Kimbra Welch, Employment Lawyer at Harvey Ingram LLP
Question - One of my key staff with an unblemished record decided to extend their holiday by three days. He advised me that he would be taking the extra time but really I was given no say in the matter as his request was presented to me by e-mail as a fait accompli shortly before he was due back in the UK. Is there anything I can do?
Answer - You do not have to agree to the request and I assume from your question that you did not respond to his email. Based on this assumption, you can discipline the employee concerned for taking time off work without authority. It appears clear that he was not ill and just wanted to extend his holiday.
You would have to investigate the matter and might have a meeting with the employee on his return to work in order to do this. You must follow the ACAS Code of Practice on Disciplinary and Grievances Procedures.
Therefore, if you decide that there is a case to answer, then you would have to call the employee to attend a disciplinary hearing in writing. You must set out the alleged misconduct (namely his unauthorised absence from work and failure to adhere to procedures in relation to the booking of holidays). If you have any evidence that will be relied upon in the hearing (possibly the email itself) then you should send copies to the employee with the letter inviting him to the disciplinary hearing.
The hearing should be held without delay but giving sufficient time for the employee to prepare his case. The employee must be given the right to be accompanied by a colleague of his choice or a union official (whether or not you recognise a union).
At the hearing, the employee should explain the allegations of misconduct and go through any evidence. The employee should be allowed to respond and provide answers to the allegations (if he is able to). The employee should be given a reasonable opportunity to ask any questions, present evidence (including calling his own witnesses if he wishes to) and raise any points about any information provided by witnesses.
Assuming that this employee will be unable to provide any reasonable excuse for failing to attend work, you will be entitled to issue him with a warning. The level of warning depends upon how serious the misconduct is. In this case, where he has no previous warnings, it may not constitute gross misconduct. In which case, a lower level warning would be given. You must consider how employees in similar circumstances have been treated in the past.
Finally, the employee must be given the right of appeal against any warning issued.
If you fail to follow the ACAS code then this can affect the level of compensation awarded should the employee bring a successful claim against you.
For more information on employment law and HR services, please contact Kimbra Welch on kimbra.welch@
http://www.harveyingram.com/
