Like it or not BestWestern, the law is clearly on the employers side here. It is not nice to have leave cancelled, but it is a matter of fact that an employer can do so if the need arises.
If the lieu day was agreed formally the recourse has already been explained. The driver broke their conditions of employment and acted fraudulently in doing so when the agreed leave was cancelled. It would then be ASLEF that should have sorted it out, nit for the driver to have pulled a sickie.
They took a gamble and got caught out. Simple as.
You will find that this happens quite a lot in private industry, where the nature of the business requires employees to be flexible. The law only states that a minimum of 20 days leave must be taken and essentially that it is between the employee and employer to work it out.
In practice, most people will never have leave cancelled. I worked with someone who had a 3 week cruise booked, but had to go to India for work purposes instead. They were duly compensated of course, but it happens and as long as your employment contract doesn't have grossly unfair conditions within, then yes an employee must attend work when leave is cancelled. If worst comes to worst, the employee can submit a claim in the Small Claims Court if there is an appreciable financial loss as a result, that hasn't been compensated.
It is crap I know, but that is how the cards are stacked.
Like it or not, the driver was in the wrong and got what was due them. The union cannot expect any sympathy from anyone using the train services to support any strike action because of that very simple fact.
As they say, tough titties!
If the lieu day was agreed formally the recourse has already been explained. The driver broke their conditions of employment and acted fraudulently in doing so when the agreed leave was cancelled. It would then be ASLEF that should have sorted it out, nit for the driver to have pulled a sickie.
They took a gamble and got caught out. Simple as.
You will find that this happens quite a lot in private industry, where the nature of the business requires employees to be flexible. The law only states that a minimum of 20 days leave must be taken and essentially that it is between the employee and employer to work it out.
In practice, most people will never have leave cancelled. I worked with someone who had a 3 week cruise booked, but had to go to India for work purposes instead. They were duly compensated of course, but it happens and as long as your employment contract doesn't have grossly unfair conditions within, then yes an employee must attend work when leave is cancelled. If worst comes to worst, the employee can submit a claim in the Small Claims Court if there is an appreciable financial loss as a result, that hasn't been compensated.
It is crap I know, but that is how the cards are stacked.
Like it or not, the driver was in the wrong and got what was due them. The union cannot expect any sympathy from anyone using the train services to support any strike action because of that very simple fact.
As they say, tough titties!
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