Started a new job, advised of pre-booked holiday now refused
Discussion
I can't find an answer to this on searching t'internet so I wonder if anyone here knows...
Basically I started a job on the 18th Dec. In the interview I advised I had holiday booked from the evening of 22/12 until 2/1/18. There was a section in the contract for this information. I filled it in and the interviewer saw it and said this "won't be a problem". So I accepted the position.
On 22/12 I reminded my boss and the agency managers that I am due to be on holiday. They were surprised that this was agreed but the last statement was that I should not come in until 2/1/18. All verbal and all not recorded (because we're not allowed mobile phones in the workplace).
However, during my drive to my holiday (100 miles from work), I received a text from the agency to say they are expecting me in on the 26/12! I am unable to and no intention whatsoever of cancelling it and tp back to work. If they had said this was a problem during the contract signing then I wouldn't have signed. I am also quite prepared to resign over it, which could also constitute constructive dismissal?
Atm I'm hoping this is a simple admin mistake, but I want to know what my rights are before calling them back.
Basically I started a job on the 18th Dec. In the interview I advised I had holiday booked from the evening of 22/12 until 2/1/18. There was a section in the contract for this information. I filled it in and the interviewer saw it and said this "won't be a problem". So I accepted the position.
On 22/12 I reminded my boss and the agency managers that I am due to be on holiday. They were surprised that this was agreed but the last statement was that I should not come in until 2/1/18. All verbal and all not recorded (because we're not allowed mobile phones in the workplace).
However, during my drive to my holiday (100 miles from work), I received a text from the agency to say they are expecting me in on the 26/12! I am unable to and no intention whatsoever of cancelling it and tp back to work. If they had said this was a problem during the contract signing then I wouldn't have signed. I am also quite prepared to resign over it, which could also constitute constructive dismissal?
Atm I'm hoping this is a simple admin mistake, but I want to know what my rights are before calling them back.
Edited by mattikake on Saturday 23 December 11:21
mattikake said:
There was a section in the contract for this information. I filled it in and the interviewer saw it and said this "won't be a problem". So I accepted the position.
Perhaps there's been a simple misunderstanding. Refer them to the contract you signed along with the section of your agreed holiday. I doubt there's any need to resign - also I don't think you'd qualify for a constructive dismissal claim as you've not been there for 2 years (I am not a lawyer).
If you're prepared to resign over it then what's the problem.
A few years back I had a holiday booked from Tuesday evening until the weekend.
The interview process had gone on for some time and when they offered the role they wanted me to start ASAP (in this case the Wednesday before my holiday). I suggested that I start the Monday after my holiday as I also needed to leave early (3 hours) to make my Tuesday flight. They said nope, we want you to start asap and your holiday plans are known.
So I start. Gets to the end of the first week and my boss books in some meetings so I have to decline some of them saying I have an agreed holiday at that time and am also leaving early on the Tuesday as agreed. "We'll see about that" he replied.... I didn't take him on but instead forwarded an email to him that was agreed some time previously.
Tuesday 3pm I simply walked into his office and said I'm off and see you Monday. Bye.
Nothing was said.
IU like you was prepared to walk over it. If something is agreed, then it's agreed.
A few years back I had a holiday booked from Tuesday evening until the weekend.
The interview process had gone on for some time and when they offered the role they wanted me to start ASAP (in this case the Wednesday before my holiday). I suggested that I start the Monday after my holiday as I also needed to leave early (3 hours) to make my Tuesday flight. They said nope, we want you to start asap and your holiday plans are known.
So I start. Gets to the end of the first week and my boss books in some meetings so I have to decline some of them saying I have an agreed holiday at that time and am also leaving early on the Tuesday as agreed. "We'll see about that" he replied.... I didn't take him on but instead forwarded an email to him that was agreed some time previously.
Tuesday 3pm I simply walked into his office and said I'm off and see you Monday. Bye.
Nothing was said.
IU like you was prepared to walk over it. If something is agreed, then it's agreed.
If it’s through an agency this is typical behaviour. They won’t have any respect for you or your plans and will just push you to work anyway. Go on your holiday and don’t worry about it. If the job isn’t there when you get back it’s a w
k setup anyway. Get another job and use another agency.
k setup anyway. Get another job and use another agency. TVR Moneypit said:
Personally, IMO, what's been agreed has been agreed, whether verbally or in writing matters not one jot. If this firm, or any other is going to renege of prior agreements, I'd been wondering what other shire stunts they'd be looking to pull in the future, and would be looking to move employers asap.
If it were me, I'd be informing HR that the holiday time was agreed pre signing of the contract, therefore, as they would expect any good employee to do, I'd be sticking to the agreed terms. No if's, no but's.
There's plenty more jobs out there.
Depends on personal circumstances I guess. Its through an agency so I'd expect messing about no matter what. If you've got £17 in the bank then you might need to grit your teeth and cancel the holiday. Especially given the time of year. If it were me, I'd be informing HR that the holiday time was agreed pre signing of the contract, therefore, as they would expect any good employee to do, I'd be sticking to the agreed terms. No if's, no but's.
There's plenty more jobs out there.
Agencies don't really have your best interests at heart either. If they're being paid every hour you're in there rather than a finders fee they will happily just force you to cancel your holiday if they can get away with it.
If I could afford to go jobless for a while longer I'd just risk it and go on holiday. I wouldn't do it at the risk of no food on the table or rent going unpaid in January.
Why don't you pick up the phone and have a conversation with them? Don't be confrtontational, just say "I thought we'd agreed during the interview and application process, as per the contract, that I would be away until 2nd January. I'm confused by the text that has been sent for me to be in on the 26th? I'm sure it's a misunderstanding..."
Make them feel a bit stupid for asking you to come in.
Make them feel a bit stupid for asking you to come in.
silent ninja said:
Why don't you pick up the phone and have a conversation with them? Don't be confrtontational, just say "I thought we'd agreed during the interview and application process, as per the contract, that I would be away until 2nd January. I'm confused by the text that has been sent for me to be in on the 26th? I'm sure it's a misunderstanding..."
Make them feel a bit stupid for asking you to come in.
Yes this. Make them feel a bit stupid for asking you to come in.
Why be confrontational over a mistake?
silent ninja said:
Why don't you pick up the phone and have a conversation with them? Don't be confrtontational, just say "I thought we'd agreed during the interview and application process, as per the contract, that I would be away until 2nd January. I'm confused by the text that has been sent for me to be in on the 26th? I'm sure it's a misunderstanding..."
Make them feel a bit stupid for asking you to come in.
Yes this. Make them feel a bit stupid for asking you to come in.
Why be confrontational over a mistake?
wombleh said:
In this case I'd be confrontational with them, the agent is either useless or lying or both. I would bet they have agreed to your terms to get you signed up but not told the end client and are now trying to blag their way out of it.
There is no point in behaving with suspicion and immediately taking a negative point of view. This sort of attitude rarely works out and even if you "win" it makes you look like an idiot who nobody wants to work with.Just have an open conversation. Most people are genuinely not out to get you, as the above posted=r would lead you to believe. It's far more likely paperwork has been missed and mistakes made. If you highlight their mistake in a polite way, it should be a quick fix. Just be assertive that you have zero options and can't work this period - you have pre committed to other things that you cannot get out of.
In the vein of the big Star Wars movie just released
"only a sith deals in absolutes"
don't make it an ultimatum about you quitting at this stage. It's naive.
Edited by silent ninja on Sunday 24th December 19:07
An update: I rang them on 23rd and said the holiday was said to be "not a problem" during my interview and that the text message must be a mistake. The guy didn't speak very good English and it took a while to make it clear it was from the 22/12 to 2/1 but in the end he said ok.
Great.
Next day I get a phone call at 9am no doubt to ask where I am. I didn't answer.
We'll see what happens tomorrow. I suspect I no longer have a job, in which case I'll be chatting to the EAS next.
These people are cowboys for sure. They mostly deal with migrants who have no idea about acceptable working standards in the UK and are obviously used to bullying workers. e.g. we're not allowed to take our phones into work but provide a locker to keep things like these in... only if you've been there for 3 weeks or more. So I'll leave it in my car then... except you're also not allowed to take your keys in either and suggested I leave the keys to my car and house in the canteen with everyone else's stuff. I genuinely laughed hard in their faces stating "duty of care" at them. Then walked into work... Nothing came of it. I've been there a week and could already write a book.
Great.
Next day I get a phone call at 9am no doubt to ask where I am. I didn't answer.
We'll see what happens tomorrow. I suspect I no longer have a job, in which case I'll be chatting to the EAS next.
These people are cowboys for sure. They mostly deal with migrants who have no idea about acceptable working standards in the UK and are obviously used to bullying workers. e.g. we're not allowed to take our phones into work but provide a locker to keep things like these in... only if you've been there for 3 weeks or more. So I'll leave it in my car then... except you're also not allowed to take your keys in either and suggested I leave the keys to my car and house in the canteen with everyone else's stuff. I genuinely laughed hard in their faces stating "duty of care" at them. Then walked into work... Nothing came of it. I've been there a week and could already write a book.
It shouldn't be like that though.
I had a phone call today with them asking if I still worked for them. For I think the 6th time I explained my holiday situation, what was agreed that they will have my contract on their records etc. etc. to which they said basically ok.
?
Seems that they want to push people around expecting them to buckle but ike a true bully, have no guts when someone knows UK working standards better than an immigrant, stands up to them...
I might work for them for another week. I have some other people who I used to work for asking for my services only yesterday...
I had a phone call today with them asking if I still worked for them. For I think the 6th time I explained my holiday situation, what was agreed that they will have my contract on their records etc. etc. to which they said basically ok.
?
Seems that they want to push people around expecting them to buckle but ike a true bully, have no guts when someone knows UK working standards better than an immigrant, stands up to them...
I might work for them for another week. I have some other people who I used to work for asking for my services only yesterday...
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