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?

It worked a treat, those with young kids generally took Christmas off and those without New Year. Perhaps you could suggest a split like that going forward.

I'd have preferred Christmas to New Year when I had no DC. It's then that these sort of unwritten rules fall down as I've just said, it's assumed you would rather than it being done in a fair way.

However, I will be reporting one of those colleagues who has disturbed my lunch break to argue about this - she has just sworn and me and called me a selfish cow because she has to come to work if I don't.

Well, there we have it. Entitled parenting strikes again. Why am I not surprised?

I love New Year but it's not my turn to have this year. Because I'm doing what I'm supposed to do - taking my turn to work.

pax that doesn’t work when people all want Christmas Day off. It’s a lazy assumption that people without children would rather go out and get drunk on New Year’s Eve than have Christmas off.

Good for you, op. Your managers have behaved appallingly though - I wouldn't want to work anywhere with such crap management if I could help it.

Assuming that the 2 people who were supposed to work on Christmas Day really DO have childcare issues with absolutely nobody able to look after them, why was the OP the one to get HER holiday cancelled (having worked the previous year) and not a different parent who has a spouse or parents etc who CAN cover for them? There are 12 in the team, 4 need to be working so presumably 4 worked last year. That leaves 4 spots from the 8 who didn't work last year, and it's rather unlikely that more than 50% of them have children and absolutely no chance of any childcare.

I was always the one to agree to work over Christmas, in the school holidays & half term etc as I don't (by choice) have children. But though I was happy to be considerate it got to the stage where it was ALWAYS me as the childless person who had to do weekends, Bank Holidays, late working etc. Priority yes, exclusive priority in all circumstances no . As I mentioned on another thread recently, I drew my line on the ground the day they asked me to cancel my June holiday to accommodate sports day for a parent I worked with.

A disgrace. I know a good employment solicitor and can PM you if you like.

Some twats on this thread.

Barbie222

That's really shitty behaviour in the part of the company and I agree that people with children need to be realistic about the kinds of industries they can work in if their childcare options are limited. Will they also be disciplined for not coming in? This could well be the case and they could be just taking it on the chin - we don't know if the same message has been given to everyone? Apologies if this has been made clear previously in the thread.

I wondered that too Barbie, about the disciplinary and if it applied to everyone who was due to work Christmas and didn't. I've had a meeting at work, because my childcare (DM) broke her leg and I was left without childcare for a week without an alternative. I took it on the chin, I was in a no win situation. Couldn't very well leave DC alone, DM in hospital, arranging alternative care took a week to find, arrange and finalise. Absolutely not my fault, but absolutely my responsibility. That's where I think sometimes things go wrong in life and society in general. Something may not necessarily be your fault but it's still your responsibility. Too many people shrug and say "Not my fault" when actually, it's still their responsibility.

But that's no use if everyone still wants Xmas Day!

You are right, it doesn't. But they usually found enough people to cover, some didn't much mind either way. Some years they had to draw straws.

bitclueless my mum was a nurse as well. I've had Christmas dinner from any time from 9 am to 9pm or later and it didn't do me any harm. Like you we just got on with it and had a brilliant day whatever the time was.

For 6 years I swapped and covered Christmas Eve/Day etc so 2 colleagues with kids could have the time off. On the 7th year I announced I wanted to go abroad for Christmas and they were up in arms wailing ’think of the children, what about the children' (sets of kids were nearly teens at this stage)

Not one of them offered to cover for me which meant I couldn't book cheaper early flights etc. When rotas came out thankfully I wasn't on as I really doubt they would have covered for me.

I never offered to swap a single shift for them despite them wailing again when they had to cover the Christmas period the following year. I enjoyed my 2nd Christmas off with my family and friends.

If you put aside the question of who is more worthy to get the time off, the bit that absolutely stinks is that OP had her leave agreed- booked something on that basis- and now has had it rescinded. Completely different to not having it agreed in the first place.

Everyone knows that Christmas is a difficult time to staff. Even in our desk based industry when the office is shut on CD and BD you don't get leave approved until everyone submits their requests and the management team review them. If someone needs to travel then I guess they'd look at theres earlier. At the minute I know that there's a small chance i might need to go in and we'd have to agree amongst ourselves how to do that.

OP I'd look for a new job, one where the managers actually manage and also realise that their bigger paypackets mean that occasionally they need to fall on their own sword which in this case means working CD itself.

the bit that absolutely stinks is that OP had her leave agreed- booked something on that basis- and now has had it rescinded. Completely different to not having it agreed in the first place

This exactly, and why I think she needs to lawyer up.

You are right, it doesn't. But they usually found enough people to cover, some didn't much mind either way. Some years they had to draw straws.

But surely the fairer thing to do is to share the rota equally? Then if anyone really would rather have new year off, they can always do a swap with someone. I don't know what industry your father was in (were there lots of very young singles?) but in my 365day industry, preferring to have new year off is extremely rare.

It was the same for my dad, but there were lots of young men there who wanted New Years Eve off.

Actually if you are a Christian you should get the whole day off, not just the hours to attend church.

As someone with kids, I think your work are taking the absolute piss. Both management and your colleagues are shafting you here.

I haven't RTWT but I am guessing that saying you've booked a mega holiday isn't going to make much difference? Not that you should have to do this of course.

Your colleagues have ample time to find childcare OP. Don't feel bad.

ETA I had last Xmas off and will be working this year as it's my turn. I have 2 DC and will be 35w with my 3rd and yet still I'm working granted I have the Bank Holidays off

* I don’t think any of our wants re Christmas should come above a child’s*

So if my want is for a traditional turkey, and a child’s is for pizza, the family should have pizza?

What planet are you on that children get to call all the shots?!

I hate it when this happens. If you want to spend Christmas with your kids when it is so precious and special and needing to shaft your colleagues - DO NOT WORK WHEN HAVING KIDS THEN FOR FUCK SAKE.

Wow some of these replies. The OP had her leave cancelled and now might get disciplined if she refuses to work? In that case I hope the people who have had 364 days to arrange childcare are also getting disciplined, instead of being told 'there there, we'll just cancel some other poor fuckers Christmas so you can have yours'.

The entitled attitude of some of the posters on here is terrifying - I just hope they don't pass it onto their kids. I have a nearly 6 year old and will be working Christmas day, we will just have Christmas when I get home. Who says Christmas specifically lasts between 8am and 5pm? Do it early or late - the only way the kids will even notice is if a big deal over it is made

And because of this, I would suggest that OP informs her employers that she will be unable to work as she will be attending church. Religion is a protected characteristic and it would be very difficult to get out of that one.

That's not how it works. Having a protected characteristic doesn't mean that the employer has to accept anything you want that's related to that characteristic. It's only problematic if you can demonstrate that you're being treated differently because of that characteristic.

If everyone has to work at Christmas, then it isn't discriminatory to make Christians work as well, though I guess you might have a case if staff of other religions were always allowed to be off work on their religious festivals.

Actually if you are a Christian you should get the whole day off, not just the hours to attend church.

I don’t think there’s any legal requirement for that. Have you got a link to show otherwise? I don’t think Christians should get priority for time off (I am a Christian).

It is in more than 6 weeks. Cheeky fuckers. Don't let them walk all over you!