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?

Tbf how many childcare options do you expect to be open on Christmas?

So what? That's not the OPs problem, they aren't her children and not her responsibility. That's for their parents to sort.

go sick 2 days xmas before get a doctors note something wrong with the ability of your eye to focus is hard to diagnose and could be serious or not - gives them time to cancel someone else. The two with kids could cover for each other. I have kids as do colleagues their life would be hell if they pulled a stroke like this.

On the other hand are you doing anything on xmas day do you really give a toss -

"On the other hand are you doing anything on xmas day do you really give a toss -"

doodle01 RTFT - the OP has already said that she has paid out a fair bit of money in bookings

Two of them are flying overseas with their partners, and it would seem that their arrangements and money spent, are more important than mine. The others say they want to be with their kids, and there's no one else to look after them, and it's not "their turn" to work.

I am not going to give more details other than to say that I work in the medical field, but not in a managerial role. I do understand that Christmas must be covered, but I'm not taking the hit for it.

I worked New Year last year even though it wasn't my turn, to help a colleague who had been bereaved. I was promised Christmas off this year.

The others say they want to be with their kids, and there's no one else to look after them, and it's not "their turn" to work

Which do you think it is really? So you have any reason to think that they genuinely don’t have anyone to look after the kids or are they using them as an excuse not come in? The “it’s not my turn” must be infuriating-it’s not your turn either.

ReanimatedSGB let me assure you from experience that the sort of manager who thinks the only sort of private life is that of parents of dependent children treats men and women without children equally badly!

As others have said - OP’s colleagues’ problems with childcare on CD ate their problems not hers. One fine day there may be a National Childcare Service with provision everywhere, free at the point of use, 24/7/365, no need to book, just turn up. Until then don’t expect the people you work with to fill the gap.

From your updates it seems your manager has really fucked up the rotas - why have they signed off everyone’s annual leave if it’s not the other people’s ‘turn’ to work Christmas? If take the whole children thing out of it actually as that doesn’t seem to be the issue, your manager has made an arse of making sure there is cover.

Ooh this gives me the rage on your behalf so bad! What cheeky fuckers management are to try and push you into it!

Stay strong - I hope you get it sorted.

*Whilst it’s annoying, it’s not discrimination as ‘single and childless’ isn’t a protected characteristic. Kaytee

Do you have professional knowledge of workplace discrimination? Minerva*

I have, and it's not. It is poor management.

It is discrimination, undoubtedly. However, not all discrimination is illegal. As this discrimination isn't based on a protected characteristic, it is perfectly legal, but as others have said, it's very unfair and reflects very poor decision-making on the part of management.

So, taking the childcare part out of it, whose actual turn is it? Not yours, as you did it last year.
Those who've booked themselves a trip abroad? In which case, did they ask for time off first? If so, and they were granted it, that's a major cock-up on Management's part, as they should have confirmed staffing arrangements before allowing it.

Your update makes it even more unfair - I cannot emphasise this enough... put in a grievance

As others have said, it absolutely isn't discrimination within employment legislation but it is incredibly unfair treatment and incredibly poor management and you need to take this to a higher level!

In your case I would suddenly become a very devout Christian who found it really hard to work last year and only did it on the understanding that you would not have to work.

You might also consider a shift change for the Xmas period, so instead of 8 hour shifts covered by 4 people 8 people do 4 hour shifts or even 16 do 2 hours.

We work 24/7. I have to look at the people I line manage and work out who gets priority over Christmas leave. This is worked out solely on who has worked the previous 2 Christmas. I don’t take into account who has children etc. If you have worked the previous 2 you get priority, next priority is if you worked last year then if you worked 2 years ago. I will also make a decision on Christmas Day who can go early if we have capacity. It will be the same way of working it out.

I think this is very unfair and bad management

We had to put in our Christmas requests by the end of September some had already requested Christmas Day off

I’m a single parent I don’t think I should trump others if the issues of having Christmas off was that important then I would book the day off way in advance

If you think about it, these people have actually had a whole year to sort out childcare. By all means, work in any field you want, but then don't play the sympathy card and whine that your kids will miss out on Christmas with you once in a while. This is so, so unfair on the OP.

Op I’d suggest you talk to your manager you’re getting some shocking advice on this thread
One doesn’t suddenly turn Christian to get Xmas off.that'd be lying and your manager will know
And service needs still need to be fulfilled,balanced with staff preference/request

I line manage and work out who gets priority over Christmas leave. This is worked out solely on who has worked the previous 2 Christmas. I don’t take into account who has children etc

IME it's the only fair way of doing it. You still get whining, but at least it's been done with a level playing field

It's true that single/childless isn't a protected characteristic, but then neither is parenthood ... and some of the posts here show exactly why such a move would be a complete disaster for any workplace

In our office the same two have Christmas every year despite one colleagues child being 18 and last year he spent it with his gf not my colleague. We have three people in our office whose family are miles away (Ireland and Scotland), these people never get Christmas off because colleague with an adult child has worked there 20 odd years and is high maintenance. Nobody begrudges colleague with a 5 year old being off but the attitude of the other is shocking and selfish, we all have families and want to see them. These things should be done fairly

And service needs still need to be fulfilled,balanced with staff preference/request

Ops leave was granted. It's her then to be off.

HTH

Yes,service needs still need to be fulfilled,balanced with staff preference/request
so they all need to discuss with the manager,I hope it’s resolved satisfactorily
But no op can’t suddenly go religious.that would be lying and easily exposed

And service needs still need to be fulfilled,balanced with staff preference/request

Adding on the piglet service needs were balanced till someone decided that some else should have the OP's holiday.

Yes and now it all appears to be in dispute,hence the manager needs to resolve
And that resolution will look at service needs,AL requests made,and fairness
So as a group they need their mgr to resolve this