Can an employer force me to take annual leave if I am under a disciplinary investigation

[Observer]

I am hoping if someone can help with a problem my colleague is going through with their employer at the moment.

 

They have been told to stay away from their place of employment due to alleged inappropriate language being used in an unprofessional and threatening manner. They are not under suspension but it is subject of a disciplinary investigation.

 

A heated discussion was taking place in a departmental meeting with a more senior manager in which they came under attack. In response they defended themselves by saying that it was "bl**dy rubbish and they knew it was". No other swear words were used, however, a formal complaint was received resulting in the request to stay away. I am sure you will agree that this sort of language is used in the workplace all the time and is an extreme overreaction and petty to say the least.

 

They have stayed at home all of this week and their immediate manager has contacted themr today to say that they should remain off work next week as well and take it as annual leave, even though they is available to work.

 

Surely this is not right and cannot be enforced, what are their rights here?

 

Any advice on the whole subject will be greatly appreciated.

 

Thanks

[callumsgran]

Hiya, i'm no expert BUT i would say if your friend is banned from attending his workplace then he SHOULD BE suspended on full pay pending disciplinary action and should not be forced to take holidays

If he is eventually sacked then he is entitled to accumulated holiday pay AFAIK

Sounds to me like he's lost already

 

Unless of course he is self-employed or somesuch in which case things might be different, as i say i'm not an expert

[Observer]

Thanks for response. They have been told that they are definitely not suspended and should make themselves available to go and work at a different site after Easter.

 

Any further thoughts please on this issue and also on whether this constitutes serious misconduct?

 

Many thanks as always.

[yourbank]

I would add that your friend should ask for these instructions to be put in writing.

[callumsgran]

I wouldnt say using the word 'bloody' was serious misconduct unless of course they were swearing at her majesty or similar lol

 

I still dont see how they can force your friend to use his holiday pay to not work at a certain place when they have 'removed' him

 

Tell him to ring ACAS, they will put him right

[Observer]

Appreciate your input and will put your suggestions forward. Thanks