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[Help] ‘Unauthorised absence’



Bowers-sfc

forever red, never blue
Feb 20, 2011
234
Good people of NSC, bit of advice..

Me this time...

Anyway,

I recently had some time off from work ( holiday ) and on the night I was due to return, my car broke down at 2pm. I normally start work at 8pm. I phoned worked straight away to inform them. I spoke to my boss, and they insisted I come into work, and it wasn’t their problem, and I do get it to some degree. I told them I couldn’t afford to pay for taxis to and from work (£25 each way ) and it was the first night of a 4 night stint, so I requested holiday or unpaid leave for 1 night to give me time to sort my car out and arrange it being fixed, but also to sort out transport for the week. This was refused, and I was threatened on the phone call with being booked in for conduct if I wouldn’t make it into work.

I told them it would be unlikely I would be in, as by the time I was recovered and home, I wouldn’t get any sleep before work firstly, but also, I felt it was unreasonable for me to be expected to work a night shift, then have to get home and spend the day sorting out my car and transport for the rest of the week, all while trying to sleep before going back to the work that night as well.

Anyway, managed to get home at 6pm, told them I wouldn’t be in when I phoned them again and offered to work another night, or take holiday... this was again refused again and warned of the consequences of me not attending work.

I have since been booked in for conduct. Where do I stand? Legally?

Looking at acas under their unauthorised absence policy, they have followed that. Nor from their time away from work policy. Is there anything else you may know that might help
Me? Is there a health and Saftey part, regarding rest period between work, if they know I would have to stay awake to sort out my car. Then travel to work where I operate machinery and work a night shift.

I also stated, that i don’t have the benefit of working during the day where I could make phone calls or receive phone calls while I work, as nothing is open during the night.

I ended up paying £100 for a hire car out of my own pocket to make sure I could attend work the rest of the week. I have gained nothing from this, apart from end up more out of pocket. The money I pay for the 1 night I couldn’t get to work. The hire car. The repair cost etc..

Advice? Thoughts? Just suck it up and I should have gone in regardless?

Thanks again.
 




Wardy's twin

Well-known member
Oct 21, 2014
8,434
what does your union say about it. Even if you are not a member they might offer some free advice.
 




pasty

A different kind of pasty
Jul 5, 2003
30,271
West, West, West Sussex
Reminds me of one of the many reasons I decided to get out of the RAF.

I was best man for a mate in a town about 100 miles from camp, and the day after there was a train strike (I don't drive), and I couldn't get back to camp in time for my next shift. I was charged for "failing to make provision for return to camp"

Got 14 days jankers for a bloody train strike :rant:
 


Stat Brother

Well-known member
NSC Patron
Jul 11, 2003
73,664
West west west Sussex
Not advise but it sounds like you work for the Coventry University Netball Team.

Assuming this is your first conduct issue and not another conduct issue I'd 'suck it up' and start looking elsewhere for work.
 






South Stand Bonfire

Who lit that match then?
NSC Patron
Jan 24, 2009
2,195
Shoreham-a-la-mer
Good people of NSC, bit of advice..

Me this time...

Anyway,

I recently had some time off from work ( holiday ) and on the night I was due to return, my car broke down at 2pm. I normally start work at 8pm. I phoned worked straight away to inform them. I spoke to my boss, and they insisted I come into work, and it wasn’t their problem, and I do get it to some degree. I told them I couldn’t afford to pay for taxis to and from work (£25 each way ) and it was the first night of a 4 night stint, so I requested holiday or unpaid leave for 1 night to give me time to sort my car out and arrange it being fixed, but also to sort out transport for the week. This was refused, and I was threatened on the phone call with being booked in for conduct if I wouldn’t make it into work.

I told them it would be unlikely I would be in, as by the time I was recovered and home, I wouldn’t get any sleep before work firstly, but also, I felt it was unreasonable for me to be expected to work a night shift, then have to get home and spend the day sorting out my car and transport for the rest of the week, all while trying to sleep before going back to the work that night as well.

Anyway, managed to get home at 6pm, told them I wouldn’t be in when I phoned them again and offered to work another night, or take holiday... this was again refused again and warned of the consequences of me not attending work.

I have since been booked in for conduct. Where do I stand? Legally?

Looking at acas under their unauthorised absence policy, they have followed that. Nor from their time away from work policy. Is there anything else you may know that might help
Me? Is there a health and Saftey part, regarding rest period between work, if they know I would have to stay awake to sort out my car. Then travel to work where I operate machinery and work a night shift.

I also stated, that i don’t have the benefit of working during the day where I could make phone calls or receive phone calls while I work, as nothing is open during the night.

I ended up paying £100 for a hire car out of my own pocket to make sure I could attend work the rest of the week. I have gained nothing from this, apart from end up more out of pocket. The money I pay for the 1 night I couldn’t get to work. The hire car. The repair cost etc..

Advice? Thoughts? Just suck it up and I should have gone in regardless?

Thanks again.

How long have you been employed there? If I was making that decision, it would make a difference to me if say you have been a long term employee where you’ve been flexible in the past, compared to say someone who has been employed less than a year.

Check your terms and conditions of employment, it’s not necessarily who is morally right or wrong, it is about proving you or your employers followed protocol to the letter.

CAB could advise you.
 








Official Old Man

Uckfield Seagull
Aug 27, 2011
8,544
Brighton
As a boss and manager of staff, suck it up regardless.
Firstly, why were you out driving at 2pm when you had a night shift to go to?
That said, it depends how much you want your job and how much they need you.
Personally, I would expect you in but would have given you a little leeway to be late whilst you got picked up in your broken car. You were good enough to tell them and keep them informed. Getting home at 6pm meant you could have gone to work. The 'having no sleep' takes me back to line two.
If, as you say, you have hired a car, I'd have known you made a lot of effort to get into work and it would have been good. See, turn up at 9pm in a hire car means you are keen and are a good member of staff.
Check your contract regarding misconduct and how your system works. This isn't a straight sack-able offence unless of course it's not the first time.
Remember, I'm a boss paying wages to staff and only want staff who want the job.
 


Bowers-sfc

forever red, never blue
Feb 20, 2011
234
how many work on your shift?
how many same skills as you are employed?

I’m actually management level, we normally run with 1 manager per night. This night there was me and another manager scheduled. I’d say 5 nights out of 7, we have 1 manager. This was one of our least busy nights and wouldn’t have required 2, it’s just how the schedules fell that week.
 






Dirty Dave

Well-known member
Aug 28, 2006
2,988
Worthing
Is there anyone on your shift pattern that could've given you lifts to and from work in the short term?

Sent from my SM-A405FN using Tapatalk
 


Bowers-sfc

forever red, never blue
Feb 20, 2011
234
As a boss and manager of staff, suck it up regardless.
Firstly, why were you out driving at 2pm when you had a night shift to go to?
That said, it depends how much you want your job and how much they need you.
Personally, I would expect you in but would have given you a little leeway to be late whilst you got picked up in your broken car. You were good enough to tell them and keep them informed. Getting home at 6pm meant you could have gone to work. The 'having no sleep' takes me back to line two.
If, as you say, you have hired a car, I'd have known you made a lot of effort to get into work and it would have been good. See, turn up at 9pm in a hire car means you are keen and are a good member of staff.
Check your contract regarding misconduct and how your system works. This isn't a straight sack-able offence unless of course it's not the first time.
Remember, I'm a boss paying wages to staff and only want staff who want the job.

Sorry, I didn’t make it clear. I wasn’t able to pick up a hire car until the next day. When I tried, there was nothing available, and had to pick up from 9am the next day. And when I did get there, after booking and paying for a car from 9am, there wasn’t a car ready for me, so had to wait until 10:30 for a car.
 




The Wookiee

Back From The Dead
Nov 10, 2003
14,850
Worthing
Should have paid cab for the one shift £50 and found a garage that could fix car for the next day ???

Would have saved you £50 and all the grief from your boss !
 


Bowers-sfc

forever red, never blue
Feb 20, 2011
234
How long have you been employed there? If I was making that decision, it would make a difference to me if say you have been a long term employee where you’ve been flexible in the past, compared to say someone who has been employed less than a year.

Check your terms and conditions of employment, it’s not necessarily who is morally right or wrong, it is about proving you or your employers followed protocol to the letter.

CAB could advise you.

5 years, always flexible
In the past, come in last minute to cover sickness, overtime etc.
No issues in the past with relationship or anything, so was shocked to see their stance on it really.
 




Bowers-sfc

forever red, never blue
Feb 20, 2011
234
Is there anyone on your shift pattern that could've given you lifts to and from work in the short term?

Sent from my SM-A405FN using Tapatalk

Not really, I don’t live local to where I work. About 15 miles from my home. And most colleagues are local and don’t drive

My main issue really is the fact I wouldn’t have had a chance to sort out getting a hire car, or getting my car fixed without basically having no sleep the day after my first shift back, when I wouldn’t have slept before that shift either due to getting back late.
 




Tom Hark Preston Park

Will Post For Cash
Jul 6, 2003
70,151
Sorry, I didn’t make it clear. I wasn’t able to pick up a hire car until the next day. When I tried, there was nothing available, and had to pick up from 9am the next day. And when I did get there, after booking and paying for a car from 9am, there wasn’t a car ready for me, so had to wait until 10:30 for a car.

Sorry, but does sound like you're a bit of a car crash of an employee, at least on this occasion in your boss's eyes. Boss just wants the shift covered. Boss isn't in the least bit interested in your convoluted explanation/excuse. Just sounds like the dog ate your homework. Maybe time to move on from that perception - in one way or another
 


Bowers-sfc

forever red, never blue
Feb 20, 2011
234
Should have paid cab for the one shift £50 and found a garage that could fix car for the next day ???

Would have saved you £50 and all the grief from your boss !


Not
Quite, one of the issues on the car was under warranty, so needed to go to same
Garage I had the work done at previously.
 


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