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"
...
"I work in a hotel"

Good luck OP. You are completely in the right. HR should be upholding the promise. And definitely raise a grievance about your dickhead colleague.

If it were me, I might consider working it (and I have kids*). In return for contractors' day rates. Which in my field would be roughly £2k a day. Otherwise they could shove it up their arses. 😂

• the whole point being that having kids is completely irrelevant to whether you get Christmas off!

If others (with or without children) have been allowed to book time off and pay for holidays without knowing that you had a written promise of CD off that's beyond disgraceful - but you still have the better claim. Stand your ground.

I really hope HR put him right. It’s disgraceful that he is picking and choosing who gets what leave.

Good luck Hip, your managers conduct is disgraceful

Since he's simply prioritised the option which will cost him less (lost deposit versus lost flights) you now know exactly how much the boss values you

Good luck with HR, but if they fail to back you and the "can't get childcare crowd" get their way they'll become absolutely insufferable, both now and in the future, knowing that if they do enough entitled stamping they'll get their way

I know you said it wouldn't be your preferred option, but personally I'd leave

OP did you report your colleague for abusing you because you won't give up your time off for her?
And I noticed she said she'll have to work if you don't. She didn't say it was IMPOSSIBLE AS I AM A SINGLE PARENT WITHOUT A FRIEND OR FAMILY MEMBER IN THE ENTIRE WORLD WHO CAN CARE FOR MY PRECIOUS OFFSPRING did she?
SO SHE CAN WORK.
JUST DOESN'T WANT TO.
Who's the selfish cow?!!

Good luck with HR and stand your ground!

Good luck with HR.

Make some notes and take in your evidence. You are being bullied. Can you get a copy of the grievance procedure?

Those that are saying no childcare- do they have partners?

Try and stay calm and factual op. Your boss sounds horrendous.

Can you follow up your conversation in writing? Confirm that you spoke to your boss and relay what was said? A paper trail is important.

I'll watch their kids op, I'm a child care professional and I love kids. As a favour to you I'll even charge my basic babysitting rate

What a knob! I really hope HR set him straight. Well done for sticking to your guns, OP.

OP your manager is an ineffectual prick.

Gherkinsnatch it’s illegal to stop staff joining a TU. plus you can do it so the subs are paid via direct debit so they would never know. They might not officially recognise a trade union but that doesn’t mean staff can’t individually join one.

I would check out the law with this one, your employers may have more of an obligation to give people with young families (children under a certain age) time off for Christmas. I don't necessarily agree but you don't know whats been going on behind the scenes. It would be much fairer to work out a system over so many years with all of the workers having to work public holidays. I would be writing suggesting that and asking them to review their decision. Say you have obligations too. But certainly look into the legal aspects. Look at your car or home insurance sometimes there is free legal advice added onto your policy. If not the CAB ?

Your boss is being a wanker, OP. How can no childcare, booked flights, and other people’s booked leave trump leave that you have booked and had confirmed to you in writing?!?!?

Hoping you come back to update OP. I'm fuming for you!

None of those people (or at most, only some of them) should have booked flights or had leave confirmed if yours was already in the book as agreed.

This is so unfair!!! Please don't let it drop. But be prepared for more vitriol from those with kids. They're going to be hopping mad and blaming you (not saying they're right to do so) if the ball is thrown back into their court by people higher up the food chain.

But be prepared for more vitriol from those with kids. They're going to be hopping mad and blaming you

I agree this will likely happen (clearly the woman who abused the OP over her lunch hasn't heard the phrase "you catch more flies with honey").

I would be simply saying calmly each time "I'm sorry you feel that way, but this is something you need to take up with useless twat our manager

I would check out the law with this one, your employers may have more of an obligation to give people with young families (children under a certain age) time off for Christmas.

No they don't. Show me a law that says people with young DC are entitled to Christmas off.

If as I have been told, that not showing up for work would be construed as gross misconduct, lack of childcare given as a reason by a single parent, might be grounds for unfair dismissal. On the other hand it might not be because they are being given ample time to sort it.

The fact I had paid a deposit for something, would not be grounds for unfair dismissal because I have been offered it back, with some compensation.

I think my boss knows this. Just finished my lunch - off to speak to HR.

Good luck OP. I would just tell HR bluntly you won’t be in on Christmas Day having made plans.

Remember the law about your holiday entitlement OP when you speak to HR...

I work in care, we provide a 365 day a year service to older people who are vulnerable, good attendance at work is a necessary requirement. We pay for HR advice from a large specialist HR company who advise us every step of the way on HR matters including absence. If one of our staff who has a hitherto good record for attendance is refused leave and goes anyway we are advised that all we can do is a written warning ( which is spent after 6 months) It is not a sackable offence and certainly not "Gross Misconduct" .

I am absolutely raging on your behalf, and a parent for what it's worth. I really hope HR stand up to your prick of a boss.

I am so shocked at the number of people on this thread who genuinely believe that having children entitles you to guarenteed time off of work over others.

Best of luck OP.

Good luck OP