advice about berevement, could my husband loose his job?

[Amylisa]

My husbands grandmother suddenly died in November last year. He got a phone call telling him she had passed away 2 hours before he was due to go to work. He was in a really bad state and wasn't fit for work (he is a bus driver, he couldn't even manage to put his shoes on because he was so emotional so definitely in no state to drive a bus full of passengers on busy roads).
He phoned his employer to say he wouldn't make it in, they weren't very happy about it but my husband told them he wouldn't be in. He also took the next day off as well. When he went back to work (less than 48 hours after she passed away) he went to go speak to his supervisor who told him that he wasn't entitled to any time off as she wasn't a dependant. My husband was very close to his grandmother as she practically raised him from 8 years old. His employers were very rude and inconsiderate about the whole situation. The marked it down as sick days.
It took 4 weeks for everything to be ready for the funeral (post mortem took ages) when we finally knew the date he went into work to ask if he could swap his days off so that he would be off on the day of the funeral. They refused to do this and said that it would have to be marked down as a sick day.
He went into work this morning and got told he has a disciplinary hearing this afternoon about the time he took of (2 days in November and 1 in December). He is worried he is going to lose his job over it now.
Is there any advice you can offer me on this situation?

[Amethyst]

Re: advice about berevement, could my husband loose his job?

Legally they only need to allow compassionate leave for dependents ( Section 57(A) Employment Rights Act 1996) although many companies have a policy which allows for discretion.

Could he take the days as holiday rather than sick ?

What is the company policy on sick leave ? how many occassions before a disciplinary issue is raised ? ( seems extreme if he has only had those 3 days off in the last year?)

Just tagging [MENTION=26290]mariefab[/MENTION] to take a look ref the Disciplinary.

[mariefab]

Re: advice about berevement, could my husband loose his job?

A couple of hours is nowhere near long enough notice for a disciplinary hearing.
I would suggest that he ask for at least a couple of days notice not least because he needs to arrange to be accompanied by a union rep or a work colleague and then inform his employer of his choice of companion.

[mariefab]

Re: advice about berevement, could my husband loose his job?

If they refuse to postpone it, ask for written reasons for this refusal.
Let us know what happens, we can help him to prepare for either the postponed disciplinary or, if necessary the appeal.

From what you've said so far, on the 2 days in November putting it down as sickness seems appropriate. As for the day in December; although they refused to let him swap days off they didn't say he couldn't take the day off, instead they decided to inaccurately put it down as a sick day, therefore it was an authorised absence. So, if the disciplinary is on the grounds of absence it should really only be looking at the 2 days in November.

[Amylisa]

Re: advice about berevement, could my husband loose his job?

Thanks
[MENTION=6]Amethyst[/MENTION] he had originally asked for to take the days off as holiday days but they wouldn't allow it. He has set holidays that the company dictate and he's not allowed a choice in his holiday days. I don't know what the policy is, I've told him to ask for a copy of it today. He also had 4 days off in june that was for a work injury that the company paid for treatment for. I'm not sure if that would count towards his sick days or not.
[MENTION=26290]mariefab[/MENTION] I thought it was strange that he only found out this morning about it. I wont be able to contact him to tell him to postpone it. He is driving a bus and then coming straight off the bus into his disciplinary. (he obviously isn't allowed his phone on the bus). I'll send him a text though incase he has time to check it before the meeting.

They know he is looking for another job as he has had quite a few issues with them. He is worried they are just going to fire him for it.

[mariefab]

Re: advice about berevement, could my husband loose his job?

How long has he worked there? (Fingers crossed for 2 years or more.)

[Amylisa]

Re: advice about berevement, could my husband loose his job?

nope 11 months

[Openlaw15]

Re: advice about berevement, could my husband loose his job?

My husbands grandmother suddenly died in November last year. He got a phone call telling him she had passed away 2 hours before he was due to go to work. He was in a really bad state and wasn't fit for work (he is a bus driver, he couldn't even manage to put his shoes on because he was so emotional so definitely in no state to drive a bus full of passengers on busy roads).
He phoned his employer to say he wouldn't make it in, they weren't very happy about it but my husband told them he wouldn't be in. He also took the next day off as well. When he went back to work (less than 48 hours after she passed away) he went to go speak to his supervisor who told him that he wasn't entitled to any time off as she wasn't a dependant. My husband was very close to his grandmother as she practically raised him from 8 years old. His employers were very rude and inconsiderate about the whole situation. The marked it down as sick days.
It took 4 weeks for everything to be ready for the funeral (post mortem took ages) when we finally knew the date he went into work to ask if he could swap his days off so that he would be off on the day of the funeral. They refused to do this and said that it would have to be marked down as a sick day.
He went into work this morning and got told he has a disciplinary hearing this afternoon about the time he took of (2 days in November and 1 in December). He is worried he is going to lose his job over it now.
Is there any advice you can offer me on this situation?

What's the name of this bus company, how cruel to sack someone because they were in grief. Find out what is the bus company's policy. Bus drivers work terrible hour, stupid o' clock starts and finishes, without bus drivers it would be extremely difficult to get around except for cars maybe. Bus drivers only cover routes and companies get paid to cover those routes by another agency. I would put a complaint in. It sounds like a small company to me as the likes of Arriva would never do this? Is this a school run or a qualified PCV driver undertaking normal bus driving (stage carriage) duties?