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    • Exactly, any data processing is automaticvlly illegal  as you say EB in the case of no ICO Registration.
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Mortycai

Hi, anyone know about employment law please? Odd situation

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Hello good people of Consumer Action Group, thanks for having me! I find myself in a work situation that I'd really appreciate some legislation-backed-up fact. I've been working for my company manual work minimum wage for nearly 4 years, never rocked the boat, always did my best to keep everyone sweet and help out where I could when people called in sick with management.

 

However, I now find myself in a quandary where I need to take a few days off that have been expressly disallowed by da boss.

 

Our rota goes up a few days before it starts for every two weeks going forward. The boss still finds it acceptable however to change it willy-nilly as the needs of the business dictate. Fair enough if it's a small one-man show, but this is a multi-national. So near Christmas it becomes problematic when people with children suddenly "discover" a once in a life time children's play, or family emergency, I've always tried to help out as I'm a single childless guy. But I have something I must do on Friday 14th that demands I take the day off. I asked the boss, immediately I saw the rota go up today. NO!

 

I said, sorry but YES!!

 

He said review your position, I'll make you work it or give you a disciplinary.

 

I WILL be taking it off, morally and actually.

 

What can I do to avoid the inevitable storm and bad feeling that will result despite me giving him nearly 3 weeks notice about it? It's unfortunate in that unusually this close to Christmas there is no-one else who can cover this specific shift, but I feel given my track record of always covering everyone else with their "sudden child sickness/need to go shopping" issues, etc, that I'm morally in the right to ask for this one little day off.

 

I am prepared to die on this hill. (I'm looking for a new job already for new year), but I don't want to leave on bad terms by just handing in my one week notice now. And then get a bad reference. Especially after 4 years of actually quite enjoying the job and feeling a mutual respect with the boss. But he's dug his heels in with this; and so have I!

 

Any legislation to help me with my stand? Thank you.

 

Pg

Edited by fkofilee
Cleaned UP - MSE Removed

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Permanant employee? They can dictate exactly when you take your leave, unless the union has agreed otherwise.

 

Casual/ zero hours? You can say no. Then they can decide you're getting less hours, because you are inflexible.

 

Have you tried to organise a shift swap? Can you reorganise your work so it still gets done?

 

BTW I am not a fan of insulting other forums/ posters. It is ok to just ask your question again and see what you get.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Permanant employee? They can dictate exactly when you take your leave, unless the union has agreed otherwise.

 

Casual/ zero hours? You can say no. Then they can decide you're getting less hours, because you are inflexible.

I tried the obvious things already, hence why I'm now asking online.

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My contract states a 'week's notice'.

I could leave next week and totally f**k his business.

I don't want to do that.

I like the guy.

After 4 years I consider him a friend.

But I don't need the money.

And I find his intractability on this one day off quite irritating.

So, is there any legislation that can back me up for taking a day denied?

Thanks

(Judging by Emmzzi's last employer is always right posting history, I'd be grateful if she butts out thank you)

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Permanant employee? They can dictate exactly when you take your leave, unless the union has agreed otherwise.

 

Casual/ zero hours? You can say no. Then they can decide you're getting less hours, because you are inflexible.

I tried the obvious things already, hence why I'm now asking online.

I think you are, unfortunately, missing the point. If you are told you cannot have the day off, then morals, fairness, and what others do address all irrelevant. You cannot have the day off, and if your take it anyway, you can be disciplined, possibly dismissed, or offered no further work, friending on your employment status. There is no other option. Comply, or accept the consequences of not doing so.

 

- - - Updated - - -

 

Permanant employee? They can dictate exactly when you take your leave, unless the union has agreed otherwise.

 

Casual/ zero hours? You can say no. Then they can decide you're getting less hours, because you are inflexible.

I tried the obvious things already, hence why I'm now asking online.

I think you are, unfortunately, missing the point. If you are told you cannot have the day off, then morals, fairness, and what others do address all irrelevant. You cannot have the day off, and if your take it anyway, you can be disciplined, possibly dismissed, or offered no further work, friending on your employment status. There is no other option. Comply, or accept the consequences of not doing so.

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Hi Mortycai, welcome to CAG.

 

You've elected to post on a public forum so you're going to get opinions you agree with and others you don't, that's the nature of public forums. But I'm afraid you don't get to dictate who answers and who doesn't.

 

HB


Illegitimi non carborundum

 

 

 

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My contract states a 'week's notice'.

I could leave next week and totally f**k his business.

I don't want to do that.

I like the guy.

After 4 years I consider him a friend.

But I don't need the money.

And I find his intractability on this one day off quite irritating.

So, is there any legislation that can back me up for taking a day denied?

Thanks

(Judging by Emmzzi's last employer is always right posting history, I'd be grateful if she butts out thank you)

And she is absolutely correct. Are you always so rude when people tell you something you don't like? If that is how you responded to your employer, they aren't likely to be willing to be flexible, are they?

 

Sorry, but we can't changed the law for you. It remains as it was - you have no legal right to tell any employer when you will take leave. They do have the right to tell you when you will or won't take leave.

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As you're already looking for another job, I'll say, screw the boss.

Give him the one week notice and don't forget that you have accrued annual leave which he needs to pay.

I bet my right eye that he will change his attitude immediately and will say something along these lines: "is this about that day off you asked for? I don't have a problem you taking it, in fact, I was gonna speak to you today but I forgot. Let's go for a pint after work and forget about the notice"

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King - I'm thinking the same thing, but I'm old school and I believe in loyalty and integrity - I don't want to leave him in the clart. But his attitude is leaving me with little choice.

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Unfortunately I'm not trained or qualified in employment law. Your best bets are people like Emmzzi, Sangie and others.

 

Please try to remain open to different opinions and see what the consensus is tomorrow. :)

 

HB


Illegitimi non carborundum

 

 

 

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Of course Honeybee, and I apologise if I came across angry, it's just that I feel very vulnerable about my issue right now, and having looked around the forum for 'Emmzzis" posts she sounds very sad, negative, angry, and judgmental. Almost all of her posts seem to say "boss good/worker [removed]" and takes great pleasure in delivering the news too! I don't wan't to indulge her ego, she may be protected - fine. I came here to get legal advice please - can you offer any Honeybee? I'd be grateful...

 

What you are failing to understand is that the law, generally, favours the employer and definitely not the employee. There are people around who will tell you a pile of rubbish, because it suits their own agenda - they don't give a Damn about you or your position. Your asked for "the law" - you have been told the law. Unfortunately the law doesn't support your position. That isn't Emmzzis fault.

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King - I'm thinking the same thing, but I'm old school and I believe in loyalty and integrity - I don't want to leave him in the clart. But his attitude is leaving me with little choice.

 

I used to be like you when I was young and naive, then an old fella told me: "the boss won't pay you if you didn't produce at least 10 times more than you earn. So if you don't show up for work their loss is more then yours. You got them by the (jewels) if you are prepared to stand up for yourself"

I lost a job once in the following 20 years because I followed that advice, but I didn't regret it and now I still preach the same tunes.

99% of my bosses have left me alone to make money for them without bothering me because they know I won't take their abuse.

Forget about loyalty and integrity at work, keep these morals for your family.

It's a war out there and you are the target.

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What would happen if you took a day or two off with a certified doctors note

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What would happen if you took a day or two off with a certified doctors note

 

You'd probably pay for the doctor's note since they don't producer them for the self-certification week. And a doctor's note doesn't productive any form of immunity against allegations of faking it.

 

If you are going to take the leave anyway, regardless of it not being approved, then I'd suggest it's better to tell the blunt truth. Tell the manager in advance that you intend to take it, approved or not, to enable them to manage the absence. You might get away with it. You might not. But you know exactly the risk got are taking and giving them a chance to cover the absence. It's far worse to get caught lying - almost certain dismissal for that, and justifiably - or allow them to think you'll be there when you won't be. You already know the legal position, which is what you asked about. If you decide that you must ignore that and go your own way, have the integrity to be honest about it.

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What does your contract of employment say about holiday leave?

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read the working time regs and make your boss follow the procedure to the letter. You wont get the day off but you can tie them up in knots and make them look ignorant. that way you will get your day off next time as they wont want their boss slapping them for screwing up such a small thing. make sure their boss gets the grievance as I would warrant that the problem is very localiseda nd not even a problem for thestore as a whole

 

Also, photograph your rota every week and then when it gets chanegd you will have something else ot write to your boss about.

 

Many supervisors and managers in the supermarkets hate their jobs because they get it from both ends and that is because the management chain is dreadful in many instances so peopel get moved around a lot. Your boss may well end up in another dept

Edited by honeybee13
Paras

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