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?

fully familiar with their rights, wants, needs etc but are less familiar with their responsibilities to their bosses and colleagues.

My responsibility is to my company, not to any individual within it. If I am afforded flexibility due to the fact I am a parent, it is not my responsibility to make it right for my colleagues, that is the responsibility of my employer. It is my employer who pays me to do my job and my responsibility is to ensure that whatever flexibility I have, I always do the job I am paid for.

Op when does your holiday period run? If its January to December and cancelling your holiday will leave you unable to take your full holiday allowance they cannot cancel it

They would probably bend the rules if it suited them, and allow the OP to carry their leave into the new year, so they wouldn’t lose the days. Many organisations operate a “use it or lose it” policy, and also a ‘carry over’ bank of say 5 days to the next year. I’ve often been able to carry over holiday as long as it’s because they want a project delivered and closed off before end of the year.

As others have said, I think you should ask in legal, but fwiw this is my view...

I don't think 'business need' is intended to cover them deciding people with kids take priority even after you have been told you have been granted the leave, that is just unfair treatment.

And while what they have done is not discrimination against a protected group, employment law says that employers must treat people fairly and consistently, and in this case, they seem to be treating people with children a lot better than you.

'Business need' would be if they cancelled your leave on the day because a parent had been scheduled to work Xmas day couldn't come in on the day, due to a seriously ill child, and the business would suffer badly without someone, and you were the only suitable person they could use.

But there is still plenty of time for them to make an alternative arrangement now, and I don't think they can just say everything they want to do is 'business need'.

But where exactly are people supposed to find childcare on Christmas Day? DH and I live 100s of miles from family. Our babysitter wouldn't want to look after our kids on Christmas Day

You've said it right there - DH and I - so if you have to work then your DH does the childcare, and vice versa. The ONLY situation where the Childcare excuse is half reasonable is in the case of a SINGLE person who's entire support system is either non-existent or lives hundreds of miles away.

Lots of people missing the point.It's 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

Nope you are the one missing the point. That isn't the OPs problem.

It sounds very unfair to me and I would put your points in writing to your line manager and ask them to rethink. If they se you are determined they might rethink.

To all those saying that she should step down for parents of children I would respectfully disagree. My dad worked Christmas Day as often as he could when I was a child as we were hard-up and he couldn't afford to turn down the overtime. Our Christmas dinner was just as good eaten in the evening and our stockings and presents were as exciting on Christmas Eve night and Boxing Day respectively. So much so that we continued part of those (necessary) traditions with my DC and have Christmas spread over 3 days rather than cramming it all into one day. Children will remember atmosphere and presents and surprises and fun, not whether it was celebrated on the 24th, 25th or 26th of the month.

So because we chose to have children, someone who is childless should just cover for us at Christmas..get up go to work come home tired, no Christmas for them? They're not "special" enough as they don't have children?

Have you taken it on yourselves to arrogantly create a work contract clause "part of working with us means people with children come first?".

"Be considerate" is crap. If the person you made the children with is unable to be "considerate" then you've got parents, or in-laws, or siblings, or friends who can step in for 1 day. Who do some think childless employees are, their stand-in partner?! & I bet some have partners but rather than get him to cover so they can work, they've got the fallback colleague haven't they?

Liberties. What a shame you hadn't an overseas holiday booked OP. I bet they'd soon have got their arse to work for fear of losing job

Phone in sick, don't just not turn up.

I would move Christmas Day to another day, if I had to work (worked for a few years in the entertainments industry, 365 days open) and yes, did celebrate Xmas on another day with my family a few times. But there were no children involved, so not the same. Those of us who were childless (most) were happy to let the (few) peope with kids take the time. We did always make sure my asst got Xmas off as she was very young and her family would have missed her.

I do think that it is taken granted that if you’re a parent you go to the head of the queue, and that seems totally unfair. You can make another day magical, you know. Be inventive.

If you are fully single parent, with the DCs other parent not in their lives at all, with no family or friends who'd have your DCs join them for the day/part of the day on Christmas day or other bank holidays/weekends, then a job that requires shifts 365 days a year isn't the right one for you. If not christmas day, it could be any other bank holiday or Sunday or any other non-Monday-Friday, 8am-6pm working day when they become unstuck.

I know woman who are single parents (no exP involved) who have moved from NHS roles that are hospital based (and changing 24/7 shifts) to picking more office hours roles, purely to avoid such issues. Waiting until November to suddenly realise your career doesn't fit with your family committments and try to avoid doing the bits that you should have realised was an issue 6 months ago is shitty.

If you don't have anyone to have your DCs on Christmas day, not a DP/H, not an ExP not a parent or PIL or sibling, or close friend, this is an issue you knew about a looonngggg time ago.

ElizaBenson

I really don't see how anyone can argue with a single word of your post, there really are some entitled people here. When did all this never disappointing children start. Children can cope with a minor disruption to their lives like not having a parent around for Christmas day.

I dont work as i live in a state pension household.

Im childfree by choice and teetotal and im particularly loving the assumptions that childfree/childless ppl would love to have NY off so they can get pissed.

OP its disgusting the way you have been treated and im glad you are reporting your colleugue for her abuse of you.

Hey, sorry your manager made a decision you dislike. Yes, it does sound unfair. However some have suggested that you file a grievance or make hell about it - here’s my 2 penny’s: bad advice. If there are only 12 of you, a grievance process is likely to be fairly immature and will only go to your manager or their boss. It’s going to land like a lead balloon. So if I was you, I’d ask my manager out for coffee and explain how the decision has made you feel undervalued and disrespected as you did work last year. Just be mature and factual - rather than emotional and ask them to reconsider. If they can’t and you’re not able to agree a compromise then it sounds like finding a new job would be highly advantageous in the new year xx best of luck xx

YANBU, Op. I'm really lucky that my workplace closes over Christmas as I am childfree and would be really upset to be told I had to work Christmas because I was single and childless. I think the way you have been treated has been disgusting. I think your work colleague has shot herself in the foot as hopefully you will never do her a favour again.

And I agree with a pp that not all childless people want to or will be getting pissed at NY. Going out on NYE is my idea of hell.

My niece is on call over Christmas day for the second year running. She was told that she has to do it as the other managers either have children or live too far away. I don't think either of those situations are her problem.

OP, I would have thought that the colleagues who were originally restored should be threatened with disciplinary action if they fail to turn up for work. Whilst employees have to be allowed time off if their childcare fails at short notice, using lack of childcare as an excuse is not acceptable.

rostered

I'm not a manager, or a supervisor. It's their job to be covering Christmas if that is what is needed, they are getting paid more for it. I don't give a shit that my immediate supervisor has booked to go overseas to see her family and I will be telling her that tomorrow. She makes the staff with kids who are supposed to be working do their shift, or she covers it herself.

I was the first to ask for Christmas leave off earlier this year. I was given it, and have written proof of that. I am off Christmas Day and Boxing Day.

Good luck, OP. That all makes perfect sense.

No unions here

People honestly don’t join unions? There are all kinds of unions, you don’t need a job specific one, UNITE will still provide you with support.

IDSneighbour “An adult with a family can get up on Christmas Day, watch his/her children open their presents and have fun, go to work and come home to a Christmas Dinner with their family and a fun, family evening. *“
*
I don’t know what hours you think shift workers do but in London nurses work 13 hour shifts so my DD (who is working this year) will leave her home at 0630am for 0715 shift and be home again 2100 barring emergencies developing. Doesn’t allow a great deal of time for watching children opening presents or for that fun family evening! Most nurses will be shattered after 13 hours on their feet and will go straight to bed as usual.

If I could, I'd be tempted to cover for a single parent to spend Christmas with their kids, as I would for a (liked!) colleague who had a similar responsibility such as being the only carer for an elderly or sick relative, but other parents can take the hit now and then, unpleasant as it might be. (TBH personally I would find it much worse not being at home for Christmas since having kids, but that's not to say parents have a right over others to get leave st Christmas.) As you say, OP, there is always the option of not turning in, but why should it be you who has to do this? I think the situation sounds unfair to you.

Originalfoogirl

And in this case it is the duty of the employer to ensure that all staff are treated fairly and not shit on by parents that refuse to work their contracted shift.

Hunter ive never been a lover of NY Ive always found it quite melancholy.

Hi Hiptrip
That does seem out of order especially as you have it in writing and do the other colleges need childcare, especially at christmas, no partner or family??, anyway everyone can understand that they want time off with children.
my advice would be to collect the information you have together, get a copy of your contract and if possible photocopy the part in the staff handbook and go and see a solicitor, any further correspondence do it in writing, dont do anything until you have advice.
you can find a solicitors via Solicitors or law society
Try not to discuss things at work with others, these things have a habit of escalating, and you may end up staying.