Rank: New forum user 
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Hi All, Please could I have some guidance as i'm not sure what to advise my operations manager on the below email I have received from him?
"An associate has requested a holiday as he is travelling to York for the anniversary of his mother’s death this weekend, unfortunately another associate is already on holiday so his team leader has declined the holiday. Do we as a company have a duty of care to Dave as he is an MHE driver and will be tired from his travels if he does not get the holiday? HR have confirmed that it is down to the employee when office based but was unsure with MHE drivers?"
I believe we have a moral and ethical duty of care to allow him to take this holiday? He would go on saturday to York, come back sunday day and then be expected to come in for night shift? Thanks in advance for any help. Regards Ros.
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Rank: Super forum user 
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Okay I will play big corporate based upon an experience with a funeral situation. If this employee was aware of the upcoming event why did they not book "in advance" so it was their colleague whose holiday request was denied? If you offer "shift swaps" why are they not talking to their colleagues to arrange suitable cover? Last minute considerations are exactly that and should never impact upon others or the business. The team leader has a duty to the business to ensure sufficient human resource to complete company operations so denying the holiday request is their primary option. The company is only responsible for contractual hours and hold a reasonable expectation its employees arrive in a fit state to conduct their duties - now you are aware they may potentially be unfit due to tiredness your duty to their colleagues and others takes precedence over the individual. Put it politely to the driver - sorry but we have no cover if you are not here and as you have not arranged suitable cover for your duties we can only permit this last minute absence as unpaid leave as we will need to hire a temp to cover your shift.
And get more consistent HR policies so that H&S aren't being asked for advice
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 4 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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Okay I will play big corporate based upon an experience with a funeral situation. If this employee was aware of the upcoming event why did they not book "in advance" so it was their colleague whose holiday request was denied? If you offer "shift swaps" why are they not talking to their colleagues to arrange suitable cover? Last minute considerations are exactly that and should never impact upon others or the business. The team leader has a duty to the business to ensure sufficient human resource to complete company operations so denying the holiday request is their primary option. The company is only responsible for contractual hours and hold a reasonable expectation its employees arrive in a fit state to conduct their duties - now you are aware they may potentially be unfit due to tiredness your duty to their colleagues and others takes precedence over the individual. Put it politely to the driver - sorry but we have no cover if you are not here and as you have not arranged suitable cover for your duties we can only permit this last minute absence as unpaid leave as we will need to hire a temp to cover your shift.
And get more consistent HR policies so that H&S aren't being asked for advice
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4 users thanked Roundtuit for this useful post.
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Rank: New forum user
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Thanks Roundtuit for your guidance. Everything you said makes sense and was my initial thought but I am getting too soft :)
Just wanted to check that we weren't breaching our duty of care. Thanks again Ros
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