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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73393
Experience:  Qualified Employment Solicitor
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Am I have worked with this company for almost 8years, I have

Customer Question

JA: Hello. How can I help?
Customer: Am I have worked with this company for almost 8years, I have separated fome 19 years married twos ago so I couldn't go to school I felt depressed I called my manager as to where I was not coming because I have a 3 year old child and I normally work in the evening when their dad comes from work and so when called my manager I told what has happened and so I needed a shift change but there and then he said I can't do that for you
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Now I have received this letter
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Contract
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Like
Submitted: 8 days ago.
Category: Employment Law
Expert:  Ben Jones replied 8 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 8 days ago.

What is your specific question in relation to this please?

Customer: replied 8 days ago.
Alright thanks
Expert:  Ben Jones replied 8 days ago.

Hi there. Did you receive my query?

Customer: replied 8 days ago.
Expert:  Ben Jones replied 8 days ago.

What is your specific question in relation to this please, so that I can best advise?

Customer: replied 8 days ago.
File attached (4M3P7S7)
Customer: replied 8 days ago.
Any thoughts on this letter
Expert:  Ben Jones replied 8 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 8 days ago.

Hi there so just to clarify, you had shifts arranged but could not attend them due to issues at home and you advised the employer of that and asked for different shifts, but they could not offer you any. You then did not attend these shifts and they sent you the letter. Is that correct?

Customer: replied 8 days ago.
Expert:  Ben Jones replied 7 days ago.

Thank you. As long as you did not sign yourself off sick, if needed, have any other genuine reason for absence and you also failed to attend your shifts, that would amount to unauthorised absence from work. You were not granted time off by the employer so you need an official reason to have been off work.

The options for time off would have been as follows:

- Dependency leave – this is only for emergencies and it could be used to start with, once something unexpected occurs, like school or nursery suddenly closing. However, once it is apparent that this will be happening on an ongoing basis, it will no longer be classified as an emergency and dependency leave will not be applicable. See here for further details:

- Parental leave – workers get 4 weeks of unpaid leave per year per child that they can take, although they need to give at least 21 days’ notice to do so. If the employer cannot accommodate the chosen dates, they must offer an alternative. See here for further details:

- Holidays – to be applied for and taken in the normal way

- Unpaid leave - only if approved by the employer

If you have issues with the current shift system, raise these officially with the employer and make a formal flexible working request if needed.

Expert:  Ben Jones replied 7 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.