Implied Consent.

[motorbiking]

There will be a definition of the process somewhere along with who and how emergency leave is authorised.

It’s possible that at the time the supervisor, given the limited time to assess the situation assumed the emergency was more serious. At a later point he was aware of more details and concluded it was less of an emergency

I can’t see how you can raise a grievance for a matter which may be at the managements discretion, unless you can show others in the same situation were treated more favourably.

This one may not be worth the candle.

There are many other scenarios where the answer could be yes.

 

[SammyInnit]

Would you take that to mean they are consenting to you doing it?

No because it's not explicit. If anything it suggests they have an idea of what something entails but would rather not be party to it.

 

[conny]

It involved a young lad asking for an 'emergency days HOLIDAY'. A day which he had accrued over the past 7 months and would be entitled to take by law.
A crisis came up at home so, knowing the workshop manager was away on a course, he contacted the next in line of the chain of command an hour before that guy was due to start work. The lads work, although being vital, was easily covered in his absence as it has been done in the past for planned holidays. We all cover the basics of each others jobs when someone is on holiday/off sick etc.
We all agree that we would have taken it as consent so can't understand why some young girl in HR unauthorised it, or indeed, if she HAD the authority to do so.
Questions to which this poor guy can't get an answer because they won't give him one.

To answer Motorbiking point. The lad explained exactly what had happened at home so the supervisor was aware of the full facts at the time.

 

[SammyInnit]

Well if I don't go to work I don't get paid and he's still got a days holiday. He should just bite the bullet.

 

[Mottie]

I didn’t know there was such a thing as an 'emergency days holiday'. Holiday must be planned. Basically, for whatever reason, he wanted a day off at an hours noticed and he wanted to take that out of his holiday entitlement. If everone did that, the business would be in chaos. Personally, if an emergency happened at my home that required me to take time off work, I’d just be happy to get it without pay.

 

[noseall]

Well if I don't go to work I don't get paid

Me neither.

 

[Brigadier]

We all agree that we would have taken it as consent so can't understand why some young girl in HR unauthorised it, or indeed, if she HAD the authority to do so.


.

"Young girl in HR".
Sounds like you have a problem with the fact a "young girl" had the temerity to do this.

Authority can be delegated: the age or gender of the delegated person is not necessarily a bar to taking it on.

 

[EFLImpudence]

What about 'inferred consent'?

 

[Brigadier]

What about it?

 

[EFLImpudence]

Well everyone is discussing if the supervisor implied consent by what he said.

What if the person inferred consent? Has that no bearing on the matter?

 

[Brigadier]

Ok.

My first thought would be (with regard to this specific interaction, in isolation) agree with the other posters in that no consent could be taken as implied (or given, or inferred).

However, consent being implied or inferred may be plausible, if similar last-minute requests had been similarly answered, and no negative action taken.

 

[motorbiking]

You don’t have a legal right to take holiday at a moments notice.

There really is only one approach to this. Read the holiday policy, understand if a manager has discretion in how it’s applied, verify if the supervisor had such authority and argue that his response was taken as consent.

 

[Brigadier]

There really is only one approach to this. Read the holiday policy, understand if a manager has discretion in how it’s applied, verify if the supervisor had such authority and argue that his response was taken as consent.

What about precedent?
If (for sake of argument), it had been previous "common practice" to accommodate such short-notice requirements for time off in that way?

 

[big-all]

we still dont know if the deputy supervisor was on duty and in a position to make that decision or just making a comment

 

[Notch7]

It involved a young lad asking for an 'emergency days HOLIDAY'. A day which he had accrued over the past 7 months and would be entitled to take by law.
A crisis came up at home so, knowing the workshop manager was away on a course, he contacted the next in line of the chain of command an hour before that guy was due to start work. The lads work, although being vital, was easily covered in his absence as it has been done in the past for planned holidays. We all cover the basics of each others jobs when someone is on holiday/off sick etc.
We all agree that we would have taken it as consent so can't understand why some young girl in HR unauthorised it, or indeed, if she HAD the authority to do so.
Questions to which this poor guy can't get an answer because they won't give him one.

To answer Motorbiking point. The lad explained exactly what had happened at home so the supervisor was aware of the full facts at the time.

I dont see what the fuss is about.

He had a day off which was unpaid. He still has that days holiday, so he can now book and take that some other time.

It seems the company is being a bit churlish, the guy made an effort to explain -he couldve just rung in sick.