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?

If you choose to work in an industry whereby Xmas working is expected then expect to work it.... pro rata with your colleagues! Having kids or a sick dog does not release you from the responsibilities of your job. It isn't fair that OP or anyone else who's turn it is to spend Xmas off (regardless of how they are spending it) have to pick up the slack for people playing the childcare card!!

People honestly don’t join unions?

No, they don't any more which is very unfortunate - and why individuals have so many issues at work. People don't join because they grudge the subs or don't like their local rep. However, the second there is any trouble you have access to very well qualified, knowledgeable expertise. In fact, I find workplaces with a union usually has a management who put a lot more consideration into action because they know they'll be held to account by the union.

However, the second there is any trouble you have access to very well qualified, knowledgeable expertise.

Unfortunately this isn't always so.

I concur Boney.

As more parents work and life is now more of a 24/HR thing this will happen more and more.
My work is changing hours - to ones I cannot do. If my manager doesn't want me in the hours I can get childcare for then I'll leave.
It's a difficult one as it's an industry where we suffer shortage of skills. Nursing.

This drives me mad.
I hope you give your boss hell today OP.
I wouldn't back down.
You have plans, so tough.

Good luck today OP.

Hiptrip

Good luck today and please come back to give an update

Also forget feigning illness as that would just trigger an investigation for disingenous absence.

They could investigate all they want, they won't find proof that you did not have some kind of bug. Unless OP went out on the piss with colleagues or posted a bunch of photis online of what she had been up to?

Not suggesting ringing in sick if not sick, but they cannot really prove that you weren't sick. Even if they suspect it.

if you choose to work in an industry whereby Xmas working is expected then expect to work it.... pro rata with your colleagues!

^^ this.

Being a parent doesn't trump anyone else's wish to spend Christmas with family or loved ones.

Your colleagues need to stop playing the 'but I have kids!' card and take their sodding turn.

Good luck today OP.

My boss has always made a request of us, if we are not happy with something, see him before we go outside the department.

Fair enough.

However, I’ve had a word with him and it turned into a shouting match. Apparently no childcare, booked flights, and other people’s booked leave are more important than me. He has offered to reimburse my deposit for the Christmas lunch I booked with friends, and a bit extra.

I’ve said I don’t want it, I want my booked time off. I won’t back down on this because I am like that so I am going to HR later today and will update you all tonight.

Are any of the colleagues who are claiming 'no childcare' single parents?

If not, I can't see how they can make that argument!

If they are, unfortunately I can see them playing that card, regardless of whether they have relatives who can have the kids.

Nice manager BTW!

WHAT you manager sounds unbelievable, I have a child and managed to get xmas off this year ( we get boxing day xmas anyway) but the wanted a few days after xmas to help with childcare. I was able to get it off this year, so I expect next year I won't as thats Fair. Just because I have a child doesn't mean its my right to hog every holiday !!!!

My partner works shifts and he has to work xmas day, but luckily he managed to change is from 1-11 to 4-11 so he can atleast have early lunch and see DD open gifts. Manager is showing blatant favoritism and is not acting professional. Speak to HR and also join a union!!!

Me too, Helena. Op, good luck with HR.

If the OP works in healthcare this probably won't be the case, but some employers don't allow their employees to join unions. I worked for Sky for a while and union membership isn't recognised by the management.

Im behind you 100% and have kids. My parents used to work xmas every year and we all fitted around it just fine

I have trouble believing they genuinely have no childcare options. Bastards.

Best of luck OP. I really hope HR are sensible about this. If there are 12 of you and four are needed to work over Christmas, then you can fairly expect to work one in three years. You worked last year, so you should be off this year and next.

Let us know what HR say. You must feel very let down by your boss.

You're quite right to escalate this and not back down: you applied for leave first and had it confirmed in writing so you should be the last person in the office asked to work over Christmas. Bit unlikely that all 8 of your remaining colleagues take precedence over you.

so som of them actually bookd holidays knowing u already had th time off?

unbelievable

That's ridiculous! Good luck with HR.

@GherkinSnatch if enough people join then a union has to be recognised by management by law. In addition it’s your legal right as a worker to join a union recognised or not. To block union membership or to discriminate on the basis of union membership is against employment law, yet so many companies still try and do it. It’s disgraceful really.

@Hiptrip good luck with hr, it’s good that you spoke to your manager, even though he completely let you down, it shows you tried to be reasonable in solving things informally first. Let us know what happens!

How can "other people's booked leave" take precedence over the leave that you booked and had confirmed?

That's appalling!
I hope you get somewhere with HR.

Horrible situation and I hope meeting goes OK - but sorry that there are bound to be bad feelings in team whatever. Definitely bad management and your leave shouldn't be cancelled.

One of my previous jobs worked on a first-come, first-served basis but Christmas period (not even C-Day) was an exception and if you had it off one year would be expected to work it the next. Everyone respected that.