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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
ButchyRestingFace · 13/11/2017 16:41

So she won’t be going to Italy with her husband and kids for Christmas, she will be working to cover the person who really can’t be here

Ah, doesn’t that news just warm the heart?

(I’m being serious for the avoidance of doubt)

🤩🤩🤩

BakedBeans47 · 13/11/2017 16:44

Yep I agree elinor the whole thing has been appallingly handled. Although the supervisor was wrong to shout at OP especially as there were lots of other people rota’d off not just op but she was the one expected to give up her holiday

AgnesNitt1976 · 13/11/2017 16:48

I'm a single parent who has had to work plenty of Christmases over the past 15 years.

I doubt very much that these parents are unable to find childcare. Plenty of notice to find someone.

I do not believe that being a parent should mean that you should get priority to have Christmas off.

LakieLady · 13/11/2017 16:53

Woohoo, well done, HipTrip! Your manager is an arse of the first order.
I also think that supervisor will be getting on her plane come what may, and that we she will have marked your card now, though.

Make sure you keep a record of every time she so much as looks at you in the wrong tone of voice from now on then. She sounds stupid enough to say something she will regret.

HelenaDove · 13/11/2017 16:56

Lakie has a good point. Keep a diary of things that happen at work from here on in.

manicmij · 13/11/2017 17:02

Why should you be penalised because others have childcare issues especially if you have leave approved in writing. There will no doubt be something in your employment conditions of management having right to change your hours without consultation. There has to be something in other people needing to make provision for their childcare without affecting your holidays or leave. Consult with HE.

BoneyBackJefferson · 13/11/2017 17:20

Congrats, Hiptrip. pleased for you. :)

FireCracker2 · 13/11/2017 17:21

So she won’t be going to Italy with her husband and kids for Christmas, she will be working to cover the person who really can’t be here
I'd bet my right arm she will.

ChelleDawg2020 · 13/11/2017 17:43

I'm glad you held your ground and that it has worked out.

Be on the lookout for any "comeback" whether it be official or unofficial. If you experience any negativity that seems out of the ordinary then make sure you keep a note of it - who, what, when, how it affected you.

It should never have come to the stage where it did, but I do have a tiny bit of sympathy for your manager - they would either get trouble from you or from the parents - they could not win. The only answer for them would have been rather provocative, to tell the parents who want time off to sort it out amongst themselves - one of them could look after the others' children, and anyone who wouldn't offer to do this would have to come in to work!

FitBitFanClub · 13/11/2017 17:49

What was the supervisor's response to this meeting? You mentioned tears from a couple of people.
I'm wondering what she'll come back with tomorrow, once she's talked to her husband and they've discussed cancelling their trip.

I know she was rude to you, but I can't help feeling a little sorry for her. It's not her turn to work, so she wasn't that unreasonable to book a trip away. And now she has to cancel - for the whole family, or miss being with them. That must be tough. I'm not surprised she was in tears.

whiteroseredrose · 13/11/2017 18:49

Really pleased to hear this. I don't work Christmas but I do work Christmas Eve when it's my turn.

OtterInDisgrace · 13/11/2017 18:52

Hmm, when did the Supervisor book her trip, though? It seems as if she wasn’t at all bothered that the OP would have to cancel her plans so I don’t feel too sorry for her. As was said, it’s part of her job to provide cover in such circumstances - not to make others stand in in her stead.

Notreallyarsed · 13/11/2017 19:18

I know she was rude to you, but I can't help feeling a little sorry for her. It's not her turn to work, so she wasn't that unreasonable to book a trip away. And now she has to cancel - for the whole family, or miss being with them. That must be tough. I'm not surprised she was in tears

She was only in tears when it was her own plans on the line though, she thought nothing of swearing at OP and being threatening about her job security! That’s unprofessional at best.

JacquesHammer · 13/11/2017 19:20

I know she was rude to you, but I can't help feeling a little sorry for her. It's not her turn to work, so she wasn't that unreasonable to book a trip away. And now she has to cancel - for the whole family, or miss being with them. That must be tough. I'm not surprised she was in tears.

She's supervisor. The responsibility ultimately lies with her. Not OP.

FitBitFanClub · 13/11/2017 19:31

Of course. I know that. But it still must be tough for her.
But I also agree with others; this may not be over yet. Bet her husband has an opinion on it all.

Florene · 13/11/2017 19:34

If the supervisor is always responsible for filling in for staff who don't turn up, then how does she ever get to book a holiday herself, knowing she might have to cancel at the last minute?

I don't think she should have shouted at OP or made it OPs problem. But she's entitled to annual leave too, and this isn't fair on her either.

HelenaDove · 13/11/2017 19:35

Its what shes paid a supervisor wage for. Fitbit

I bet she hands in her resignation.

Rufustherenegadereindeer1 · 13/11/2017 19:41

The supervisors where i work get 50p an hour more (actually I'm not sure its as mch as that)

I woukd definitely consider resigning

Not that its the OPs problem obviously

HelenaDove · 13/11/2017 19:43

Rufus thats shit.

Rufustherenegadereindeer1 · 13/11/2017 19:46

The more i think about it helena the more i think its 30p

Lets go for between 30p and 50p

And they wondered why i took a giant step back when i was asked did i want to be supervisor Grin

JacquesHammer · 13/11/2017 19:47

Bet her husband has an opinion on it all

I'm sure he will. Won't carry any weight at work though Grin

Florene · 13/11/2017 19:47

A supervisor's wage is for supervising. And not to be confused with having sold all your human rights to pre-booked annual leave.

I agree that if she is at work and someone doesn't show up, she steps into the breach to cover. But she should not be expected to be on call 24hr/365 day per year 'just in case'.

LoveProsecco · 13/11/2017 19:53

Well done WineBrewCakeStarGin

Sayyouwill · 13/11/2017 20:07

It’s a shame that the supervisor is now losing their Christmas and their money, but she should not have treated you how she did!
I’m really pleased you’ve got justice OP. Well done

FitBitFanClub · 13/11/2017 20:51

I'm sure he will. Won't carry any weight at work though

Not directly, no, but he might have an influence on her course of action re: pursuing it/resigning/whatever.