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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:
PurpleDaisies · 11/11/2017 10:31

You have the choice to work somewhere which doesn’t give a crap about people with families.

I have a family.

manicinsomniac · 11/11/2017 10:31

missyB1 - out of interest, how did you manage on years when you were working Christmas? I'm also a single parent with no nearby family but I'm a teacher so have never had to think about it. It must be an absolute logistical nightmare! Are you allowed to take them with you??

Hiptrip · 11/11/2017 10:31

Where in my original post do I mention getting pissed up OrignalFooGirl?

OP posts:
Originalfoogirl · 11/11/2017 10:31

*Because that’s all peopldcworhout children do with their Christmas time off? What an utterly pathetic comment. biscuit”

The point was, everyone has reasons why Christmas is important to them. And if it is, to the point where you throw a tantrum if you have to work it, go work somewhere where you get Christmas off. Thanks for the biscuit though, I’m starving.

BoneyBackJefferson · 11/11/2017 10:31

Lelloteddy

She is suggesting that you sort out some sort of child care as you have had 365 days of the year to do so

Whinesalot · 11/11/2017 10:32

Do you think you'll keep your job?

BadLad · 11/11/2017 10:32

Try posting in Employment Issues, OP. There is a very knowledgeable poster whose handle is flowery who will know this kind of thing.

BoneyBackJefferson · 11/11/2017 10:34

The problem is that it is always the same.
can someone cover for X she has to go to a parents evening/kids show/assembly etc. think of the joy it will give her child to have her there.

I stopped doing it when those that had kids reneged on the deal that we had with management to give certain single people Christmas off. (yes, I was one of the ones promised Christmas off)

ShatnersWig · 11/11/2017 10:34

Lello A child does not NEED to see both parents on Christmas Day. It may WANT to. It will not die. Besides, I don't have children myself but I am a child to my parents. How does that work then?

RaptorInaPorkPieHat · 11/11/2017 10:35

I'd not give up just yet. I'd reply in writing along with a copy of their letter from last year promising this Xmas off.

I'm all for being kind and helping people out etc but sometimes other people will just see it as a weakness and exploit it.

TheCatsPaws · 11/11/2017 10:35

A child does not NEED to see both parents on Christmas Day. It may WANT to. It will not die.

How inconsiderate.

IDSNeighbour · 11/11/2017 10:36

THe needs of a child will ALWAYS trumpthe needs of an adult. One of the most basic premises of a civilised society. Or so I used to think

Completely disagree with this. No person's needs automatically trump the needs of another. It completely depends on individuals and circumstances. People have to be able to make their own judgements within those individual circumstances too.

And I think it's often the case that it's the parent that is desperate to spend Christmas with their child, not the child with the parent.

diddl · 11/11/2017 10:37

So these 2 colleagues are either single parents or have partners who need to work at Christmas?

Did either of them also work last year?

PurpleDaisies · 11/11/2017 10:37

And I think it's often the case that it's the parent that is desperate to spend Christmas with their child, not the child with the parent.

Absolutely agree with this.

Hiptrip · 11/11/2017 10:38

I have to speak to a solicitor on Monday, but I believe that you have to have three warnings on the same subject to get fired? I never had a disciplinary in this job, and get good appraisals.

OP posts:
DJBaggySmalls · 11/11/2017 10:38

You can talk to ACAS, you have it in writing. Your employer probably needs to hire a temp.

But the comments about how parents should find childcare over Xmas or dont take that job are ridiculous.

ShatnersWig · 11/11/2017 10:39

Cats No more inconsiderate than people who think the fact that they have a child gives them more right to time off than those who don't. Last Xmas was the last one I had with my grandad who was terminally ill. If you'd tried to tell me I was being inconsiderate by not working Christmas Day so that you could stay home and play with your child who was perfectly well and healthy I'd have told you to fuck right off.

TheCatsPaws · 11/11/2017 10:39

I think the real issue is here, excluding the NHS and fire brigade, why are so many companies open on Christmas? It’s a symptom of a horrible society that values money over the welfare of us in my opinion.

Hiptrip · 11/11/2017 10:40

Well if I don't go in one of those colleagues WILL have to find childcare. She is in a supervisory role and the buck stops with her, when they are short staffed. Not me.

OP posts:
TheCatsPaws · 11/11/2017 10:42

ShatnersWig those are special circumstances, and I’m sure no one would begrudge you having that time off.

However, excluding illness, there is no need for adults to have Christmas off. It’s nice to, I agree, but if that is at the expense of a child, then it’s wrong in my opinion.

My family are from a country that places a lot of value on family and tradition, and while I’m not that traditional myself, the togetherness and kindness is wonderful. I notice the UK has a very “me first” attitude.

ReanimatedSGB · 11/11/2017 10:42

Absolutely stand up for yourself, OP. It is not fair to treat single/childless people (particularly women) as less important than parents.

Lelloteddy · 11/11/2017 10:44

Shatters the parents in question are single parents. Many children from single parent families may not have contact with a parent. Many children living in single parent families have lost a parent through bereavement. Many children living in single parent families are isolated by poverty and don’t have extended family support.
Your shitty comments are out of order.

Good luck to you OP. If it’s really worth this much hassle and aggravation to you go for it.

iBiscuit · 11/11/2017 10:44

I had a colleague who always volunteered to work Christmas day, because whilst she got to do the magic moments present opening thing in the morning, it also meant she could get the fuck out of the house for 8 hours, earned double time and didn't have to cook Christmas dinner. I thought this a bit odd at the time, but now totally see where she was coming from Grin

ninjapants · 11/11/2017 10:44

I work in a 24/7 365 day industry too. If you're rostered Christmas or New Year you work it, unless you are the lucky one and get hols. Everyone wants Christmas off and 'no childcare', especially so far in advance, doesn't trump your fair request to be off. As others have pointed out, most people are off on Christmas day so ts probably one of the easier times to get help with childcare.

And I agree with you that they shouldn't work in an industry that requires people to work all hours every day of the year if they can't fulfil their end of the bargain.

PurpleDaisies · 11/11/2017 10:44

My family are from a country that places a lot of value on family and tradition, and while I’m not that traditional myself, the togetherness and kindness is wonderful. I notice the UK has a very “me first” attitude.

Since when did families without children not count as proper families? If a business requires people to work, someone’s family won’t be able to all be together.