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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 mother had a stroke three weeks ago and she has been in

Resolved Question:

My mother had a stroke three weeks ago and she has been in hospital ever since. Since the stroke I have booked 1 day off as annual leave with 24 hours notice (which is the time scale quoted in our employment manual), arrived into work late twice (never more than an hour late) and left one day two and a half hours early to attend a meeting with my mothers doctors. I have made all the time up by working earlier some mornings and informed my colleague I was going to be late both times so he could cover anything that needed to be done before I got in. This morning my manager called me in to say that (and I quote) "just because you don't get home until late it should not translate into you arriving late at work". Can he do this? I haven't booked any domestic leave off because of this. My mother is having epileptic episodes and sometimes it is taking me three or four hours to calm her down which means I cannot leave the hospital. I am obviously under a considerable amount of stress at the moment and would have thought that my employer should be able to give some leeway. It is not affecting my work because I am making up all the time and my colleague is available from 8:30 to 9:30 which is when I have been getting in by.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for your employer?
Customer: replied 2 years ago.

I have been in this position since September 2011. I applied for another position within this company in March and got the job. It was supposed to start in April and would have meant that I was working term time only. They asked me to stay on in my current position until they found my replacement. I agreed as long as it was in time for the summer holidays. They still haven't found my replacement so I am still in my current position which is full time.

Customer: replied 2 years ago.

Hi Jenny

I have been in this position since September 2011. I applied for a new position in the company in March and got the job. The new job is term time only and should have started in April. They asked me to stay on in my current position which they haven't yet, but I did agree as long as I could take half term off as annual leave and I was in my new position in time for the summer holidays.

Expert:  Jenny replied 2 years ago.
It is a difficult situation as whilst your employer has a duty of trust and confidence towards you it does not have to accept that you are late to work as a result of this. You can raise a grievance to your employer that you consider the lack of flexibility amounts to a breach of trust and confidence and a breach of the duty to protect your health and safety and ask if a temporary arrangement can be made.
Ultimately if your employer will not agree and it is affecting your health it may mean you have to go off sick personally which would potentially put the employer in a worse position.
I would suggest you put an email to your HR manager setting out your immediate concerns.
If you have any further questions please do ask.
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