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?

Religious needs have to be taken into account. It does not mean that you will automatically get it off, but your employer should seriously consider it.

"The Employment Equality (Religion or Belief) Regulations 2003 prohibit direct and indirect discrimination on the grounds of religion or belief. There is no express right for employees to take time off for religious purposes, as employers do not have to grant requests if they conflict with operational needs, but employers do risk liability for direct discrimination if they refuse to grant leave because of the employee's religion or belief. They also risk charges of indirect discrimination if they have company rules or practices that are disadvantageous to employees of a particular religion or belief and which cannot be justified for other reasons."
www.theguardian.com/money/2003/dec/01/careers.jobsadvice

My last job had a woman who took this to the next level. NHS so 24 hours a day, 7 days a week. She used to claim as a single parent, she couldn't do the overnight shifts or weekend shifts because of childcare.

Every Friday night however, her DC either went to her mum or her ex's mum and she picked them back up at tea time Sunday.

Facebook was her downfall in the end when she pushed everyone a bit too far!

MinervaSaidThar my response is that I agree with thecatspaws that Christmas is more magical for children. Adults are grown up enough to celebrate at a different time if they are working. A child with a single parent who has to spend the day without their parent is really a lot more sad than an adult working and being alone.

No special privileges. And I say that as a parent. Once the company announced that those who were off last year would work this year it was the responsibility of those employees to find childcare and not wait until the 'last minute' and use it as an excuse.

Re some of the comments regarding 'choose a career where no holidays are worked', it may sound silly to some but that was a large part of my decision to follow the career I did. I specifically chose an office based career in which I knew I'd have weekends and holidays off.

The only 'bone of contention' for us was Xmas and NY Eves and it was done equally regardless of child status based on who was off the previous year. AND no one was allowed to put pressure on anyone else to 'cover', it was a disciplinary offense to do so. There were some who would quietly volunteer to work by informing management and it was up to management how they handled who was then allowed off.

Stick to your guns, OP.

But it is not up to management to decide between competing personal lives. There should be a rota.

Trueheart A child with a single parent who has to spend the day without their parent is really a lot more sad than an adult working and being alone

So you can read the minds of every child and every non-parent adult in the world? What a gift you have there.

Hiptrip,your logic of don’t work jobs that require public hols if you’re a parent is flawed
NHS,social care,hospitality,retail all open public holiday and staffed by parents
You see folk usually establish career/job choice 1st and then kids follow
What do you suggest change jobs?

It depends what they were doing surely?

No. Because who gets to decide whose desired activities 'win'? Who gets to decide if a person with a five-year-old is more important than a person with a seven-year-old? Or if a person with a child needs Christmas Day off more than a person with a parent or other loved one for whom it is their last Christmas? Or if a family with a child who want to go to Cornwall for the holiday need the time off more than a family with a child who want to go to Scotland?

It is very slippery slope once you start trying to say that Person A's plans or desires for the day are more important than Person B's. The ONLY fair way to manage leave over holiday periods is for everyone to take their turn. Oh, and not to guarantee in writing someone's time off and then rescind it.

Steeley. Well I'm afraid that's your problem. It shouldn't be made into somebody else's.

I mean you could just be considerate of those with kids OP. I worked Boxing Day before I had kids, so that those with kids wouldn’t have to

This comment is unreal. Op I am annoyed for you and think you should complain to HR explaining that you
Also have a family.

But you did it last year. and your leave had been granted.
What is their policy? My DH works in care and they take it in turns.
If you feel discriminated against, I think pursue it in writing so that there is a record. Nowadays though, management by intimidation is rife and if a group of you can get together and make a collective complaint then you'll be in a stronger and safer position.
So sorry to hear you've been treated like this.

I know you’ve said you like your job but is this really the type of place you want to work for? I obviously know nothing about what you do but I don’t think I could stand it.
I wouldn’t go in op. I hope the woman who had a go at you gets disciplined. Can’t get childcare just translates to ‘really don’t want to and feel no guilt over you’.
I have kids btw. I think it’s a dick move by your colleagues.

A couple of thoughts

1/ check your contract and see if they have a list of reasons for cancelling your holiday, for some firms it will say something about business reasons, and another persons childcare issues won't fall in to that catagory

and

2/ look for somewhere else to work preferably with your last day being the day before you were due to go on holiday and your first day back being in the new year.

The fact that your colleague has said if you don’t work it she’ll have to tends to suggest that she does have childcare she just can’t be arsed.

I agree with the poster upthread who said this is all down to ineffectual management who can’t stand up to these entitled dicks. No wonder we working parents get a bad name as we are all tarred with the same brush as the piss takers.

...they've had a year to sort out childcare and they couldn't? I smell bullshit.

I'd be just as pissed off at the way they've done it aswell. And I think you're being discriminated against, you're not being treated equally are you. And guess what's going to happen next year I Wonder???

I used to work in an office which needed cover over the Christmas period, and it was pretty fairly done everyone knew you got a year on, two years off, no messing about, fair for everyone. Change of management, now my childless friend seems to end up working every Christmas because her so called colleagues/friends go whinging to the manager every time about having kids who have a right to Christmas, having promised my friend again and again they will work next Christmas. It's not fair and it's not a nice way to be treated.

I have children by the way, and I STILL think OP has been treated very badly.

A child with a single parent who has to spend the day without their parent is really a lot more sad than an adult working and being alone.

Glad you can mind read as to exactly what people feel. That's some talent.

The smug entitled attitude of some people on this thread gives me the rage. Having children is YOUR choice and that choice does not mean the world revolves around you. Therefore when it comes to holidays do not assume that people without children should drop everything to cover for you because you feel you and your children have more rights than anyone else. Everyone has the right to be treated equally and the situation that the OP finds herself in is in no way fair or equitable. OP please stick to your guns and don't let your spineless managers walk all over you and report the nasty bitch who had a go a you to HR. Why should her childcare issue be your problem.

MinervaSaidThar my response is that I agree with thecatspaws that Christmas is more magical for children. Adults are grown up enough to celebrate at a different time if they are working. A child with a single parent who has to spend the day without their parent is really a lot more sad than an adult working and being alone.

Trueheart OP hasn't said her colleagues are single parents.

Do you really an adult on their own can get their family/friends to change their plans from Xmas day to another day?

I would ask for it as Religious Observance. That's a difficult one to refuse.

No, an employer has to look at needs of service/business.they can refuse
One cannot expect xmas off due to religious observance.

"Christmas is more magical for children."
What on earth does that have to do with this problem?
People took a job knowing that they might have to take a turn working over Christmas.
Now they're saying they do what they signed up for and that having children somehow excuses them from having to.
Well, take the dollar, pay the price.
And if you have a genuine, insurmountable problem, verbally abusing the people you're asking to pay it for you probably isn't the best approach.

Sorry, try again:
"Christmas is more magical for children."
What on earth does that have to do with this problem?
People took a job knowing that they might have to take a turn working over Christmas.
Now they're saying they can't do what they signed up for and that having children somehow excuses them from having to.
Well, take the dollar, pay the price.
And if you have a genuine, insurmountable problem, verbally abusing the people you're asking to pay it for you probably isn't the best approach.

This is outrageous.

My hubby works a 365 job, and yes he would like xmas off. (He normally gets it, but it mean he always works New Years)

IF however he had to work, it's not the end of the world. The kids would still be with me, and our families. & we would probably have our family Christmas celebration on a different day.

I find it very hard to believe that every working parent where you work has not got a single option for childcare.

I would definitely be looking for some employment advice as this is surely unreasonable. Not having children does not make you any less entitled to have holidays at home than those who do have children.