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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
21 years this April
Why was the holiday refused?
They thought it was to close after Christmas break But I had every job covered for the three weeks I was of I returned to work on the 6th of January to comfirm with my plumbers they understood what was to happen
ok let me get my response ready please
Whilst absence from work on holiday which has not been pre-approved can result in disciplinary action, because it would be classified as unauthorised absence, and can even lead to dismissal, the employer is still expected to follow a fair procedure and failure to do so can make the dismissal unfair on procedural grounds.
In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:
1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.
2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.
3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.
If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.
Ben thank you for your help I thought a written warning was ample and that would be it.
With 21 years service you do have an argument for that, but 3 weeks is also a long time for unauthorised absence, whatever the outcome a fair procedure does not appear to have been followed
Ben thank you for your help and I did think it would have been a written warning as well as I never had any warnings or days of work in the 21years
So appeal is the first step then the unfair dismissal within 3 months of the dismissal