Found 18th Dec 2009
I am looking for some advice about a greivance that i am thinking of raising with my manger. I have a part time job that i work 1 day a week. Last week i was due into work on thursday but unfortunatly i was unable to attend due to my partner being really ill and was unable to look after ar 5yr and 3mnt old boys.I phoned my employer the day before i was due in to inform them of the situation and i would not be able to attend work. I go into work today and have a return to work interview on which they pull my sick record for the whole year which is 0 days and tell me they wont pay me for that day because it is down to the manager's descretion, even though they have a emergency carer leave

Now do i raise a greivance to ask what are his reasons are for not paying me
or do i leave it and let it go

If i go for the greivance route could somebody give pointers for a good letter please.

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Moved to Misc, thanks for reporting

What does your contract say?

Supermod

You need to check your contract of employment but usually this type of absence is not covered as sickness for yourself. You are absent from work and you are not unwell yourself.

Regardless of how much time you have had off they are probably well in their right to not pay you.

Original Poster

pghstochaj;7271150

What does your contract say?



It says im entitled to time of for emergency such as partners being ill but its down to the manager;s descretion if you get paid. my argument is. If you have emergency carer leave entitlement what would be the reason;s not to pay.

Depends on your contract. Our company offers emergency dependents leave but only for 3 hours (just to make alternative arrangements) and that's for people working full time.

Supermod

Ferrariflip;7271195

It says im entitled to time of for emergency such as partners being ill … It says im entitled to time of for emergency such as partners being ill but its down to the manager;s descretion if you get paid. my argument is. If you have emergency carer leave entitlement what would be the reason;s not to pay.



Then you know what you options are so you need to follow it through with your manager and seek his reasons.

Ferrariflip;7271195

It says im entitled to time of for emergency such as partners being ill … It says im entitled to time of for emergency such as partners being ill but its down to the manager;s descretion if you get paid. my argument is. If you have emergency carer leave entitlement what would be the reason;s not to pay.



Your contract states that payment is at the manager's discretion and the law (The Work and Families Act 2006 and the Employment Rights Act 1996) states that payment is at the employer's discretion.

Unfortunately it's entirely up to the employer in this situation.

Original Poster

Employment handbook says:

you are entitled to resonable time off:

to make arrangments for the care of a dependant who is ill or injured
to provide assistance when a dependant becomes ill, gives birth or is injured/assaulted.
where existing care arrangments are ended or disrupted
where your child is involved in an unexpected incident during scholl hours.

it is not expected that leave to deal with the situation listed above would be taken in excess of one working day, unless inexceptional circumstances. Your line manager may. at his descretion authorise that it is paid. However, this is subject to a total of one working week being paid in any rolling year.

Banned

Ferrariflip;7271252

Employment handbook says:you are entitled to resonable time off:to make … Employment handbook says:you are entitled to resonable time off:to make arrangments for the care of a dependant who is ill or injuredto provide assistance when a dependant becomes ill, gives birth or is injured/assaulted.where existing care arrangments are ended or disruptedwhere your child is involved in an unexpected incident during scholl hours.it is not expected that leave to deal with the situation listed above would be taken in excess of one working day, unless inexceptional circumstances. Your line manager may. at his descretion authorise that it is paid. However, this is subject to a total of one working week being paid in any rolling year.



as you phoned the day beofre i would say that is his get out clause

Carers/dependency leave is normally unpaid.
Maybe if you had phoned and said YOU were sick, then you probably would have been paid for this type of absence. You will know the next time, the only good thing is that it will not go down as an absence on your record if you are ever brought for a disciplinary etc

Original Poster

modoc;7271328

Carers/dependency leave is normally unpaid. Maybe if you had phoned and … Carers/dependency leave is normally unpaid. Maybe if you had phoned and said YOU were sick, then you probably would have been paid for this type of absence. You will know the next time ;-). The only good thing is that it will not go down as an absence on your record if you are ever brought for a disciplinary etc



My Sick record is perfect, Try to do the right thing and you always end up far worse than lying about it.

It irratates me even more that whenever they are short on staff they always ask me to help them out, which i do and i get repaid by this. Manager has shown his true colours.

modoc;7271328

Carers/dependency leave is normally unpaid. Maybe if you had phoned and … Carers/dependency leave is normally unpaid. Maybe if you had phoned and said YOU were sick, then you probably would have been paid for this type of absence. You will know the next time, the only good thing is that it will not go down as an absence on your record if you are ever brought for a disciplinary etc



+1 i learned this the hard way 1st child just 3 weeks old was taken into hospital i was there whole night with no sleep called to say i wouldnt be in ,never got paid if i lied and said i was ill paid no probs

Ferrariflip;7271363

My Sick record is perfect, Try to do the right thing and you always end … My Sick record is perfect, Try to do the right thing and you always end up far worse than lying about it. It irratates me even more that whenever they are short on staff they always ask me to help them out, which i do and i get repaid by this. Manager has shown his true colours.



learn and move on mate

Ferrariflip;7271363

My Sick record is perfect, Try to do the right thing and you always end … My Sick record is perfect, Try to do the right thing and you always end up far worse than lying about it. It irratates me even more that whenever they are short on staff they always ask me to help them out, which i do and i get repaid by this. Manager has shown his true colours.



Unfortunately some managers look at the 'company picture' rather than individual cases, in all liklehood his immediate reaction was 'she only works 1 day a week, she had 6 days to sort this out'
Despite the fact it was an emergency and you have an unblemished record, its not fair but P/T workers are often treated as second class citizens.
I personally would ask to speak to him when you feel a little calmer and ask him his reasons for choosing not to pay you, point out your good record too. I would try and avoid the grievance route for now, if you can sort it out amicably it will make for a better work environment in the future.
Good luck

nat66;7271505

Unfortunately some managers look at the 'company picture' rather than … Unfortunately some managers look at the 'company picture' rather than individual cases, in all liklehood his immediate reaction was 'she only works 1 day a week, she had 6 days to sort this out' Despite the fact it was an emergency and you have an unblemished record, its not fair but P/T workers are often treated as second class citizens.I personally would ask to speak to him when you feel a little calmer and ask him his reasons for choosing not to pay you, point out your good record too. I would try and avoid the grievance route for now, if you can sort it out amicably it will make for a better work environment in the future.Good luck



Good advice, to be honest, managers who can decide whether or not to pay you in this situation can also try to push you out if you become a thorn, I would leave it to be honest.
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