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?

The supervisor still shouldnt have spoken to the OP in the way she did. Its also not the OPs problem that the supervisor didnt feel able to approach /stand up for herself with the boss the way the OP did.

Instead she decided to take the easier route by having a go at and bullying the OP. Not acceptable.

Even if the supervisor resigns, OP said there are others apart from her who could step in ... and anyway I don't think they'll be shovelling all the s**t onto the youngest, childless member of staff any more

Which sounds very much like a win

Well done, I’m glad you’ve got your Christmas off, it’s only fair. I also think the supervisor is going to stuff you in any way she can, beware, some people can sinkuprisingly low. Keep notes, dates and times.

Good luck, enjoy your Xmas!

Make sure you keep us updated at Christmas OP! I bet this isn't the last of it. Unfortunately I suspect your colleagues will be dicks towards you now.

I was thinking, you have one manager, but is there more than one supervisor? The other one is presumably rostered to be on duty, while this one is off? Not sure what difference it makes, mind you.

just a quick thought but any repercussions from staff members either management or floor level that isn't dealt with would be grounds for constructive dismissal.

The others won’t be giving me grief - I don’t think they care as long as it is not them that are working.

Two supervisors - one is in hospital right now, will be back in the New Year. That isn’t relevant because it wasn’t her turn to work anyway.

The other bitch has been recently promoted and no one really likes her. She earns a lot more than the lower grade workers, so yes she can be expected to step up.

Immediate manager is male, and his boss is female. I went over both their heads.

I’ll be keeping my head down and doing what I am supposed to be doing. Any more shit and I will shaft them for constructive dismissal and workplace bullying.

"She earns a lot more than the lower grade workers, so yes she can be expected to step up"

This is as i suspected.

good for you op enjoy your christmas!

Just finished reading the full thread. I am so happy to have read that you stir up for yourself and secured your Christmas leave! I hope for you there is no fall out.

Have a fantastic vacation!

Stood, not stir. That’s what I get for sneaking in a post while putting my son too bed😜

Good for you!! The supervisor should of stepped up straight away and as for your cheeky as fuck work colleague pulling the child care card!!

I do know that my employers have the right to cancel leave, although it's not in my contract.

If your employers' right to cancel leave is not in your contract, then they have no such to do so.

Refuse to work Christmas, and go on refusing. And ring the local press, radio and tv. Shit like this makes my blood boil.

I'm so pleased you stuck up for yourself and also pleased you got the desired result! Enjoy your Christmas. As for the other people involved, I do feel sorry for the person who had a holiday booked (who wasn't scheduled to work, right?) but i can't help thinking that he did that draconian rescheduling of leave to you so that he wouldn't have to work. That's simply not fair and clear HR agrees with you!

OP I was going to say make sure you have everything in writing.
Ask HR if you can have the transcript from your meeting (if one was taken) for your own records.
If there is any backlash, take note of each incident (time, date, who, what, when and how) and keep a log. If they try and subtly bully you out because you are now a ‘trouble maker’ you will be able to hand them their arses.

@ Geordie1944

Employers do have the right to cancel leave if they give enough notice. However, my argument was that why should it be me just because I’m single?

I’m off to work now and won’t be mentioning this again. I’ll just do my job and refrain from interacting with that supervisor unless I need to.

The HR took notes and will be giving me a copy of them, as I requested.

Jeez that was a long thread.

Glad you got it all sorted, ridiculous that it became about parents vs childless people.

I worked one Christmas Eve so my colleague could go and “get f**kinhg trashed” (her words) for her friends 30th. My kids would have been in bed and I remember how fun Xmas eve is at clubs so I was happy to volunteer for her. The manager however tried to force 6 other childless staff members to do it without asking those with kids, she herself could have worked. They all had plans and said no but it created a bad atmosphere. I was happy to fill in and get the extra money and leave all of the Santa prep for DP.

However 10 years ago as a single parent (yes with not one family member around or a DP, I think it’s more common than people think) I’ve had to say no to Christmas Day. It’s why I gave up nursing - not sure if I did the right thing as other than not being able to work one day out of 365 of them I was an amazing nurse.

So much misinformation on this thread. All this crap about constructive dismissal and what employers can and can't do. In the OP's case, the employer has acted unfairly and unwisely - none of what they have done is illegal and it doesn't breach any discrimination laws.

If your employers' right to cancel leave is not in your contract, then they have no such to do so.

Of course, an employer can cancel leave. The only exception is when it would not allow the employee to take their statutory leave in the 12 month leave year.

Under reg.15 of the Working Time Regulations 1998 (SI 1998/1833), an employer can require an employee not to take annual leave on particular days by giving the employee notice of at least the same length as the period of leave to be cancelled. For example, if the employee has booked a period of four days' annual leave, the employer must give at least four days' notice of cancellation.

Constructive dismissal is very very hard to prove legally. It really does not apply here, or most cases when it gets used on MN.

So glad you stood your ground and got it all sorted.
Well done!

I am really happy for you OP.

I am really lucky that I now work for a big company where we are all very well looked after, but I look back at some of the places I have worked where I was asked to cancel midwife appointments because a supervisor had subsequently decided they wanted the day off and a myriad of similar piss taking and I just took it.

Like Scappy Doo, I am enjoying your successful fight for justice and pretending that it is my victory too :-)

Well done Hip 👍🏼😊

Although quiet at work. My colleagues who were involved in this are the same towards me, although the supervisor is acting as if I don’t exist.

Outside of public hoildays there at least seven or eight of us in at work. We had a meeting this morning about other things, and at the end of it the supervisor asked to speak.

She started crying and asked if one of us would help her so she wouldn’t have to cancel her holiday. Her husband is taking the kids (her step kids) over to see their grand parents whether she can go or not, to avoid disappointing them. No one offered.

That’s what happens when you act like a bitch at work.

That’s what happens when you act like a bitch at work.

I agree, now she needs to reap what she sowed.

Well done for standing your ground.