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was i treated unfairly ?

13 replies

2013mummy2009 · 25/09/2013 21:57

I have just walked out of my job i was there for 7 months. My son has just started school (he is 4yrs old) an my partner training courses he finishes different times everyday! the only other person i have to help is my mom whose work pattern changed beginning of summer and her rota is done weekly she either works from 7am-3 pm, 3 pm-10pm or over nights, i explained this several times to my managers and told them i need school hours so i wasn't committing to hours i wouldn't be able to do
(on a 4 hour contract i cant afford to pay for childcare) i gave them plenty of notice i was still being put in for weekends and late shifts when i asked 1 of the managers who does rotas he said he didn't know i had asked for week days and i would have to fill out a time sheet and wait for the other manager to come back !
so i did and asked him about the shifts i was in for fri 5-9pm,sun 5.30-6.30 an tues 2-6 he simply shrugged his shoulders and said you will have to ask somebody to swap with you i have kids and i manage!
luckily my mum finished at 3 fri so picked up son n ran him straight up there when we got there my mum told me she had been called by work and had to go in overnight to help do lock up and stay over night with door buzzer an phonein case of any late check-ins and had to be there by 9 (as the other lady had rang in sick)
so i went to work n asked if i could leave early and explained why, he said no it was only when i said well in that case i will have to leave now he agreed........ so Tuesday i was lucky as it fell on my mums day off however halfway through my shift the main manager called me in and basically refused my time sheet saying he wouldnt employ somebody who is only available school hours n that i need to make myself available evenings/weekends as u can see from above that would be difficult n my son has to come first! i got upset n was angry it had been dragged for so long i told my manager 4 weeks ago about this change. so after all that n being made to feel like crap..
((( i got told there has got to be somebody who could pick my son up--........... well their isnt i moved recentley most of my family live 250 miles away n i havent known anyone here long enough to trust with my son or who would be able to guarantee they could do it))) so after all that had been explained he still refused so i said i would have to leave i was extremely upset an couldnt handle serving customers crying so i left but thinking about it i think i have been treated unfairly they knew i had a son when i started and i cant help my circumstances changing could you tell me if this is fair??x

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jkklpu · 25/09/2013 22:04

It's a bit hard to follow. Firstly, yes, it must be very trying not to be offered the hours you want to work. What does your contract say about how flexible you have to be? I presume you and your colleagues are expected to show mutual flexibility so that no one has permanent priority over anyone else when choosing shifts.

It's not clear where your partner is in this. You say he finishes at different times but don't say whether he works all weekend. In lots of couples, one does weekend shifts so that the other can be with the kids, which sounds good to employers who might otherwise have people trying to avoid weekends.

However difficult it seems in your circumstances, I'd be surprised if you could dictate such limited hours unless your contract says you have total discretion over when you work. You don't say what you do but the shift managers need to make sure that the required hours are covered and it would be divisive to let just a few individuals have the hours they wanted all the time at the expense of others.

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flowery · 25/09/2013 22:12

It sounds like your circumstances changed and you told them assuming they would be able to work around your new circumstances rather than asking them if it was possible to change your hours. It's unlikely your contract gives you the right to be able to dictate your hours in that way.

How do you feel you might have been treated unfairly? Just because they couldn't accommodate your new circumstances?

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lougle · 25/09/2013 22:18

"i told my manager 4 weeks ago about this change. so after all that n being made to feel like crap.."

That's not the way it works. The employer advertises a role. The applicant applies. The employer appoints the applicant to fill the role they advertised.

The employee doesn't 'tell the manager of the change' and expect the employer to comply. They approach the manager and explain their difficult circumstances, asking if their needs can be accommodated.

If you want your family circumstances to be accommodated, you should put in a formal Flexible Working Application.

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2013mummy2009 · 25/09/2013 22:24

He gets work away with an agency (labourer) atm so could be working close weekdays till late / away a week 2 weeks or a month coming bck on sat/sun if boss thinks the job is being done quick enough if they are behind they work saturdays if they are far away they wont drive bck just to drive back to the job sunday night! This week he is doing a course 9.30-4.30 mon to sat, 7 miles away going on 2 buses (neither of us drive yet) can take 2 hours in bad traffic just over 1 if your lucky.he is starting work in a factory in 2 weeks doing night shifts his shifts will be put on rota weekly weekends &weekends 30 hrs which is obviously going to prioritize myn. i do 4 hours a week (no more!) on tills in a clothes store.

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NicknameIncomplete · 25/09/2013 22:27

My contract states times & days & i am still made to work other days & times when i cant.

Employers seem to think they can do what they want.

However if there is nothing in your contract about specific days/times there is nothing you can do.

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SenoritaViva · 25/09/2013 22:29

Agree with others, you are essentially being totally inflexible and yet expecting them to be entirely flexible. You need to find childcare of sorts. Does the school not have an after school club? Do your husband and mum work every weekend? You need to work with your employer on this.

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2013mummy2009 · 25/09/2013 22:35

well i didnt mean i went in dictating i want them hours i explained what changes was happening (4 weeks ago) to the manager that was in that day he said ok i will pass that on ! i do understand you cant just have the hours u want that is why i explained my situation to them i was on a contract of 4 hours and thats all i evere got so i didnt see the big problem with doing 1 shift in the week when other parents that work there get weekday shifts !!

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jkklpu · 25/09/2013 22:40

Your OP complains that you are not guaranteed the shifts you want; now you say you understand that you can't have just the hours you want. So why are you saying you have been treated unfairly?

A response to the new information that the manager will pass it along is nowhere near a commitment that your new requirements will be accommodated. It's not in your contract and you do give the impression that you think your employer has to bend over backwards because your circumstances have changed. Sorry, but that's unreasonable on your part.

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2013mummy2009 · 25/09/2013 22:42

no they dont but my rota was done 3 weekly so i would have to start asking them to change rota if i had been put in on a day both of them was!. yes they have afterschool at silly prices! as i said before childcare is a cost i couldnt afford would work the 4 hours to pay for it when i could be with him !

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birdybear · 25/09/2013 22:52

Your posts would be a lot easier to understand is you put full stops in to make shorter sentences.

Why don't you ask what would work for them and see if they can work with you on agreeing a change that's suits you both?

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birdybear · 25/09/2013 22:52

if you, even!

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stowsettler · 26/09/2013 10:19

In answer to your question, no you were not treated unfairly.

If you wanted to change your working pattern, you should have done as flowery suggested and submitted a Flexible Working Request. Your employer would then have considered it and either accepted or denied it.

That's all there is to it.

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AmyMumsnet · 26/09/2013 11:41

Hi 2013mummy2009, we can see you're trying to get in touch with us. Please check your email inbox as this is how we usually get in touch with posters.

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