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Very Little Helps => Stores => Topic started by: Mark calloway on 26-08-18, 03:09PM

Title: Emergency hol?
Post by: Mark calloway on 26-08-18, 03:09PM
Hi guys, if someone's wife,who's already disabled,breaks her toe and they have to look after her and two children,can the get an emergency hol? They are due to start at 10pm tonight. What's the best route to take without getting a disciplinary.?
Title: Re: Emergency hol?
Post by: Me2015 on 26-08-18, 03:38PM
It’s a domestic so use a holiday day/unpaid
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 03:44PM
Thanks. They'd rather use a hol than unpaid.
Title: Re: Emergency hol?
Post by: forrestgimp on 26-08-18, 04:46PM
You would hope your manager would be sympathetic to your plight to be honest. Tricky one really because emergency leave only covers the immediate needs and not long term absence.
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 04:54PM
Just had a call, manager said NO. I can't have it off. I'm absolutely fuming. Mrs is bed bound and I've got two young kids. But I guess a few bits of stuff in the shelves is more important.
Title: Re: Emergency hol?
Post by: Walker on 26-08-18, 05:10PM
Time off for emergency care of a dependent is a statutory right. See http://m.acas.org.uk/index.aspx?articleid=3235. (http://m.acas.org.uk/index.aspx?articleid=3235.)
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 05:20PM
Thanks. I think I'm gonna put a grievance in. They'll use the excuse that it's short notice, well 6hrs before my shift isn't short notice plus how the hell would I know in advance that my Mrs was going to break a bone and be bed bound. I'm not psychic.
Title: Re: Emergency hol?
Post by: GreenGrocer on 26-08-18, 05:32PM
Just had a call, manager said NO. I can't have it off. I'm absolutely fuming. Mrs is bed bound and I've got two young kids. But I guess a few bits of stuff in the shelves is more important.

Did you explain your situation to your manager? If you did that is terrible. If this happened in my place they would give you the time at least on the first occasion. The manager would ping a text to everyone they could asking if anyone wanted to cover the shift not bothered if they get a reply or not. They can show this to the SM to prove they made every attempt to get the shop filled if he/she asks questions.
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 05:48PM
They know my wife's disabled and I've got two kids. Think I've only done this once before. I've been speaking to duty who's been speaking to night manager. I've read what ACAS said and rang duty back & said it's a statutory right etc,even said 6hrs isn't short notice and I'm not psychic so I didn't know she was gonna break a bone. Zero compassion at times
Title: Re: Emergency hol?
Post by: GreenGrocer on 26-08-18, 06:06PM
 >:(  :thumbdown:
Title: Re: Emergency hol?
Post by: forrestgimp on 26-08-18, 06:16PM
you are right it you can have time off for emergencies which this obviously is.


 However like I said before it does not cover you for long term just the immediate needs. I have sat in load of meeting where the person involved was off for an emergency and every time was told in no uncertain terms that Tescos idea of 'as much time as is needed to deal with the emergency' which is what the legislation says and what policies for people used to say (not seen that book for a decade or so, so i could be well out of date with that one) Tescos idea is 1 or a max of 2 days to deal with it, as in get someone else to look after the kids/wife/mum/dad/dog/grandad or any other family member.


They will not allow you to just have an open ended absence to look after the family while your partner get well enough to do it.

I have even sat there while thew store manager sacked a guy who was a single parent who was on a final written for absence who had stayed at home for one night to look after his son who was poorly , The guy worked on nights and it made no difference. The law does not say how many times this can be used to have time off but it also says its not to be used as and when you fancy a day off.

So be careful how you handle this situation.
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 06:38PM
Thanks for the advice. I will be VERY careful. I'm on meant to be on three nights so tonight and Mon will be enough, I'll be back on next Sunday and the kids go back to school next Monday so that will make the situation much easier. Last time I had emergency time off I got told, I know your wife's I'll but you've got to think of your contract first.
Title: Re: Emergency hol?
Post by: lucgeo on 26-08-18, 08:00PM
But tesco are expected to support you ??? They should be taking into account your individual reasons, and not giving the "contract" quote. Only when they have exhausted every avenue, i.e. dropping hours, changing shifts, using unpaid, hol entitlement etc...should an SM be sacking anyone ??? ???
Title: Re: Emergency hol?
Post by: Nomad on 26-08-18, 08:06PM
https://www.gov.uk/time-off-for-dependants (https://www.gov.uk/time-off-for-dependants)

The legal position, which trumps any company position.
Title: Re: Emergency hol?
Post by: Mark calloway on 26-08-18, 09:39PM
Thanks guys. It's really good to know there's people on here who know there stuff and are willing to help.
Title: Re: Emergency hol?
Post by: forrestgimp on 27-08-18, 01:26PM
https://www.gov.uk/time-off-for-dependants (https://www.gov.uk/time-off-for-dependants)

The legal position, which trumps any company position.

Absolutely right of course you are, But we both know Tesco do as they please and rectify it once pulled up. So the guy who I was with who got sacked would most likely have got his job back if he had appealed but he could not be bothered and sadly that's true of most people they get upset get no support from the Union except from unpaid reps and tend to leave it. After all its a minimum pay unskilled job so they go out and get one elsewhere.

Tesco will decide what they will decide and then its up to the individual to go from there, as reps they can not do anything except accept what the person wants to do.
Title: Re: Emergency hol?
Post by: Nomad on 27-08-18, 03:05PM
I agree forrestgimp.  My motto never never give in or give up, as one could regret it for a very long time and also it make matters worse for those who follow.
Title: Re: Emergency hol?
Post by: optout on 27-08-18, 07:42PM
@Alf Hart

Make sure that you request it as (and use the exact wording in any correspondence) 'Time off for dependents'. As tesco may try to direct you to one of their many alternatives and once you accept an alternative on their terms it will weaken any redress that you have if they (accidentally on-purpose) try to manage you through their absence policy.

IIRC 'time off for dependents' cannot be used as part of an absence percentage, BUT voluntary unpaid leave can. I think.

This is a small but important distinction. 'time off for dependents' is without tesco process. But, any alternatives that they offer (and that you accept) will almost certainly be within tesco process.