Quick question

dave1982

I try explain situation best I can. Basically I work for large company who have lots of contracts. I have a contract in one clients site for 20 hours per week. Saturday and Sunday. As this is not enough hours I managed to get cover work on another site working for same company. All was fine until my manager at my original site found out I was doing cover work else where. She told me decide where I want to work because I must be available at all times for her to do cover work. I told her I can't sit at home and hope you will ring. (there is little or no cover work in my original site)

Here's where problem arises I booked a Saturday sunday off maybe 10 weeks ago. The other site asked me could I come in as they were badly stuck they have a one off job on as factory was closed that day so we could do floors. I said ok I can do it. Thought no more bout it

Then today she wants give me verbal warning and take part in performance meeting because I worked while I was meant to be on holiday. I was unaware this rule was in place. Does this warrant a warning.

Stheno

So you have one role in the company for 20 hours, and another which is seperate?

And while on holiday from your main role, you worked in the seperate role?

dave1982

Stheno wrote: »

So you have one role in the company for 20 hours, and another which is seperate?

And while on holiday from your main role, you worked in the seperate role?

Yes but was not pre planned had holiday booked weeks in advance. I was asked day before my holiday

Stheno

dave1982 wrote: »

Yes but was not pre planned had holiday booked weeks in advance. I was asked day before my holiday

It's a bit confusing, I'm assuming your manager works for the same company as you (the one with the contracts?)

It sounds off that you'd be working while on holidays, are you now going to get paid holiday days from the first site and paid for working on the other site?

It's a weird situation, but if I was your manager I'd be annoyed, they have previously spoken to you about working on the other site, and now have found out you've done so while you were supposed to be on holiday.

bonyn

Don't accept a verbal warning. There seems to be needless bureaucracy in that company & you should not get caught up in it.

The fact is, you booked time off, your employer subsequently asked you to work, and you agreed.

You should not get paid annual leave for these hours (instead you'll get your regular hourly pay), and you should be given the opportunity to take annual leave later in the year. If they already paid you AL, offer to write a cheque to give them the money back if they can produce an amended payslip.

Don't get into a game of he-said-she-said. If you are called into a meeting, take a representative (union rep or co-worker) with you and ask what written procedure or condition of contract you have broken. If they can't produce one, tell them you are not going to accept any warning.

MarkAnthony

While many junior managers fail to realise you can decide the outcome of a disciplinary hearing before having it, you're bang to rights here I'm afraid OP. It's a simple failure to follow your line manager's instructions.

Take it on the chin (IMHO) and do as you've been asked. If the other site has more work then go there.

davo10

Op the Organisation of Working Time Act prohibits employers from "buying" holiday time from you, in other wards they cannot pay you enlieu of holidays except when you are leaving your employment. While your situation is unusual in that you are working in two different places for the same employer, the fact that you have the same employer in both is important to this situation. If you are signed off on annual leave and being paid for it, you should not have worked for that employer at another site, in effect it could be argued that your employer paid you to work while on annual leave.

Of course in this case the employer is blameless as you covertly worked without informing the managers on both sites of the situation therefore getting paid annual leave from one site and Sunday rates from the other so as you have engineered a situation whereby your employer is exposed to breach of employment law, you should take the hit and next time make sure that everyone is in the loop.

Bonyn, all contracts must adhere to employment legislation, the procedure or condition of the contract which the op infringed relates to annual leave entitlement in the Organisation of Working Time Act. It is not "bureaucracy", it prevents employers from taking advantage of employees by forcing/paying them to work during/instead of their holiday leave. Also if the op goes back to the manager at site one and tells her that he/she is not actually taking those days as annual leave, then he/she is absent without leave from that job which in itself another issue.