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?

OP I think you would have a strong case for constructive dismissal providing you can try and get something in writing which indicates why you have had your leave cancelled.
I would email my boss and ask why you have been selected to lose your holidays. Keep asking for a reason until you get one.
Get yourself on some legal websites and get some of the jargon at the ready so they can see that you’re serious and not just throwing a strop.
It’s completely ridiculous.
I work in a hotel. I used to manage a department which operated 365 days, 24 hours a day. When I had my children I swapped departments. I took a step down but now I don’t work public holidays so I’m never in this position.
My team in my old role however were awful for doing this. One lady in particular used to always use her kids as an excuse for not working evenings, weekends, public holidays etc. She’d be late and leave early behind my back and blame it on childcare. Thing is I caught her out so many times but I couldn’t sack her as my boss felt sorry for her and basically protected her. I refused to let her have Christmas Day off 2 years in a row and she put in a grievance about me. It was more or less ripped up for being ridiculous.

I used to look at my rota and those who had Christmas Day off last year would be on the list of possible staff for this year to work. I would also ask staff to choose whether they would prefer NYE or christmas day off work. If they had xmas day off they would work xmas eve and Boxing Day, if they had NYE off work they had to work NYD. Worked well for us!

Op you need to discuss with mgr.the sofa solicitors aren’t giving good advice

If there is a policy here that you have to have young children to have CD off that’s got enough savour of indirect age discrimination to make management think better of it.

You said upthread how much you love New Years, but you're working it this year anyway because it's your turn... do you love it more than Christmas?

I was just wondering if you could agree to work xmas if someone else covered your New Year's slot?

(Obv ignore if you prefer xmas off to New Years)

Are you not allowed to have a fair crack of the whip or have a happy time with friends and family because you are single? It sounds like everyone is trying it on here - why not get some advice (CAB?) as it sounds as if management are making it up as they go along; you have agreed leave, and they are telling you that you will be disciplined if you don't cancel it. What???

lannie op has already said that she has booked a holiday abroad for Christmas.

I take that back she's not going abroad- wrong thread

She has arranged to do something which she has already paid out for though.

OP I think you would have a strong case for constructive dismissal

Absolute nonsense! Where has the contract of employment been breached?!

People on here are too quick to shout constructive dismissal or discrimination when they know fuck all about either.

The OP doesn't have to explain to anyone what she's doing at xmas. That is totally irelevent.

Her place of work at treating her totally unfairly.

What would happen if half the staff on duty had the lurgey over xmas - they'd have to have contingency plans in place.

Have Christmas another day. It's not as if anything special HAPPENS on that arbritary date. In fact, most stuff DOESN'T happen. And be the office hero.

I don't know what industry you work for but I had a parent who worked 12 hours shifts and was often required to work Christmas Day. Even with that length of shift I still got to see him as on Christmas morning as I'd be so excited I'd get up at about 6 to open my presents. He would be back home before I went to bed too.
It never bothered me that he wasn't there in the day.

Unless there are exceptional circumstances, (and single parents with absolutely no support are not as common as some people on this thread are making out) then I don't see why a parent having to work Christmas Day is a problem at all. I don't think the child will be half as bothered as you think. Kids are naturally quite selfish, as long as they've got presents they will be fine!

Have Christmas another day. It's not as if anything special HAPPENS on that arbritary date. In fact, most stuff DOESN'T happen. And be the office hero.

Why should the op “be the office hero?” She asked for the time off a year ago and it isn’t her turn.

If you are of an age where you are less likely to have children, you could possibly claim indirect discrimination relating to age.

*Absolute nonsense! Where has the contract of employment been breached?!

People on here are too quick to shout constructive dismissal or discrimination when they know fuck all about either.*

I like how you assume people know fuck all based on a couple of lines of text.

Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct. This applies here.

I may be missing the point, but as someone with no children could you not do Christmas Day and tell them you expect to have New Year’s Eve and New Year’s Day off.

How is being denied Christmas Day offforcing her to leave her job? Being forced out is sonething like extreme bullying or building a massive floght if stairs where the lift shaft used to be when the employee is in a wheelchair.

exaltedwombat People without children may plan to get together with fairly or friends who are themselves able to meet because it is 25 December and they are not working. That's what happens and is special on CD.

Be the office hero? That might do if the OP had not made plans and committed herself to them. The office hero is a volunteer, not a conscript.

Stick to your guns OP. You booked the days and were given them. They're yours. Your colleagues with children have six weeks to solve their own problems.

And once you leave on the last day you are due to work before CD - filter all calls to your landline and your mobile. Ignore them if they are from the office. If management have your private email address set up an out-of-office on it. Don't let them find you.

And be the office hero.

Yeah, or be the office doormat more like. Those who havent worked their share of Xmas should do it - spawn or no spawn.

@Ttbb they are extreme examples.
OP has already made plans for her pre-agreed time off. She has basically been forced to choose between her life outside of work or her job therefore putting her in a very awkward position. She will be forced to suffer a financial loss as a direct result. There is no reason other than someone claimed to have no child care and instantly OP has not been treated fairly or valued the same as her coworkers. She could very well lose her job if she doesn’t comply and it is unreasonable. She has booked annual leave which she is entitled to as part of her employment contract. She may not be able to reschedule her leave within the allotted time (mine, for example, run Jan-Dec)

If you worked where I do, I’d swap with you in a second!

I’m Pagan so the 25th of December is just that to me, the 25th, just another day, I do celebrate Yule but if I have to work on the 21st/22nd then I have to work, I don’t make a fuss

I work in retail and we have been open on the 25th before, but not this year, I’ve told the boss that if ever she decides to open again then I’d be the first to put my name forward. My DC are grown up now, but even if they weren’t I’d still volunteer

Are you in a Union or anything? Not Xmas related, but I know how it feels to always be the go-to whenever anyone phones in sick or whatever

We have to work xmas eve or boxing day, NYE and new years day..to keep it fair

There is one woman who constantly says she would be happy to do NYE and new years day as long as she can get the other two off

Well the vast majority of us would like to do that

For most of us Christmas day is nothing whatsoever like New years day

Lots of people missing the point.It's not a case that people with young children deserve to have xmas off more, it's a case that if they have no childcare they cannot work .The length of time they have to sort it out is irrelevant if they have no one to take the kids. (They may not live near extended family or their DH might have to work)
So what do you propose management do? If they sack the parents who say they can't work, it still won't help you will it?

YANBU OP, that is disgusting.

I am working Xmas Eve night shift. That means I will have to spend a lot of Xmas Eve sleeping and miss the exciting stuff my kids love doing on Xmas Eve evening. I will come home Xmas morning, be there for opening presents then go to bed and try to get some sleep. I'll miss the majority of Xmas Day. I still have the evening though.

My children would really love me to not be working but that isn't possible. Many of my colleagues have grown up children, some have none. I would never expect them to cover my shift just because my children want me there all Xmas Eve and Day. It's my turn to do this shift and when I took the job I knew there would be years where I would have to work over the holiday period.

To think you have a right to Xmas off simply because you have children is selfish, disgusting behaviour.

It's NOT a case

OP totally agree with you, I seemed to always get shafted with the bank hols and working xmas and new year (previous employer not present) because I dont have kids. Just because I dont have children doesnt mean I am any less entitled to a fair chance at getting leave during bank holidays or other festive times. I would tell your manager your taking it further and get on the phone to HR.
I am sick of this 'entitlement' because you have kids when it comes to getting special treatment for having time off. Fair is fair you book it first / however your employer rules you get it. End of. They are your children deal with it. We work it on if you have last year then you dont get first dibs you go on a waiting list then 6 months before a whole staff email goes out and last chance is given to those who want it. Then if no one takes it goes to the waiting list.