Sacked/Resign

[AberlourJameson]

Yesterday I booked off 3 weeks to go to Florida, in July/August.

Today I recieved a voicemail off my manager, saying there is no way I can have those three weeks off, and if it is the case that I'm going, then I have no job.

I don't feel this is very fair, because this doesn't mean the shop is going to suffer if I did go on holiday, and I have been working there for a year, and staff have taken this length of time off, while I've been working here, and it's being easily covered.

She hasn't given it a second thought, or even thought of the idea of me going to Florida, without sacking me, or making me resign. This is the second time she's threatened me with my job, previously I went into work to ask about being underpaid, she instantly said that I was wrong and I hadn't been underpaid, and told me that if I didn't like it I should hand my notice in (turns out she was wrong, and payroll paid me the hours wrong a week after pay day).

 

Anyway, I don't know what to do here, or whether she's allowed to sack me for this, so I need some advice,

 

Thanks,

AberlourJameson

[yourbank]

Have the flights been booked?

[AberlourJameson]

The have by my father

[yourbank]

Was holiday formerly agreed prior to the booking of the holiday?

I think if she wants you to stop your holiday then she needs to recompense you on any money you will lose if you have to cancel the flights. If there is none offered then put it down in writing that you are unable to cancel the holiday on the grounds that holiday was asked for, agreed to and flight booked as a result.

Are they asking you to move your holiday forward or backwards?

[AberlourJameson]

She doesn't want me to go because of the length of time.

Not because of when it is.

I am in the wrong as I didn't know my dad had booked the flights, until this weekend, or infact that I was actually going.

[yourbank]

If I were you I would call ACAS and ask them where you stand on this.

Acas - How can we help?

[AberlourJameson]

Thanks very much

[AberlourJameson]

I have discussed the matter with my manager, and she wants me to hand my notice today.

Can I refuse to hand it in and work up until when I go abroad?

[WelshMam2009]

I have discussed the matter with my manager, and she wants me to hand my notice today.

Can I refuse to hand it in and work up until when I go abroad?

 

Yes, of course you can!! She can't tell you to hand your notice in!!

 

Is there anyone you can complain to above your manager?? Do you have an HR dept or is it a small concern?

 

To be honest, I used to work in the public sector and we always had to apply for special leave for anything over 2 weeks.

[AberlourJameson]

Well,

She has hired a new staff member (in one day?) and I haven't handed my notice in. So she's messed up, and now she's overstaffed. I'm calling HR tomorrow, to find out if her claim that it's company policy that I'm only allowed one week off in one go is legit.

 

I'm so disraught by this. I've only taken one holiday off sice I've worked there, which was for 3 days and agreed on my interview when I started, I haven't taken a single day sick, and I've been covering for 2 staff members for the past month.

[WelshMam2009]

Well,

She has hired a new staff member (in one day?) and I haven't handed my notice in. So she's messed up, and now she's overstaffed. I'm calling HR tomorrow, to find out if her claim that it's company policy that I'm only allowed one week off in one go is legit.

 

I'm so disraught by this. I've only taken one holiday off sice I've worked there, which was for 3 days and agreed on my interview when I started, I haven't taken a single day sick, and I've been covering for 2 staff members for the past month.

 

Explains why she wants you to hand your notice in a bit pronto then, doesn't it!!

 

You may want to consider submitting a grievance...but speaking to HR is a good first step.

 

Honestly, from what you've said above, she's acting extremely unprofessionally and it could even be construed as bullying and harrassment.

 

But, don't worry about it, do something constructive to change the situation. Make that appointment with HR and make sure you mention that SHE told you that she wanted you to hand in your notice.... you could even back this statement up by referring to the new member of staff she's taken on to "replace" you!!

 

Stress that your Dad booked the holiday as a surprise and you honestly had no idea that booking time off was going to be a problem as you expected the same fair and equitable treatment as is afforded to other employees.

 

Tell them that you're distraught at the prospect of having to hand in your notice in order to go on holidays as you really enjoy your job.

 

Also, make sure that you're keeping a record of any incidents or conversations of any relevance...especially when it comes to the notice bit.

 

You sound quite young but please don't let this get you down. Take a deep breath, keep a cool head and think positive. Keep telling yourself that you will get to go on holidays and you will get to keep your job!

 

Let me know how you get on with HR.

[AberlourJameson]

Thanks for the support, and yes I am young, (20) this is my first job that has been important to me, due to the fact I'm living independantly for university, and her asking me to resign means that I will need a new job to afford to live here in rented accommodation.

I'm quite angered by the fact that she told me that I did a stupid thing by requesting the holiday, and that I'll not find another job, and not be able to pay rent, she depends on me for many things and she expected me to say that I'll cancel the holiday.

Se definately jumped the gun by employing someone before I've handed my notice in, but she thinks that I don't know my rights and that if she asks me to resign, I'm just going to accept it, but she doesn't know I'm taking action, and I can see her being pretty shocked when I do actually take action, because she knows I'm usually a walk over.

I've been through a lot of **** with her, 2 investigations, and one disciplinary hearing, over things that have been poorly justified, and also performed by staff other than me therefore resulting in no disciplinary action by head office.

I've been told by an ex manager of the same shop I work in, that she is bullying me, and everything she has done is not part of company procedure.

So, after everything I've been through, I'm finally going to make a stand against her.

[havinastella]

She's a bully, simple as.

 

You have law backing you up, she has a broomstick.

 

Stay strong.

 

JOgs

[WelshMam2009]

Thanks for the support, and yes I am young, (20) this is my first job that has been important to me, due to the fact I'm living independantly for university, and her asking me to resign means that I will need a new job to afford to live here in rented accommodation.

I'm quite angered by the fact that she told me that I did a stupid thing by requesting the holiday, and that I'll not find another job, and not be able to pay rent, she depends on me for many things and she expected me to say that I'll cancel the holiday.

Se definately jumped the gun by employing someone before I've handed my notice in, but she thinks that I don't know my rights and that if she asks me to resign, I'm just going to accept it, but she doesn't know I'm taking action, and I can see her being pretty shocked when I do actually take action, because she knows I'm usually a walk over.

I've been through a lot of **** with her, 2 investigations, and one disciplinary hearing, over things that have been poorly justified, and also performed by staff other than me therefore resulting in no disciplinary action by head office.

I've been told by an ex manager of the same shop I work in, that she is bullying me, and everything she has done is not part of company procedure.

So, after everything I've been through, I'm finally going to make a stand against her.

 

Good for you!!

 

Just try and detach yourself from the situation, don't get emotional and imagine what you'd be advising a friend to do if they were in this position.

 

But, get your complaint in as soon as possible...before she can stir up any more trouble for you.

 

Take care

[AberlourJameson]

Seriously, I stumbled upon this forum by mistake, and you all seem to be really helpful, I've a history of letting people walk upon me, and you all have given me the incentive to fight.

 

I thank you all.

And I will keep you updated on everything that occurs.

 

If there was a Kudos system on her, you'd all get points.

 

Thanks,

AberlourJameson

[skonk]

I know how hard it is for someone who is just not used to standing up to people to start doing so, but don't forget, you have done nothing wrong. You have given her about 4 months notice, and I'm sorry, but you are entitled to your holidays, and if they can't start finding cover for you with around 4 months notice, then she shouldn't be a manager.

 

I totally agree with the above about your meeting with HR. Have you got a copy of your contract? If so, have a look about holidays. I know some places ask for a letter to request longer than two weeks. Basically, she can't tell you to hand your notice in, and I agree that this woman is bullying you, pure and simple. You've said you're only 20, well, she sees you as an easy target who will do whatever she tells you. Make sure you get enough facts and be prepared for your meeting with HR.

 

Tell HR that you a re offended by being told to hand in your notice, and you can back this up as she has already employed a replacement for you. This isn't going to look good for her at all. On no account do you hand your notice in. This holiday was a surprise, and it's not as if you've sprung it on them with a week to go.

 

Don't let this woman bully at all. Even if she makes you feel low, you always have this thread to come on and people will give you the support you need. No one on this site likes a bully who picks on vulnerable people.

 

Stand up for yourself, get all your facts together, and tell HR how it is. You may be surprised to find that they have no idea she is like this. A lot of HR don't know this goes on, and when they find out, they will try to stamp it out.

 

Good luck, and let us know how you get on, and remember, stay strong and focused and don't let this woman get the better of you.

[WelshMam2009]

If there was a Kudos system on her, you'd all get points

 

lol See them little scales in the bottom right corner......!!

 

Seriously though, just keep calm and don't do anything that would give her grounds for dragging you into another disciplinary.

 

Have a great day!!

[WelshMam2009]

Just thought of something...is there anyway you can download and save your voicemail??

 

(Re: post 1)

[AberlourJameson]

I got a new phone the other day, that saves voicemails,

I have two now, she called me this morning shouting at me because I wasn't at work, I called her back and said that my shift wasn't till 6pm, and she wouldn't listen, I finalised by asking her if she was looking at next weeks rota, she was, and then she blamed me for putting the rota in the folder the wrong way, automatically justifying her early morning call.

 

Bleugh

[WelshMam2009]

I got a new phone the other day, that saves voicemails,

I have two now, she called me this morning shouting at me because I wasn't at work, I called her back and said that my shift wasn't till 6pm, and she wouldn't listen, I finalised by asking her if she was looking at next weeks rota, she was, and then she blamed me for putting the rota in the folder the wrong way, automatically justifying her early morning call.

 

Bleugh

 

Brilliant!!

 

I would ring HR straight away and ask to make an urgent appointment to see someone regarding a serious employment matter.

 

There is no doubt that this is bullying and harrassment.

[AberlourJameson]

CAB Have told me that she can dismiss me because I've not worked there for a year yet, but I'm still not handing my notice in, and they've told me to write a letter to HR and go back with the reply and Contract.

If she wants to dismiss me, she can go through the correct procedure, and not rely on me to hand in my resignation.

[WelshMam2009]

CAB Have told me that she can dismiss me because I've not worked there for a year yet, but I'm still not handing my notice in, and they've told me to write a letter to HR and go back with the reply and Contract.

If she wants to dismiss me, she can go through the correct procedure, and not rely on me to hand in my resignation.

 

Exactly, she has to have good reason and I'm pretty sure that the law changed a while back and there is a form of disciplinary hearing that needs to take place first.

 

I'll have a look at the legislation for you when I get a few moments this evening.

 

Have you made that HR appointment yet??

[AberlourJameson]

No I left the number at work last night, so will have to get it again tonight. I won't be able to make an appoint until tomorrow morning, as Head office closes at 5 and I'm not in till 6.

[AberlourJameson]

I googled the head office and got the number ahaha

I'm about to call them

 

Thanks

[AberlourJameson]

I've called HR, and they've instructed me to email, and write to Head Office, (specifically to the person I talked to on the phone) everything I said over the phone, so she has it in writing. I've written my letter, and am posting it tomorrow, but emailing it to them now.

As soon as I put the phone down my manager called me, and asked me what I was doing, and when I was handing in my resignation. I told her I was doing nothing at this time. She claims that she is "up in arms" with staff, and needs to know asap, and then started asking me what days my flights were (I booked off the day previous, and the day after for packing and jet lag). She has told me that there are 2 holidays booked in July and August, and one of them is booked during the time I will be away. This wasn't booked before I booked my holiday off. I don't know why she would ask this.

I spoke to a staff member today who is off sick, and asked her how long she booked off last summer, she said 3 weeks. So my manager has been lying to me about company policy.

Now I have all current staff members behind me (except the new starters) plus a previous staff member, that resigned no longer than 2 weeks ago.

 

I seem to be making headway on this, which I wouldn't have done with out the support of this forum, or other staff members.

 

Thanks once again.