Pragmatism.
Unfortunately, it's been on the decline for a few years, whether due to poor management, or lack of independent thought.
Implied Consent.
- Thread starter conny
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Pragmatism.
Unfortunately, it's been on the decline for a few years, whether due to poor management, or lack of independent thought.
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SammyInnit
I don't think it even goes as far as discretion and probably has more to do with profitability and avoiding any cost where possible.
This has happened in the past, in fact it happened to me in October but it was the manager who said something to the effect, "If you have to, thanks for letting me know."
The fact is, I wasn't letting him know, I was asking his permission. At that time he didn't say, "I will authorise your holiday even though it's at very short notice...……." or anything with the word 'authorise' in it.
I am also not the only one to have been given 'permission' for a short notice holiday but for some reason he seems to be acting different with this young lad.
Big All, yes the deputy supervisor, as you call him, was on duty that day. In the absence of the manager he is the one we speak to/ask if we have a query. He is also the one who authorises regular pre booked holidays when the manager is away.
The fact is, I wasn't letting him know, I was asking his permission. At that time he didn't say, "I will authorise your holiday even though it's at very short notice...……." or anything with the word 'authorise' in it.
I am also not the only one to have been given 'permission' for a short notice holiday but for some reason he seems to be acting different with this young lad.
Big All, yes the deputy supervisor, as you call him, was on duty that day. In the absence of the manager he is the one we speak to/ask if we have a query. He is also the one who authorises regular pre booked holidays when the manager is away.
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I mentioned that in my earlier post. But its better to start with the position of who was authorised to approve and/or apply management discretion on the request. its very easy to dismiss an argument of common practice by attacking the specifics of the example. You'd have to show widespread common practice to the level where -"everyone knows you are allowed to do this".
A lot of speculation here.
If the company has a HR dept and some kind of appeals/grievance processes, then one would assume the company is relatively sophisticated and that there is a holiday/leave policy.
That policy may or may not have provision for taking emergency, or even compassionate leave, which may be more relevant proxy for the situation if the holiday policy itself say a formal notice period for requests must apply.
The conversation with the supervisor must be framed in context with those policies.
If the write policy for requests has any ambiguity I.e employees should rather than must , or say anything along the lines of ‘in normal circumstances’, or ‘management discretion’ then the case for the employee is strengthened.
Even if there is no policy or no clear direction around short term absence, and all parties agree the conversation was as stated here, then one could argue that the employee has requested a days paid vacation (commonly referred to as holiday) and believes that it has been granted because there is no evidence of the request was rejected by the supervisor, or that the request was granted by the supervisor, albeit as unpaid leave.
(It may also be useful to clarify if the company has an unpaid leave policy).
If the company has a HR dept and some kind of appeals/grievance processes, then one would assume the company is relatively sophisticated and that there is a holiday/leave policy.
That policy may or may not have provision for taking emergency, or even compassionate leave, which may be more relevant proxy for the situation if the holiday policy itself say a formal notice period for requests must apply.
The conversation with the supervisor must be framed in context with those policies.
If the write policy for requests has any ambiguity I.e employees should rather than must , or say anything along the lines of ‘in normal circumstances’, or ‘management discretion’ then the case for the employee is strengthened.
Even if there is no policy or no clear direction around short term absence, and all parties agree the conversation was as stated here, then one could argue that the employee has requested a days paid vacation (commonly referred to as holiday) and believes that it has been granted because there is no evidence of the request was rejected by the supervisor, or that the request was granted by the supervisor, albeit as unpaid leave.
(It may also be useful to clarify if the company has an unpaid leave policy).
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If I ask a patient at work "Can I check your blood pressure ?" They then hold out their arm for me to put the cuff round , that is implied consent. They haven't said yes, or no, but have willingly held their arm out.
D
durhamplumber
That is the most simplistic form of non verbal consent.Contracts are never that simple.
yes there can be no ambiguity there
there can only be "the meeting off the minds" as it a yes or no scenario
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