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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, my name isXXXXX am single mum of 2,5 years boy. My employer

Resolved Question:

Hi, my name isXXXXX am single mum of 2,5 years boy. My employer put me on disciplinary hearing. Reasons are lateness and something else what I do not do on regular basis. I had been late 5 times 7/3 for 30min I could not lock my flat so I have called specialist,25/3 for 20min,24/4 for 1hour and half my son father was late to pick him up,5/5 for 15 min and 23/5 for 20min my sister who look after my son when I am at work, forget to pick him up. Three of them were emergency. And all occasions I had call to shop floor that I am coming late.
I am not late like every second day I do not do it on purpose. In work book is written that we have to call to shop. I should plan my journey to work ahead how they said but nobody told me that is wrong to call to shop to tell them I am late so both things are wrong.
And they put me on disciplinary after 2 moths where during these 2 months I wasn't late at all. What is lateness in law and could she put me on disciplinary even I called to shop that I will be late?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


Lateness is simply not coming in to work on time. If you have a contract that states your working hours or a rota that says when you are expected in to work then if you do not adhere to these and commence work later than expected, it would be classified as lateness. It is irrelevant whether it is 5 mins or 60 mins late - late is late.


 


Whilst there may be a policy that states you are expected to call in to work to inform them that you will be late, that will only protect you to an extent that you will not be treated as having an unauthorised absence and will keep the employer in the loop, but it will not remove the fact that you were late. So it is entirely possible for an employer to commence disciplinary proceedings for persistent lateness, although the fairness of such proceedings and their outcome would very much depend on the frequency, reasons and duration of lateness.

Customer:

So in that case they should put to contract and state that even if you are late and you call to shop to apologise and say reasons we will put you on disciplinary anyway.

Ben Jones :

not necessarily - it i a given that persistent lateness can be a misconduct issue, after all you are formally expected to be in work at a specific time and failure to be there on time makes you in breach of that contract and you are obviously acting against the spirit of the employment relationship

Customer:

I feel like a criminal so they have rights and I can not do anything about that? I am really good worker. I have satisfied customers, making good coffee and another positives they could take on a board. My colleague thinks that is unfair and I could write letter against that.

Ben Jones :

you are not a criminal but lateness can affect the employer's business because they do not have an employee on site who is supposed to be there, regardless of whether you told them in advance or not. Also if you are being paid a salary you would be costing them money as they are paying you for time you have not worked for them. This should not result in dismissal though but a warning to improve your attendance record

Customer:

So one more question. During two months they did not say anything to me, that something is wrong with my lateness.

Ben Jones :

they could have issued a verbal warning but that is not required by law, also they may have decided to start disciplinary action once you reached a number of lateness episodes so even though at the beginning it may not have been an issue for them, the more it occurred the more of a concern it became for them

Customer:

they just put me on disciplinary without any warning, is that right procedure as you mentioned above? So no rights for me at all. My disciplinary is on Monday, please would you a bit help me what should I say there.

Customer:

Do you think I should write letter against that disciplinary, would that be helpful in my case.

Ben Jones :

yes it can go straight to a disciplinary because that is when you would get the first formal warning. Any warnings before a formal disciplinary would have been informal and whilst that is an option it is not a legal requirement. You have the legal right to appeal the outcome of the disciplinary if you disagree with it or the reasons for the disciplinary

Customer:

one more they can include even emergency call in latness

Ben Jones :

depends on what happened there, if this was an emergency to look after a dependant, such as a child, and it was a genuine emergency that you did not know of beforehand, it could be counted as time off for dependants which is a legal right. More info here:

https://www.gov.uk/time-off-for-dependants/your-rights

Customer:

alright, thank you for that websites. I have a look. I have never had problem like this in my life, have to take it on board, learned from this situation and move on.

Customer:

How to rate your service, they said I should select the face but its does not work. Maybe when we finish conversation.

Ben Jones :

you should be able to do so now, many thanks and best of luck

Customer:

thank you so much you have been helpful:)

Ben Jones :

thanks and good night

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