#Employment : Annual Leave Withdrawn after it began!

[merlyn2003]

I received aproval for 4 weeks Annual Leave.

 

My Leave began on the Friday but because I did not attend a meeting on the Monday my Leave was withdrawn and my employer has decided that I should attend a disciplinery to determine my continued employment.

 

Another employee also on Annual Leave that week is not being subjected to the same procedure.

 

It seems that I am the only person that was invited to this meeting and the only person not informed of it.

 

As the work Rotas for the month clearly show me as being on Annual Leave for this period is it legal for an employer to write to you 5 Days into your Annual Leave telling you that as you didn't attend the meeting you were being treated as being on Unauthorised Leave and that "you may have been confused in believing that you were on Annual Leave"

 

I have electronically signed copies of the Rotas sent to me by E-mail by my Employer that clearly show me as being on Annual Leave.

I have been working in this job for 3 years.

I was off sick for 4 months. I got a phased return to work but my employer decided that it would be best if I took my carry over Anual Leave from last year to be sure I was ready to return.

 

Hence the 4 weeks leave.

My employer has been very supportive with up to 5 phone calls per day landline and mobile with voice mails left on both as well as E-mails and letters all urging me to return to work.

Some have been a little aggressive and thretening but all encoraged me to obtain a Phased Return To Work.

 

Aparently a Phased Return To Work means that I am Fully Fit To Return To Work.

I am not a union member and the Union representative that I work with has said 'They cannot help me as they have been told by my employer not to communicate with me'

I am at a loss for what to do..!

 

In fact my employer is refusing to communicate with me and has instructed all my work collegues not to communicate with me.

My employer has not paid me for the period they claim I was on Unauthorised Leave, leaving me with NO MONEY to pay my bills!

 

Is this fair and legal or is this Unfair Dismissal?

Edited April 29, 2011 by merlyn2003

[RachelMD]

It certainly seems unfair.

Can you give more detail as to the background of the situation, so we might advise you?

[merlyn2003]

It is as it appears.

Edited April 29, 2011 by merlyn2003

[merlyn2003]

Are they allowed to sack me this way or is it unfair?

Please help.

[RachelMD]

Simple answer, no. They can't legally cancel your leave and you would be within your rights to refuse to return to work.

If it was agreed you were taking accrued leave, but then they changed their mind, they should have given you notice of at least the length of the leave prior to its commencement.

They might dismiss you in response to this, but from what you've said, you'd have a very good case at ET.

 

Your employers behaviour here is very unusual. What size is the business?

[merlyn2003]

Your employers behaviour here is very unusual. What size is the

business?

 

Local Authority

Council

[merlyn2003]

The tip of the issue is that I was phoned and told that I was on Accrued Annual Leave whether I liked it or not!

I was told to pop in at some time to discuss my return to work.

I was told that my Line Manager would be available "FROM" Monday but I could pop in and see her on any day as I had been sent the Rotas for the next 4 weeks.

NO appointment was set!

On the Tuesday she sent a digitally signed letter with no reference numbers (unusual) but CC'd the HR department that stated that as I didn't attend a meeting that she aranged on the Monday without informing me that she was treating my abcence as unauthorised backdated leave and that I may have been confused.

Quote from letter: "You may have been confused, believing that you were on Annual Leave however this was never agreed"

 

I was not asked if I wanted the Leave nor was I offered the Leave!

 

I was informed that I was being placed on Leave and that I had no choice!

 

I don't see any confusion there!

Edited April 29, 2011 by merlyn2003

[RachelMD]

Local Authority

Council

Bizarre. I just can't imagine that a LA would do such a thing as, seemingly, a punitive measure. This is more the behaviour of a small business individual owner with a strong tendancy to act in a capricious manner.

The meeting you were to attend, You say you were not given any notification of it, is that right? And was this meeting on the Monday before the start of your leave, or the Monday after the Friday when the leave started?

I'd suggest that you contact the Council HR dept. ASAP, and try and find out what's going on. There must be more to this, because I just find it inconceivable that a LA would act like this. It's employment law suicide. Keep a record of all correspondance, send everything by recorded delivery or email.

[Sidewinder]

If you were on Annual Leave, approved according to the employer's T&Cs then the holiday may only be cancelled by the employer if they give you notice equivalent to the period of Leave booked.

 

What you will need to do is to submit a Grievance, providing proof (names dates etc plus copies of the rota showing you as being on Annual Leave) and denial that you had been ordered to attend a meeting. You should also cite the fact that as the holiday was approved, it may not then be unauthorised without at least 4 weeks notice being given. The employer is basically telling you when you can (or in this case can not) take holiday, as is ther right, but only when the correct notice is given. This notice must be specified by contract, and if it is not then the 1:1 rule applies.

 

On the basis that the holiday was authorised, the failure to pay you may well also represent an Unauthorised Deduction.

 

What was the meeting about anyway?

[Sidewinder]

Apologies - I have duplicated some of Rachel's advice - I got sidetracked whilst writing!

[merlyn2003]

The monday after the leave began!

 

HR say that I would have an opportunity to present a defence at my disiplinary.

Please remember that I have been informed not to contact any LA employees and my Line manager has informed them NOT to contact me.. She even sent that E-mail to me.

 

My GP has sent them a letter to inform them that I will be unable to attend the 'Hearing' due to my Ill health (worsened by this whole affair).

Edited April 29, 2011 by merlyn2003

[merlyn2003]

I have all the evidence as it's been sent to my G-mail account and is all digitally signed.

My friend has read the Letters and E-mails I have been sent and is of the opinion that I am being subject to harasment by an Individual that is commiting career suicide and taking her employer with her.

He cant believe that this would be done with HR approval but all the letters and E-mails have been CC'd to HR and her DIRECT Superior.

If this was not the official position of the LA I am sure that another department would have stepped in and taken over the case HR or Legal.

My friend is pressing me to contact a Solicitor, he has even given me his families solicitor details to call on Tuesday and he has said he will have the Solicitor Visit me at home next week.

Should I?

What I have mentioned is just the 3 months of issues I have had many more issues over the last 3 years.

My last employee appraisel She described me as a Fairy.

[RachelMD]

Ah, so they've told you you'll face a disciplinary. Have they given you formal notice of that?

Are you a member of a union?

Solicitors cost money. Do you have any form of insurance that might provide legal cover? Home insurance sometimes does/

[merlyn2003]

The Rota shows me on Annual Leave from the 8th of April - 6th May 2011

 

The Disciplinary is for Unauthorised Abcence between 11th April - 6th May 2011

 

The meeting was allegedly on the 11th April 2011. However I was only invited to "pop in" to discuss my return to work before my AL expired.

 

The letter revoking my Annual Leave was dated 12th April 2011

 

I was informed on the 16th April 2011 that I was not to contact any LA employee and that they had been told not to communicate with me.

 

I have been formally notified that the Disciplinary is on the 6th of May 2011 before the head of service, HR representative and my Line manager for Unauthorised Abcence.

 

I am not a Union Member.

Edited April 29, 2011 by merlyn2003

[RachelMD]

Very strange.

Well, it should be clear-cut at the DH, if or when it happens. A LA would be insane to uphold this.

[Atlas01]

Bizarre. I just can't imagine that a LA would do such a thing as,

 

I can

 

I'm actually seeing this a nothing other than a monumental cockup, what i can't say if it is the OP or the LA who's wires are a little crossed

 

You need to get this issue resolved asap, the more you avoid it the worse it will get. If the LA has dropped a clanger they will sort it but don't think for one second every HR officer in an LA is a rocket scientist when it comes to their jobs, i've come across quite a few space cadets in my time

 

On a slightly different point, if your doctor has stated your too unfit to attend then in essence you may longer be on leave but may need to declare yourself sick via medical note

 

If the evidence you refer to is in place i'd expect that your employer will quickly back down, if this is the case make sure you ask for an extra days leave to cover the day you have to attend any investigatory/disciplinary

 

I must admit i do think you may have got something wrong on your side, although i can see an LA cocking up in this fashion what i cant get my head around is the 4 week block of leave been granted, most LA's never specify employees leave, the employee books it and it is then granted/refused.

 

If you have 3 yrs service then you would prob have a 21+2 days entitlement (not inc bank hols) meaning you had not had a single days leave before you went on the sick for 4 months in the first 8 months of the leave year to get 4 weeks accrued leave

 

Did you actually request this leave and/or discuss it at all before you saw it on the rota?

 

There is definitely more than meets the eye to this one

[suziebear67]

how can u b disciplined for unauthorised leave that u have not yet taken

Edited April 30, 2011 by suziebear67
spelling

[teaboy2]

I agree with Sidewinder here

 

Once they have authorized your leave they can only remove such authorization by giving you notice that is the equivalent to the amount of time you are due to take as leave, in this case 4 weeks notice prior to the 6th April. Also they are in breach of the employment rights act 1996 section 13 as a result of not paying your wages (Unauthorized Deductions of wages).

 

Secondly: They can not call you in for a meeting during your annual leave as attending such a meeting is deemed working, so they would have to A) rearrange the meeting to a date when you are not on annual leave or B) Pay you your standard hourly rate on top of your holiday pay for those hours in which you are in attendance. or C) Give you those hours for which your in attendance as holiday leave, i.e. an extra half days holiday.

 

So yes get in a grievance, as i can assure you if this went to ET they would have a field day with this and a nice sum of compensation would be heading your way.

 

Also as for the telephone calls, well any more than 3 calls a day on daily basis is deemed harassment, but the main thing for now is to get the grievance written up pointing out their breaches of employment law. They'll soon change their tune then.

[merlyn2003]

They have reinstated my pay in full.

The only problem is that they will not pay it till the next pay day.

Meanwhile I am being charged £40 per day for being late on my rent and I have been charged for bounced direct debits, late payments and overdraft charges that I would not have been charged if they had paid me on time.

All the charges for this month add up to 3 months pay and thats not including the fact I still owe the payments.

What should I do??

Please help.

[RachelMD]

If they unlawfully witheld payment of wages, they are liable for any charges you incur as a result of that.

Formal Grievance time.

[mariefab]

OK, could you fill in the gaps please?What happenened at the disciplinary? Did they decide that there was no case to answer?

 

Definitely formal grievance time as Rachel says.You had a statutory right to take the holiday and you have documented proof that it was authorised.They had no grounds to compel you to attend work for the meeting while you were exercising that right.Their action, in refusing to pay you for that period, has subjected you to a financial detriment.They have the choice to either put you back into the same financial position that you would have been in if they hadn't taken their unlawful action or wait for an employment tribunal to order them to do so.See section 45A of the Employment Rights Act.

 

P.S. If anyone out there knows how I can correct my current problem of having by beautifully ordered paragraphs and spacing turn into a single block of text every time I hit 'post reply' could they please let me know.

Edited May 13, 2011 by mariefab
asking for help

[Sidewinder]

Looks fine to me!