Forced unpaid leave??

[Sanson]

I've been sent away again, very common in my line of work, currently working in Scotland (from Portsmouth), it's not manditory for me to work away, but I've personally never refused it before, an have worked away for weeks at a time in the past, and do so regularly.
This time they only gave me 3 days notice, I made it clear how frustrating the timing of this job was, yesterday being my birthday, the day before my MOT runs out, and leaving my girlfriend who's studying at night school home alone looking after my (nearly)2 year old son. But it's only till Saturday (6 days away from home) so I agreed.


Today I had a phone call from the boss, would I mind on Monday, going to Cornwall for 2 weeks (missing my sons 2nd birthday), not an easy decision, but after discussing it with my girlfriend, we decided we could do with the extra money this close to Xmas, so I told him that I would be prepared to work away again, However I am currently booked in for minor surgery on the 3rd of dec that I wasn't exactly prepared to miss.


I made it clear I was prepared to use my own vehicle, and take the day unpaid, but would require this one day off to go back an have the surgery. He told me that I hadn't put any paper work in yet (i.e holiday forms), So I told him, I haven't had the opportunity yet, my pre surgery appointment was on the friday, I then travelled to Scotland for this trip on the Sunday.


He then surprised me...


He told me if he has no work for me there (back home in Portsmouth) and im not prepared to work away, I'll have to have 2 weeks unpaid leave!


I continued to tell him again, I was prepared to work away, but I required this 1 day off!


He outright told me I would have to compromise and move my appointment.


Is it legally correct that he can send me home for 2 weeks unpaid in this circumstance?

[Tools]

Re: Forced unpaid leave??

In a word NO, the amount of notice usually needed for holidays (either way) should be double the amount of time off, for example

• 1 days holiday needs 2 days notice
• 7 days holiday needs 14 days notice
• and in this case 14 days holiday (paid or unpaid) needs 28 days notice

Regardless of whether it is paid or not, check your contract and T&C's, policy handbooks etc, this notice period should be in there somewhere. As a last resort, would it be possible to re-book your surgery?

If your boss wants you to take the holiday then you can argue it doesn't comply with the notice period (again double check your companies T&C's first to check) and that if you are to agree to it then it needs to be paid holiday. Do you have any outstanding paid holidays left or have you already used them?

[teaboy2]

Re: Forced unpaid leave??

Have you taken all your paid holiday leave?

To be honest, its very difficult to give you an answer really without seeing your contract or employment.

You agreed to the work, on the condition you have the 1 day off for surgery, and employer withdrew the offer of work for that period giving you the option to work it or to take two weeks unpaid leave for 1 days surgery.

A lot may also depend on what kind of surgery your having too, as the employer does have an obligation under contract and health and safety laws known as a duty of care. So if the type surgery your having usually requires a period of recovery, then the employer would be within his rights to refuse you work, until your fit to work. But then at the same time, you would be entitled to Sick Pay for the period of recovery, but that doesn't cover the period prior to the date of your surgery.

You may also be protected under what is known as guaranteed payments under the employment rights act. where an employer has not work for the employee during contracted hours/periods of work that the employee would otherwise be working. But again it depends on your contract of employment.

So really, we need to see your contract to be able to give you accurate advice that would answer your question.

[Sanson]

Re: Forced unpaid leave??

Thank you for quick response,

Unfortunately I bit the bullet and phoned the hospital and have now moved my surgery to the 19th, I've then phoned the boss back to report that I've managed to move it, to be told that he has decided (because of a change in circumstance) to send another employee instead.
he sounded very grateful that I was able to do this for him, and told me it wouldn't be forgotten.
However to the best of my knowledge there is still no work for me to actually do between now and my appointment, and so I shall find myself twiddling my thumbs, waiting for my now extended date, for no apparent reason.

[Tools]

Re: Forced unpaid leave??

On the plus side you will now be home for your toddlers birthday. Try to clarify with your boss about any work over the 2 week period, reminding him that you were acting in their best interests and that in return they should act in yours.