in the UK being given an investigation meeting answering questions about my absence and now I have a disciplinary pending next tuesday. They are accusing me of: Unauthorised absence, unprofessional miscunduct and breach of procedure. I believe I have a strong enough case to back myself in the hearing but I worry it may not be enough and I’m panicking at the fact that I might get fired.

    Do you think I might get fired or this or just get a very strong warning. I really hope its the latter.

    I have also been at the company for 8 months so I don't have the 2 years to appeal if they do decide to dismiss me.

    I just need to hear others’ opinion on this as I’m too afraid to tell my mum as its her birthday.
    Tags: None

  • #2
    What are the company rules about booking holiday i.e. how much notice to be provided for a given period of holiday, first come first served, not to book anything until holiday has been approved etc.

    In the letter regarding the disciplinary have they given an indication of the extent of the disciplinary action you could be facing?

    Was the company aware it was a family emergency?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      It’s a mix of both first come first serve and a few weeks notice before the holiday (though many don’t follow the specified weeks and are still granted holiday). They advise that you don’t book anything just in case they say no (which I had done) but given the time I requested the holiday I just wouldn’t have thought they would reject it.

      They didn’t state the extent per say, they just stated the different outcomes such as: no further action, warning, final warning, dismissal. But nothing specific for me.

      Comment


      • #4
        I did state that it was a family emergency on the request form, yes

        Comment


        • #5
          So employer has advised not to book anything just in case it is rejected, however you had given a couple of weeks notice and stated that it was for a family emergency. So for your defence I would suggest the following:

          1. You did follow the process I.e. you requested holiday in the correct manner and provided a couple of weeks notice.

          2. You were under extreme pressure 1) you needed the time off (describe it as time off rather than a holiday) to deal with a family emergency 2) there was the issue of flight costs increasing the nearer to the required departure date.

          3. You did not think that the holiday would be refused because 1) it was to deal with a family emergency 2) it was at a time
          where everyone was going back to work and school and the store is not so busy, so limited impact on staffing levels.

          4. You continued to try and resolve the issue by phoning in to request unauthorised absence (state date, time and name of the manager you spoke to) and you were led to believe that it was being handled by that individual who would get back to you.

          I cannot judge the outcome but fingers crossed that it is warning at some level not a dismissal.

          Hope that helps but if you have any more questions just pop back to this thread but in any event it would be good to know how you get on.

          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #6
            Thank you so so much for this reply, this has really helped me with my case and hopefully since I haven’t been given previous warnings I’ll just be let off with a harsh warning.
            And you’re right! Time off sounds much better than holiday, I always felt odd saying holiday as it wasn’t a true holiday haha.

            Once again, thank for your help, it’s been much appreciated and I’ll inform on how the hearing goes!

            Comment


            • #7
              Really hope it helps and best of luck
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                Thank you very much for the very detailed help!

                Comment

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