Unfair dismissal?
I've been working at McDonald's for 7 months now and have only used one week of my holidays. So on the 03/10 I requested a two week holiday from the 13/10 - 27/10. This was APPROVED and I have evidence of this.
All's fine until the Monday arrives (the first day of my holiday) when I get a phone call ensuring that I can work the next day and the 16/17 & 18th all overnight shifts. I told the assistant manager who rang that I have booked this week off for a reason, it is my girlfriends birthday and I have paid money for a hotel over the weekend. He replied after a small (polite) argument with 'Well you're gonna have to come in or it looks like you won't have a job'. I said I couldn't and he hung up.
If if they fire me have I got any legal rights? I have screenshot evidence of the online website stating that my holiday has been approved and I don't have any shifts on my schedule online. The store manager put me on shifts on the printout in store and now she is on holiday.
Any feedback's appreciated, I just feel I'm being ****ed up the ass by a large organisation because, well, 'they can'.
All's fine until the Monday arrives (the first day of my holiday) when I get a phone call ensuring that I can work the next day and the 16/17 & 18th all overnight shifts. I told the assistant manager who rang that I have booked this week off for a reason, it is my girlfriends birthday and I have paid money for a hotel over the weekend. He replied after a small (polite) argument with 'Well you're gonna have to come in or it looks like you won't have a job'. I said I couldn't and he hung up.
If if they fire me have I got any legal rights? I have screenshot evidence of the online website stating that my holiday has been approved and I don't have any shifts on my schedule online. The store manager put me on shifts on the printout in store and now she is on holiday.
Any feedback's appreciated, I just feel I'm being ****ed up the ass by a large organisation because, well, 'they can'.
Original post by Cal244
I've been working at McDonald's for 7 months now and have only used one week of my holidays. So on the 03/10 I requested a two week holiday from the 13/10 - 27/10. This was APPROVED and I have evidence of this.
All's fine until the Monday arrives (the first day of my holiday) when I get a phone call ensuring that I can work the next day and the 16/17 & 18th all overnight shifts. I told the assistant manager who rang that I have booked this week off for a reason, it is my girlfriends birthday and I have paid money for a hotel over the weekend. He replied after a small (polite) argument with 'Well you're gonna have to come in or it looks like you won't have a job'. I said I couldn't and he hung up.
If if they fire me have I got any legal rights? I have screenshot evidence of the online website stating that my holiday has been approved and I don't have any shifts on my schedule online. The store manager put me on shifts on the printout in store and now she is on holiday.
Any feedback's appreciated, I just feel I'm being ****ed up the ass by a large organisation because, well, 'they can'.
All's fine until the Monday arrives (the first day of my holiday) when I get a phone call ensuring that I can work the next day and the 16/17 & 18th all overnight shifts. I told the assistant manager who rang that I have booked this week off for a reason, it is my girlfriends birthday and I have paid money for a hotel over the weekend. He replied after a small (polite) argument with 'Well you're gonna have to come in or it looks like you won't have a job'. I said I couldn't and he hung up.
If if they fire me have I got any legal rights? I have screenshot evidence of the online website stating that my holiday has been approved and I don't have any shifts on my schedule online. The store manager put me on shifts on the printout in store and now she is on holiday.
Any feedback's appreciated, I just feel I'm being ****ed up the ass by a large organisation because, well, 'they can'.
Sounds like the manager just got a bag on about it and hung up.
But id go in to see the manager and speak to them about it so at least you know where you stand.
stupid bullying assistant manager. Complain to HR, holiday has been authorized by them, phone or write to them, write a letter to the actual store manager or go in and complain. but i doubt you have been sacked in anyway- its the assistant man who should get a verbal warning. Yes that would be unfair dismissal if it happened. I would not want to go back there after such bullying antics myself.
you don't have many rights in the first two years of employment but you can't be dismissed for taking holiday that is a statutory right. You should read
http://www.adviceguide.org.uk/wales/work_w/work_work_comes_to_an_end_e/dismissal.htm#h_step_one_who_cannot_claim_unfair_dismissal
and http://www.adviceguide.org.uk/wales/work_w/work_time_off_work_e/holidays_and_holiday_pay.htm
However unless you are on a contract that guarantees a certain number of hours/shifts they can simply not give you aany in future. You'd then need to claim constructive dismissal and for that you need professional advice.
Sometimes any insurance cover you have includes legal advice, even if it seems irrelevant (e.g on car insurance). So you might want to check that out.
Next time you take holiday and can't go in tell them you are away somewhere.
http://www.adviceguide.org.uk/wales/work_w/work_work_comes_to_an_end_e/dismissal.htm#h_step_one_who_cannot_claim_unfair_dismissal
and http://www.adviceguide.org.uk/wales/work_w/work_time_off_work_e/holidays_and_holiday_pay.htm
However unless you are on a contract that guarantees a certain number of hours/shifts they can simply not give you aany in future. You'd then need to claim constructive dismissal and for that you need professional advice.
Sometimes any insurance cover you have includes legal advice, even if it seems irrelevant (e.g on car insurance). So you might want to check that out.
Next time you take holiday and can't go in tell them you are away somewhere.
(edited 9 years ago)
What is your contractual situation? Do you have fixed part time or full time hours (either fixed in terms of exact times/days, or in terms of a number of guaranteed hours per week)? Or are you on a more casual arrangement, where you may get hours, but you may not?
If the former, then they can dismiss you without a reason because you don't yet have unfair dismissal rights, but you are entitled to be paid notice, plus if I were you I would kick up a fuss. So if after your holidays you are told that you don't have a job, I would suggest you write to HR straight away, telling them that you booked holiday, it was approved, then when you couldn't come in during your holiday you were dismissed without notice. Tell them what your deputy manager said on the phone, and that you believe you were dismissed because you were exercising your statutory right to annual leave. Say you would like HR to become involved to assist you to exercise your right of appeal against dismissal under McDonald's dismissal or grievance policy. Say that you want your job back, or at the very least you want to be paid your notice and any outstanding holiday pay.
If, on the other hand, you are a casual employee, then you may find that you just don't get any hours any more. In that case much the same. You should write to HR straight away, telling them that you booked holiday, it was approved, then when you couldn't come in during your holiday you have not been offered hours since. Tell them what your deputy manager said to you on the phone, and that you believe you are being disadvantaged on the ground that you exercised your statutory right to annual leave, and you would like to raise a personal grievance on that ground. Say that you want your hours back, or that alternatively you want damages for unlawful disadvantage.
Subtly different depending on your contract, but the action will be quite similar and tbh I would expect HR to come down quite hard on the Deputy Manager ... they don't like rogue managers who flout the law and make the company look bad.
If the former, then they can dismiss you without a reason because you don't yet have unfair dismissal rights, but you are entitled to be paid notice, plus if I were you I would kick up a fuss. So if after your holidays you are told that you don't have a job, I would suggest you write to HR straight away, telling them that you booked holiday, it was approved, then when you couldn't come in during your holiday you were dismissed without notice. Tell them what your deputy manager said on the phone, and that you believe you were dismissed because you were exercising your statutory right to annual leave. Say you would like HR to become involved to assist you to exercise your right of appeal against dismissal under McDonald's dismissal or grievance policy. Say that you want your job back, or at the very least you want to be paid your notice and any outstanding holiday pay.
If, on the other hand, you are a casual employee, then you may find that you just don't get any hours any more. In that case much the same. You should write to HR straight away, telling them that you booked holiday, it was approved, then when you couldn't come in during your holiday you have not been offered hours since. Tell them what your deputy manager said to you on the phone, and that you believe you are being disadvantaged on the ground that you exercised your statutory right to annual leave, and you would like to raise a personal grievance on that ground. Say that you want your hours back, or that alternatively you want damages for unlawful disadvantage.
Subtly different depending on your contract, but the action will be quite similar and tbh I would expect HR to come down quite hard on the Deputy Manager ... they don't like rogue managers who flout the law and make the company look bad.
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