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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this is discrimination

679 replies

Hiptrip · 11/11/2017 09:47

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 posts:
Hiptrip · 13/11/2017 15:43

Well to be fair it wasn’t the supervisor’s turn to work this year, and she believed she would be off work. The rota was done months ago, and everyone had access to it. Four people (including the boss) should be working because it is their turn, the rest of us should be off.

OP posts:
Bluetrews25 · 13/11/2017 15:43

Pleased with your positive result. But beware, as PP has said, I would also be expecting one or both to be off with depression and/or your working life will be made hell. You were right to fight them, and HR were correct in their ruling, but I doubt you will win the war in this situation.

RhiannonOHara · 13/11/2017 15:43

Good for you, OP. Interesting how quickly people will back down if they realise that strong-arming isn't going to work, isn't it?

TwattyvonTwatofTwatsville · 13/11/2017 15:47

Four people (including the boss) should be working because it is their turn, the rest of us should be off.

So the boss ISN'T working even though it is their turn?

How is that fair?

Hiptrip · 13/11/2017 15:49

Sorry didn’t make myself plain. Four people including the boss are rostered to work, the rest of us are off.

OP posts:
Hiptrip · 13/11/2017 15:50

The boss and one colleague are taking their turn to work, the other two are the ones who say they can’t.

OP posts:
OllyBJolly · 13/11/2017 15:51

Great news, Hip Well done on taking it further.

BakedBeans47 · 13/11/2017 15:51

Hurray OP nicely done! I am delighted for you. Enjoy your Christmas Flowers

Hiptrip · 13/11/2017 15:52

So even if that supervisor does go sick, there are others who can step up, not just me.

OP posts:
Rufustherenegadereindeer1 · 13/11/2017 15:53

Thats great hip

Merry Christmas Wink

RandomMess · 13/11/2017 15:56

So one of the two is in dire straits so she should have been asking for a swap with someone since the rota came out or possibly even earlier as soon as she knew there was an issue for her this Christmas...

Holldstock1 · 13/11/2017 15:57

Well done OP, really pleased for you!

Danceswithwarthogs · 13/11/2017 15:57

My dh and I work in industry covering 24/7 on call including Christmas day... we accept we have to take it in turns and frequently miss out on elements of Christmas with the kids and miss out on seeing family further away... sometimes you just have to "do Christmas" a different time.

They presumably had enough notice to sort childcare. I suspect your colleagues are trying it on, I've never been able to use the excuse "no childcare" to manipulate the work rota and neither have friends/relatives who are nurses, midwives, police etc. you do these jobs, you suck it up and you have to be fair to colleagues, whether or not you or they have children.

Danceswithwarthogs · 13/11/2017 16:06

Sorry, I'm pages behind.... glad it's sorted Grin

GherkinSnatch · 13/11/2017 16:09

Score 1 against CFs everywhere Xmas Smile

HelenaDove · 13/11/2017 16:20

Your boss is an arsehole re. the shouting match OP Im glad HR came through for you Well done for standing your ground. Thanks

I too think she will be getting on that plane but that is not your problem.

I hope the entitled fuckwits dont give you a hard time and that you have a great Christmas

FitBitFanClub · 13/11/2017 16:26

I'm confused. Is the boss the same person as the supervisor who swore at you? Confused

BakedBeans47 · 13/11/2017 16:28

I think the boss and supervisor are different people

chocolateworshipper · 13/11/2017 16:31

Fantastic news OP - bloody well done for sticking up for yourself

Puzzledandpissedoff · 13/11/2017 16:32

OP Could I trouble you to walk on some ground so that I can worship it?

Only if I can join the queue ... Wink

Genuinely delighted for you, Hiptrip. I do agree they'll probably try to be unpleasant, but if it wasn't this it would have been something else unless you were prepared to constantly indulge them, which obviously isn't an option

It's too bad that some struggle to cope with the word "no", but that's their problem not yours

Puzzledandpissedoff · 13/11/2017 16:35

Oh, and if there's any real unpleasantness, remember to refer them to your manager whose responsibility this is ... and who I hope has also been slated for handling it so badly in the first place

VeganIan · 13/11/2017 16:37

Brilliant. Well done for sticking it to Cheeky Fuckers one and all Grin

I hope it all settles down now.

ElinoristhenewEnid · 13/11/2017 16:38

Really pleased for you but have to admit feel a bit sorry for the rude supervisor if it was not her Christmas to work and she has been forced to step in now.

The single parent who has a very good reason for not working should have made that clear ages ago to allow time for boss to make alternative arrangements and before supervisor booked her flights in good faith that she was not rota-ed to work.

FrancisCrawford · 13/11/2017 16:39

This reply has been deleted

Message withdrawn at poster's request.

FitBitFanClub · 13/11/2017 16:40

Ah, so the supervisor yelled at the OP because if she didn't take the rap for covering for CF parents with kids, she (supervisor) would have to do it?