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anyone clued up on workers rights?
john_p_b - 9/2/09 at 08:14 PM

long story short.........

due to the snow last week and the fact my road was completely impossible to get out of due to the amount of snow on the ice and being on a hill i decided my own personal safety more important than my getting to work so didn't turn in.

been informed today that anyone who didn't turn up due to the weather conditions will be forced to take it as holiday.

any other year i wouldn't care but i'm getting married at the end of this year and all of my holidays are booked up around that so they've took a day off me for that so completely screwed up my plans!

can they actually force me to take it as holiday rather than just being absent?


blakep82 - 9/2/09 at 08:17 PM

i don't think they can. Most unions were saying last week that employers shouldn't be telling their workers they have to work back the time if they genuinely couldn't get in to work.
your case isn't quite the same, really, but it kind of is. i don't think they can do it


Shadowcaster - 9/2/09 at 08:21 PM

Not up on the subject but heres a page from the Beeb that might answer some of the questions

http://news.bbc.co.uk/1/hi/business/7867264.stm


James - 9/2/09 at 08:26 PM

If no one here can help then worth a visit to the citizens advice bureau.

If it turns out that your work is correct then you might atleast be able to negotiate with them tp have an extra day's leave in lieu of pay for that day.
Depends on how flexible they wish to be.

HTH,
James


martyn_16v - 9/2/09 at 08:48 PM

It's one whole big grey area. Your employer is actually entitled to discipline you for not turning up (which depending on your company procedure could even be dismissal) , but they'd have to prove that you didn't make a reasonable effort to get in which would be nigh on impossible. Making you take it as holiday is harsh, but well within their remit.


twybrow - 9/2/09 at 08:54 PM

I am intrigued to hear any responses, becuase our work told us the same today....


whitestu - 9/2/09 at 09:06 PM

It's the same at our place, but people have the option to make up the hours, take the day as unpaid leave or take holidays.


john_p_b - 9/2/09 at 09:10 PM

the thing thats pissed me off is that i asked the director what would have happened had i phoned in that morning and blatantly lied and said i had a headache or man flu or the parrot had died etc and he said it would have just been put down as sick/absent.

i can see i'm just gonna have to take this one on the chin and rearrange things abit but it just seems so wrong that i get penalised for being honest.


johnston - 9/2/09 at 10:58 PM

Did you phone in and say you couldnt make because of the weather??


Steve P - 10/2/09 at 07:37 AM

Might be worth a call here. http://www.acas.org.uk/index.aspx?articleid=1565


JoelP - 10/2/09 at 08:31 AM

i dont think they can rearrange your existing holiday plans if you have them booked properly - but that might mean in writing.

Id put your objections in writing to your manager or head of HR if your company has one. It certainly isnt fair of them, and it would cost them nothing to just knock a days pay off instead.


Mr Whippy - 10/2/09 at 08:37 AM

when you go off on your holday for the wedding, simply phone in sick, say you've got a tummy bug and take an extra week off work


idl1975 - 10/2/09 at 09:04 AM

Look at your contract of employment - I'm assuming you have one.

quote:
Originally posted by john_p_b
long story short.........

due to the snow last week and the fact my road was completely impossible to get out of due to the amount of snow on the ice and being on a hill i decided my own personal safety more important than my getting to work so didn't turn in.

been informed today that anyone who didn't turn up due to the weather conditions will be forced to take it as holiday.

any other year i wouldn't care but i'm getting married at the end of this year and all of my holidays are booked up around that so they've took a day off me for that so completely screwed up my plans!

can they actually force me to take it as holiday rather than just being absent?


David Jenkins - 10/2/09 at 09:05 AM

A colleague of mine got sacked for doing that trick...


LoMoss - 10/2/09 at 06:18 PM

My girlfriend is an HR consultant, here is her reply

Yes they can insist he either take as holiday or unpaid leave. There is no obligation on the employer to give an ex gratia day.....altho most have due to exceptional circumstances last week. Only other option could be to offset any overtime or take a day's leave from next year entitlement - altho employer may not allow this.

HTH

Moss


john_p_b - 10/2/09 at 08:20 PM

quote:
Originally posted by LoMoss
My girlfriend is an HR consultant, here is her reply

Yes they can insist he either take as holiday or unpaid leave. There is no obligation on the employer to give an ex gratia day.....altho most have due to exceptional circumstances last week. Only other option could be to offset any overtime or take a day's leave from next year entitlement - altho employer may not allow this.

HTH

Moss


as i suspected then. oh well, thanks for the input folks. still makes me sick that had i lied i'd have simply lost a days pay but as i was honest (i'm probably the only person in the company who is) i get screwed over for it.

we live and we learn.


David Jenkins - 10/2/09 at 10:16 PM

I am fortunate that I'm in the IT business - I can log in remotely via Citrix and give a full day's work from home, if required.

Others are less fortunate...