employers legal duties
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jamie128

Original Poster:

1,604 posts

199 months

Wednesday 21st August 2013
quotequote all
Does your employer have to allow you to take time off for interviews if you cant swap your shift?

If not i may have to lie and say another reason, do they legally have to let you have dentist appointments/doctors appointments?

SiH

1,858 posts

276 months

Wednesday 21st August 2013
quotequote all
Wrong forum (would be better in SP&L as legal types tend to lurk there) but my twopence worth is...
No. And...
Don't think so.

Burrito

1,705 posts

249 months

Wednesday 21st August 2013
quotequote all
jamie128 said:
Does your employer have to allow you to take time off for interviews if you cant swap your shift?

If not i may have to lie and say another reason, do they legally have to let you have dentist appointments/doctors appointments?
Rather than doing something which may get you fired, and ruin any potentially positive reference from your existing employer, why not book a day's annual leave.

BTW you sound like a real asset to your employer.

jamie128

Original Poster:

1,604 posts

199 months

Wednesday 21st August 2013
quotequote all
Burrito said:
Rather than doing something which may get you fired, and ruin any potentially positive reference from your existing employer, why not book a day's annual leave.

BTW you sound like a real asset to your employer.
You need to give a months notice at my place

GC8

19,910 posts

219 months

Wednesday 21st August 2013
quotequote all
Burrito said:
jamie128 said:
Does your employer have to allow you to take time off for interviews if you cant swap your shift?

If not i may have to lie and say another reason, do they legally have to let you have dentist appointments/doctors appointments?
Rather than doing something which may get you fired, and ruin any potentially positive reference from your existing employer, why not book a day's annual leave.

BTW you sound like a real asset to your employer.
And you sound like a real asset to the forum: well done there.

tbc

3,017 posts

204 months

Wednesday 21st August 2013
quotequote all
probably not a good idea to let your boss know, pull a sick day or book a days holiday

if you don't get the job it's not going to look good

I've witnessed it a few times the big cheese attitude to the employee changed and they went from best of friends to him moaning about leaving a piece of paper on the floor

the guy lasted about another month

Siscar

6,315 posts

158 months

Wednesday 21st August 2013
quotequote all
They don't have to give you time off for an interview or to go to the dentist or for pretty much anything else. 'Pulling a sickie' is gross misconduct for which you can be dismissed if found out.

tbc

3,017 posts

204 months

Wednesday 21st August 2013
quotequote all
Siscar said:
They don't have to give you time off for an interview or to go to the dentist or for pretty much anything else. 'Pulling a sickie' is gross misconduct for which you can be dismissed if found out.
It's not gross misconduct if you happen to be genuinely ill vomit

Countdown

49,295 posts

225 months

Wednesday 21st August 2013
quotequote all
tbc said:
It's not gross misconduct if you happen to be genuinely ill vomit
"genuinely ill" but well enough to go to interview?

OP - no legal right to have time off for interviews. If it was me I'd take it as annual leave or unpaid leave.

DocJock

8,722 posts

269 months

Wednesday 21st August 2013
quotequote all
...and how often have you had a months notice for an interview?

Siscar

6,315 posts

158 months

Wednesday 21st August 2013
quotequote all
tbc said:
Siscar said:
They don't have to give you time off for an interview or to go to the dentist or for pretty much anything else. 'Pulling a sickie' is gross misconduct for which you can be dismissed if found out.
It's not gross misconduct if you happen to be genuinely ill vomit
'Pulling a sickie' refers to having time off sick when you aren't genuinely ill - if you are well enough to go to an interview you are likely to be well enough to go to work so claiming you are sick and going to an interview would normally be gross misconduct.

It is worth noting that as an employer you have no duty to make it easy for employers to do anything but work their contracted hours. The expectation is that everything else you need to do in life (with a few exceptions like bereavement) you do in your own time. If you are asked for an interview when you are meant to be working then your choices in law are take time off work as holiday or, if you employer agrees, as unpaid leave or don't go to the interview.

Of course a lot of employers understand the problem, I am interviewing someone today after normal working hours because she can't take time off to come to the interview during the day.

Edited by Siscar on Wednesday 21st August 08:39

anonymous-user

83 months

Wednesday 21st August 2013
quotequote all
The only time i'd say you could take time off paid for an interview is if you were working your notice having been made redundant.

944fan

4,962 posts

214 months

Wednesday 21st August 2013
quotequote all
OP - I understand your predicament. I was looking for a new developer recently and one person I wanted to interview had the same issue, they had to give a 4 weeks notice for leave. They didn't want to lie or pull a sickie but there was no way I wanted to wait 4 weeks to even interview someone.

I met them early at a coffee shop for an first interview on their way to work. It didn't work out in the end but I was willing to make the effort to accommodate them as would other people.

When arranging interviews explain the situation. People will generally respect the fact that you are not going to pull a sickie or lie to your current employer to come to an interview. Most should be willing to see you early or late before or after work.

surveyor

18,689 posts

213 months

Wednesday 21st August 2013
quotequote all
Most posters won't be aware that there is a different attitude in some areas of the public service departments. Still think it's a days leave.

I once spent a pleasant week, after a county council took up references before I resigned. They would not offer a job, subject to references, which is the norm in the private sector. Best I could get was an assurance that they would not take up references unless they were seriously interested.

My boss then of course sat on their request for several days.

Burrito

1,705 posts

249 months

Wednesday 21st August 2013
quotequote all
GC8 said:
Burrito said:
jamie128 said:
Does your employer have to allow you to take time off for interviews if you cant swap your shift?

If not i may have to lie and say another reason, do they legally have to let you have dentist appointments/doctors appointments?
Rather than doing something which may get you fired, and ruin any potentially positive reference from your existing employer, why not book a day's annual leave.

BTW you sound like a real asset to your employer.
And you sound like a real asset to the forum: well done there.
Thank you smile. I like to think that I offered some useful advice. And I'd be surprised if any employer on this forum feels any different about an employee who's happy to lie to his boss, possibly getting paid, whilst his colleagues have to cover his "sick" leave.

OP can you swap shifts with someone else?

Is your holiday notice is definitely one month? It's worth checking your contract as standard notice is double the length of the leave. e.g. one day's leave needs two day's notice.

Countdown

49,295 posts

225 months

Wednesday 21st August 2013
quotequote all
DocJock said:
...and how often have you had a months notice for an interview?
As this is PH - I tell them when I'm coming in for interview, not the other way round. biglaugh

In seriousness - I've never known an Employer require a month's notice for annual leave (unless it was a "big" holiday). There are numerous reasons why an employee might need to take leave (carer issues, domestic issues, car engine exploding). Either the employer is flexible about giving short term leave (so people can deal with these issues) or he is going to have a lot of sickness absence.

944fan

4,962 posts

214 months

Wednesday 21st August 2013
quotequote all
I worked with a chap once who in his previous employment had to pre-book his entire leave entitlement at the start of the year.

Apparently it was some bellends great idea to make resource management more efficient (read easy for them).

Si 330

1,306 posts

238 months

Wednesday 21st August 2013
quotequote all
I have had this problem several times as the interviewer. I have arranged interviews in a hotel receptions on an evening or weekend to accomodate people. I took a pretty dim view of one chap at the end of the interview I asked if he had booked a days holiday he said he had phoned in sick. Fail I crossed him of instantly.

Siscar

6,315 posts

158 months

Wednesday 21st August 2013
quotequote all
Countdown said:
As this is PH - I tell them when I'm coming in for interview, not the other way round. biglaugh

In seriousness - I've never known an Employer require a month's notice for annual leave (unless it was a "big" holiday). There are numerous reasons why an employee might need to take leave (carer issues, domestic issues, car engine exploding). Either the employer is flexible about giving short term leave (so people can deal with these issues) or he is going to have a lot of sickness absence.
There are employers who dictate all the holiday time through shutdowns. So you only have holiday at specific times of the year, obviously this isn't as prevalent as it once was but it does happen.

I don't subscribe to this view, but there are some who say that your issues are yours, you are contracted to be at work when you are meant to be at work and just as you would be annoyed if they went back on that and told you that you couldn't work one day they don't expect you to go back on it either and declare that one day you can't work.

944fan

4,962 posts

214 months

Thursday 22nd August 2013
quotequote all
Si 330 said:
I have had this problem several times as the interviewer. I have arranged interviews in a hotel receptions on an evening or weekend to accomodate people. I took a pretty dim view of one chap at the end of the interview I asked if he had booked a days holiday he said he had phoned in sick. Fail I crossed him of instantly.
yes A question I like to ask (especially when they big up how important they are in their current role) is "If you have a demanding full time job how you can you afford to be sat here talking to me?"

Some are actually stupid enough to say, "I called in sick" or "I told them I had a dentist appointment". Instant fail.