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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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my name is***** received a telephone call from

Resolved Question:

Hello my name is***** received a telephone call from the hospital to see a consultant at the local hospital, for Tuesday 17th/02/2015 I have contacted my employer to book a day off of my holidays as I believe it to be to late otherwise as rotas have been completed for that week. i was told that i will not be able to have that day off either on a rota or as a holiday, then was reminded of the employers hand book, and continued that I would need to give 2 weeks notice for appointments. or would have to complete a holiday form for the day of my appointment to book it as a holiday.
Just to give a little back ground. I have been seen at the clinic for over 3months once a week for my throat and vocals this has been in my own time, and has not affected my work I have had 6 days off since 2012. please note, I am not a union member and at present work for a private Nursery.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked for your employer?

Customer:

Hello Jenny, in response to your question since December 2012.

Customer:

Hello?

taratill :

I agree with the Consultant! Whilst your employer is entitled to say it prefers you to take appointments outside of work time or within 2 weeks it is not fair for them to say you cannot take the appoitment.

taratill :

Your employer has a duty to care for your health and safety and a duty of trust and confidence.

taratill :

If you were to be disciplined or dismissed for this you would have the right to appeal and ultimately a good claim against the employer.

taratill :

The employer does have a business to run but must be realistic about the ability to obtain appointments.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you so much Jenny it has been an up hill struggle to have any appointments, as i always get a NO! for an answer and am always referred to the employment hand book.

taratill :

No problem your employer needs to be reasonable.

Customer:

Sorry Jenny, I entered incomplete answer. I was thinking that you are right to point out duty of care, because that's what their whole ethos is based on in words, but not so much in deed , need, or compassion. duty to care for your health and safety and a duty of trust and confidence.

taratill :

Why do you think my answer is incomplete?

Customer:

since i started work for this company i have worked over and above the hrs set in my contract.

taratill :

yes you can raise a grievance about this. Your employer should allow you the time off in these circumstances even if the policies state otherwise.

Customer:

this is because i have a duty of care to my employer ,my collages, staff, and most of all the children we care for in our setting often needing to give up your time i.e. if parents collect a little later or I start 30 minutes before to set up room ready for the children so that they may enter the setting in a nurturing, caring giving environment.

taratill :

Yes there is a mutual duty of trust and confidence and you do have a duty of care BUT your employer has to be reasonable. If you are disciplined in these circumstances then you would be able to appeal and ultimately bring a claim.

Customer:

Thank you Jenny, you have been very helpful. I am on a low wage and can not afford any further payments. So sorry thank you again for your advise and time. have a fabulous year and the many years ahead:)

taratill :

No problem, you do need to rate my answer though otherwise the site gets your payment and I am not credited.

taratill :

Thank you and all the best.

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