To think this is discrimination

[Hiptrip]

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?

bratsy well no I don't agree with it either tbh, I think what I meant to say was that it doesn't surprise me, as it's an attitude I've come across regularly myself.

My God there are some entitled fucks on this thread.

Just because you have children and I do not does not mean you are any more entitled to the holiday off with your family. I will work my FAIR SHARE. Your bullshit lack of organisation is not my fault or concern.

It's not discrimination, but it is incredibly poor management.

I don't buy into the reasoning that people with kids should have first dibs on holiday over the festive period but that's not the point - the OP had booked annual leave that she is now being told she cannot take. Unfair.

Ah that's a shame the kids can't go in. If they have partners at home or actively involved relatives like uncles or grandparents, they are taking the piss, the kids have somewhere to go. If they are truly single I get why they can't be there, but I suppose that should be their disciplinary not yours.

It's not about children or parents being entitled to a magical christmas. It's about logistics and recognising parents have a legal duty to not leave a child alone. Most adults dont have a legal duty to see their mate betty from uni even though that is an equally valid way to spend a day.

I hope it gets sorted and you manage to get a nice Christmas.

It would be terribly if you got norovirus over Christmas.....

FAMILY ISN'T JUST CHILDREN! CHILDLESS PEOPLE HAVE FAMILIES TOO

Exactly!!!! I can't believe some of the posts on here. I don't have children but I have nieces who I want to see on Christmas Day. Unfortunately i wont this year as their dad is working. My brother and I both work for the emergency services. He's working Christmas Day thankfully I'm off otherwise my Mum would be spending most of the day on her own. There's no way I'd give up my Christmas Day off for a colleague with children and have her spending the day alone. She's my priority, my family, not someone else's

I suspect the company is making the OP cover because they think she'll make less of a fuss about it. Prove them wrong.

It's unfair. Could you say you have agreed to care for a child over Christmas. Or an elderly relative. I'd make up a lie rather than let these selfish people get the better of me. But I don't think you'd have a case for constructive dismissal.

If someone has special circumstances, like you said, that is different. OP just wants to go on holiday.

So what?
It's up the OP how she spends HER annual leave. How do you know she isn't going on holiday to visit family?

YANBU OP. I can't believe some of the entitled attitudes on here.

I used to work in a 24/7 365 day job. We all took turns to work Christmas day. I worked Christmas day when DS was 3. He went to my parents on Christmas day. We celebrated Christmas day on Christmas Eve, nobody died, nobody was traumatised and Christmas was not ruined.
That particular year my single childless colleague, who is a very good friend was off work on Christmas day. I didn't ask her to swap because the understanding was that we TOOK TURNS to work Christmas.
Single people are entitled to a normal Christmas day.

Also companies that do this simply cause divisiveness between parents and non parents. I don't think this is good for anyone.

Some nasty comments here on both sides or the argument (mostly from cats) that really aren't in the Christmas spirit.
When I was little my mum was a nurse. There was a lot of give and take with her colleagues and as she was happy to work new year she only worked on Christmas day a couple of times. I have to be honest, as a kid I hardly noticed she wasn't there as I was so busy with my new toys. I remember being very excited to get to stay up late and have a Christmas supper together when she had finished her shift. So all of these excuses about the children's needs are excuses. As a kid we still had a brilliant day even though my mum missed a big chunk of it.
Now as a grown up who has not been blessed with children, I still see Christmas as a magical family time. I'm looking forwards to seeing my elderly aunt, my parents, siblings and their children on the big day. Some of them live a long way away so I only see a couple of times a year. I'm just as entitled to have a special family day as someone who has children of their own. I'd be gutted if I couldn't because somebody in work decided to play either the 'Johnny needs his mum on Christmas day' or the 'I can't get babysitters' card. Sure, it must be difficult for single parents who have no family nearby but that can't be the case for all of the OPs work colleagues. So no, you are not being unreasonable here OP but I don't know what the answer is.

I do think it is more important for parents to be with their children on Christmas day than people hanging out with their friends

I don't My friends and my (adult) family are just as important as other people's children.

Sorry grasspigeons but that won't work. The OP does not have a legal duty to see that her colleagues' children are not left alone. It's their duty.

Nobody would expect a colleague who lived nearby and had successfully brought up now-adult children to come to their home and look after their DC when they had a Saturday or night shift or on CD. So why the hell do some here expect the colleague with no childcare responsibilities to go and work their difficult shifts for them?

‘But in this case there are no “needs”, are there?’

In the scenario described by the OP, these children need their ( single) parent to be able to care for them because there is no one else available.

Honestly, the aggression from some posters is totally uncalled for.

Whilst, as other posters have said, they have not breached employment legislation, their actions do demonstrate incredibly poor management and they have treated the OP unfairly.

I would advise submitting a grievance which should be heard by a more senior manager who may be able to make special provisions due to the circumstances. What have you got to lose?

Where I used to work one nurse absolutely refused to work xmas. She chose to have a second child when she was on her own and the rest of us paid the price by having to work xmas. I had two children, but still shared the holiday shifts with my colleagues out of a sense of decency and comradeship.

The skiving nurse had parents who could have cared for her kids, but she chose not to work so got to spend every xmas with them. The spineless manager allowed this to happen.

The bad feeling was incredible and was one of the reasons I left.

I use to work in a team where the staff who had young children would decide between themselves as to who got what days during school holidays and Christmas. The “ring leader” was best mates with the manager, so they would all book they wanted directly with her, she would approve it and leave the rest of us with whatever was left over!

I remember one time, I booked off a week in the school holidays - must have been one of the weeks they hadn’t wanted at the time. The ring leader out of them suddenly decided that she wanted that week instead of a different one. I refused to switch as we had plans. She had a full on bitch fit saying I didn’t have children so had no right to have time off during school holidays! I don’t work in that team anymore but she basically didn’t speak to me again after that!

@TheCatsPaws According to your logic those without children should work every Christmas.

That's about as entitled as you can get.

It should be shared fairly.

The End

I am very surprised about the two people who cannot get childcare. Were they going to be spending Christmas with no other members of the family or friends, just them and the children? I have my doubts about this, though even if genuine there are a few weeks to sort something out.

I suggest as others have done that the OP puts in a grievance, as the threat of a disciplinary they could consider to be bullying.

Yes unfair for a childless adult to be told they can never have Christmas day off, ever.

I have kids.
I don't think I am more entitled to time off than my childfree colleagues or my Muslim or Jewish colleagues.

I have worked over Christmas as a single, childless person and it was pretty tough to have to go home after to an empty flat with no way of travelling to family or friends for a couple of days.

When me or OH have Christmas shifts we move Christmas dinner and presents to the day before and when he/me get home on the day there is a lovely sparkly home waiting and kids with their presents.

No one should take precedent although it would be impossible for some parents to get childcare at Christmas and that surely needs to be taken into consideration?

In the scenario described by the OP, these children need their ( single) parent to be able to care for them because there is no one else available.

They have had 365 days to find someone if they knew it was their Christmas to work.

Paid childcare would be almost impossible to get. But many, although not all parents,will have a partner, parents or extended family either close by, or spending xmas together anyway.

I wonder how many of the posters saying parents should have more rights to Christmas Day off than people without actually work in jobs where working Christmas Day is expected.