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To think this is discrimination

(680 Posts)
Hiptrip Sat 11-Nov-17 09:47:46

I work in a 365 days a year industry. My colleagues and I, have to provide cover over Christmas.

As I worked over Christmas and New Year last year, I booked and was promised this year off. I have this in writing.

Two colleagues have announced that they can't get childcare, and now management have come back to me and said I have to work. (Single, no kids was planning to have fun with friends and family. Shouldn't have mentioned it in my break at work.)

I have now received a written directive that my leave is cancelled, with the threat of disciplinary if I don't turn up.

No unions here, but what are my chances of claiming constructive dismissal if I don't go to work?

We are a team of twelve and those with families, who are rostered to work have a month to sort themselves out, as does everyone else. Why should it be me that has to come in the whole time, along with our unfortunate manager who has no choice because she is in charge?

TheQueenOfWands Sat 11-Nov-17 09:49:40

They have a month and a half to find childcare. They've played that card too soon.

ShatnersWig Sat 11-Nov-17 09:49:49

I would play merry hell about this with HR.

May be worth posting in Legal.

Brokenbiscuit Sat 11-Nov-17 09:51:49

It's very unfair in my opinion, but I doubt it's illegal.

It is discrimination but not against any protected characteristic, so they can probably get away with it.

I don't think you would have a case for constructive dismissal.

Sorry that your Christmas has been

Notreallyarsed Sat 11-Nov-17 09:51:49

They’ve got 6 weeks to source childcare? They’re at it.

Brokenbiscuit Sat 11-Nov-17 09:52:35

You could put in a grievance though - might be worth a try.

Incitatus Sat 11-Nov-17 09:52:42

You'll have to raise a grievance about it. This happened at my last place of work.

Tobuyornot99 Sat 11-Nov-17 09:54:31

That's absolutely shit, but legal I employer has a clause in the leave policy that they can cancel leave at any time due to business needs.

Angrybird345 Sat 11-Nov-17 09:55:58

Say you are doing childcare for others as they are working? Call Acas and ask them. Presumably the people who were supposed to work have family?

Angrybird345 Sat 11-Nov-17 09:56:13

Should have said you’re going abroad.

Justbookedasummmerholiday Sat 11-Nov-17 09:57:13

I would face the disciplinary rather than miss Christmas and no longer be speaking to the colleagues either .

Peachyking000 Sat 11-Nov-17 09:57:53

What if you’d booked airline tickets? It’s very unfair, unfortunately probably not illegal though. I’d be very annoyed too

manicinsomniac Sat 11-Nov-17 09:58:16

That's really awful and unfair. It's certainly discriminatory but unfortunately, I doubt it's discrimination.

How many of you have to work on Christmas Day? However many it is, it should be rota-ed fairly across the years so people know years in advance when their turn will be coming up - ie if 3 people have to be in you work Christmas once every four years.

PurpleDaisies Sat 11-Nov-17 10:05:05

Contact ACAS. That’s absolutely awful. I’d be looking for a new company to work for.

Trueheart1 Sat 11-Nov-17 10:05:45

It is not fair but you could be kind and think that it is nice that one of your colleagues will now be able to spend the day with their children.

I know that it is not your problem and that you should be able to enjoy Christmas as well but in the spirit of goodwill maybe think about those children, who will now get to see their mum or dad on Christmas day. My dad worked on many Christmas days when I was little and it did put a damper on the day.

Hiptrip Sat 11-Nov-17 10:08:03

There has to be four staff in. I can't say what I do because that will out me and may make matters worse.

I do know that my employers have the right to cancel leave, although it's not in my contract. What I object to is that it is only me that is being hit on to pick up the slack.

The other two staff without kids, happen to be working this year anyway.

I am thinking of just failing to go in to be honest.

youarenotkiddingme Sat 11-Nov-17 10:08:38

I'd write in an official grievance.

Say you have family to care for too (family is any relative) and nor can you find alternative care. That you will be escalating to investigate a case of discrimination if they find others care needs more important than your own as equal employees.

PurpleDaisies Sat 11-Nov-17 10:09:13

It is not fair but you could be kind and think that it is nice that one of your colleagues will now be able to spend the day with their children.

What a load of bollocks. Why should people without children always be guilt tripped into working Christmas? The op’s tone with family is just as important as anybody else’s time off. It doesn’t matter that it doesn’t include children.

There’s nothing in the op to suggest that the children don’t see their mum or dad on Christmas Day at some point. My mum often worked Christmas Day as a nurse and it wasn’t an issue at all.

Steeley113 Sat 11-Nov-17 10:09:35

Childminders and nurseries don’t work over Christmas so now childcare is fairly reasonable. I’m a nurse and have small children, although I accept I may have to work it, if I was a single parent or my husband worked a similar job there is no way I’d have anyone to have my kids Christmas Day.

IDSNeighbour Sat 11-Nov-17 10:11:48

Trueheart - it's much worse for single adults to have to work Christmas than it is for those with families, in my opinion.

An adult with a family can get up on Christmas Day, watch his/her children open their presents and have fun, go to work and come home to a Christmas Dinner with their family and a fun, family evening.

If I had to work on Christmas Day I would not be able to go away to stay with my Mum and/or sister's family. I would wake up on my own, go to work and come home to spend the evening on my own in an empty house. Miserable.

Christmas is not for children. It's for families, with members of all ages who don't always live close together.

Hauntedlobster Sat 11-Nov-17 10:11:57

How unfair

Hiptrip Sat 11-Nov-17 10:12:25

If you can't find childcare for certain times of the year, don't work in an industry where you may have to work on public holidays.

ShatnersWig Sat 11-Nov-17 10:13:16

Sorry Trueheart but bollocks. She was kind last year. Why do single people or those without kids have to be the ones who are always kind at Christmas? People still want to spend Christmas with family even if that family isn't under 16! The sense of entitlement by a lot of parents over Christmas really fucks me off. Sorry, but parents are NOT more important than non-parents.

Steeley113 Sat 11-Nov-17 10:14:38

@Hiptrip if that was the case, a hell of a lot of nurses or doctors wouldn’t exist.

PurpleDaisies Sat 11-Nov-17 10:14:57

Christmas is not for children. It's for families, with members of all ages who don't always live close together.

It shouldn’t even be that-if the op wanted to sit at home in her pants and get pissed she should be allowed the time off because ranking people’s private lives on whose family is more important is out of order.

I know it’s difficult for single parents and there might be some who would genuinely struggle, but most parents just don’t want to work Christmas Day and have sknekbe else with their kids. That’s understandable but not a reason to force others to work.

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