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?

I notice the UK has a very “me first” attitude

This applies to the OP's colleagues.

My children and their happiness come first.

To YOU, maybe. Why should they come first for the OP?

I would raise a.greivance and no i wouldnt be kind to those with kids becsuse what you find is you are kind whrm yoy dint have kids and then when you do the people who you were kind too convienantly forget this when your kids are little and theirs are now grown up I was a nurse for years bitter experience

It's discrimination but not illegal - being childless isn't a protected characteristic. It is very unfair.

You can also be fired if you don't turn up for work when instructed to do so; that would be gross misconduct with most employers. If it's gross misconducts then the employer can go straight to dismissal without any previous warnings. Of course, it might just be a warning which would drop off in 12 months.

However, it's extremely unfair and unreasonable. I would raise a grievance, saying the leave had been agreed and you had made plans on the back of that authorisation that cannot be altered. No big stories, nothing about colleagues and children - the more you say the more holes can be picked.

And if it was me, I'd look for another employer. Everyone should be equal in the workplace. Discrimination laws exist to give that equality. Having a child is not recognised as a reason to discriminate in favour of a sector of the workforce. Don't roll over.

Sorry, that wasn't helpful.

People without children are regularly shafted. I see it all the time. Stand your ground.

Cats Actually I find there's a lot of "parents first" attitude which is not the same thing as "family first"

I spent 8 years givin up Christmas, New Years, mother’s day, Father’s Day, is Easter and every other event for people with children. For everyone saying be nice to those with kids what about those without? What about her family? You booked it off and we’re accepted I would be in the office kicking right off! Say you have made family plans and they have over a month to source child care. Point out you worked both last year as well and that you don’t see it as fair just because you don’t have children.

I think your main point here should be that you were given the written conformation of time off, therefore you've made plans reflecting this and you do not intend to cancel because it will cost you financially. It's absolutely not fair to you to have to do that, or face disciplinary action. Were the staff supposed to work and then said they can't told the same thing? Regardless of childcare issues? Because if they weren't I'd see that as unfair.
I grew up with both parents in 365 jobs. One or both usually worked the festive period. I have always worked in that kind of industry too, this will be my 3rd Christmas day off in my working years, one for mat leave and last year and this because I'm not needed. To be honest I've always struggled more for childcare in the run up and between Christmas/new year and the couple of days after new year when nurseries are generally shut but many friends and families were still at work. Christmas day, boxing day, new years day there was always family around. I can sympathise with both sides, I've been in the situation where I literally cannot get childcare, and it's pissed off other colleagues and I totally understand why. I've also covered for others in that situation.
If it's genuine, you'll know because that person is likely to have issues at other times of the year too, easter, bank hols and school hols. But then I also know from experience that some do take the piss as well.

Ignoring all the noise on the thread and just answering the legal questions asked....

Your chance of claiming constructive dismissal, based on what you have posted, is almost nil. It is incredibly difficult to prove and is for serious breaches of contract and is an option of last resort.

This is not discrimination because (again from what you have said) you do not have any protected characteristics so are not covered by current legislation.

Your employer can cancel your annual leave for any or no reason by giving you the required notice. This is usually the amount of time the leave was for, so for example if you have booked one week of leave they must give you one month notice. However, if your contract or employee handbook gives more rights they must abide by that and a failure to do so could potentially be (depending on the specifics) a breach of contract but this would be unusual.

If you fail to turn up to work without a very good reason you would be in breach of contract and at risk of dismissal.

Are you right to be annoyed? Yes absolutely. Can you do anything about it? You could raise a grievance about the way it has been handled and ask for any out of pocket expenses to be reimbused (don't hold your breath on the last one). Your complaint is about how you have been dealt with, the other stuff is management's concern and management's job to manage and your leave has been cancelled because of management's inability to manage. Don't make any comments about your colleagues and childcare although they have not just had a month to sort it but a whole year - Christmas is an annual event, not a surprise.

Finally, look for another job. They don't value you as much as management values being ineffective/avoiding difficult situations. That's really all you can do once you've exhausted the grievance procedure.

Fwiw I would not have cancelled your leave but I was a badass manager

Purple as I said earlier, adults can get together any time. Christmas is magical for kids, and they’re only kids for a few years. Let’s not ruin that for them on the basis that “it’s my right!”.

thecatspaws

Care homes
Hospices
Electricity companies
Gas companies
Water companies
TV stations
Radio stations
Taxi firms
Vetinary hospitals
Hotels
Homeless shelters
Pubs
Restaurants
Took me about a minute to come up with that list, I bet there are hundreds more.

Glad to see some more sensible posts have appeared while composing my epic

How apalling that people here actually believe that parents should automatically be given time off over those who don't!

I have 3 children, 10 months, 2 years and 10 years and work in an industry that covers 365 days a year. I am happy to do my share of christmas shifts, as are thankfully a lot of other parents. Wr all respect each other as individuals and recognise we all have families in one shape or form we want to spend time with so all do our bit. If that means xmas day being moved to boxing day etc then so be it.

OP definitely try to speak to @Flowery she is a HRBP and incredibly knowledgeable.

That's appalling OP. I would raise a grievance with HR, as it's actually nobody's business but yours what you choose to do with your time off. It shouldn't matter that you don't have DC. People who do have them and work in an industry that requires 365 days a year working should have adequate childcare in place - and that includes for Christmas and other public holidays. Their childcare issues are simply nothing to do with you and you should not be made responsible for their decisions (to have DC), and their problems with accommodating that choice.

for example if you have booked one week of leave they must give you one month notice

Sorry that should say one week notice. Notice is the same as the amount of leave booked.

Must proof read...

Viques

Fair enough, however I’ve worked in call centres and retail shops, that were non essential and open on Christmas Day. It’s ridiculois.

Purple as I said earlier, adults can get together any time.

Why can’t families with children do that?

@Trueheart1

I hope you will come back and respond to IDSneighbour's post below

Trueheart - it's much worse for single adults to have to work Christmas than it is for those with families, in my opinion.

An adult with a family can get up on Christmas Day, watch his/her children open their presents and have fun, go to work and come home to a Christmas Dinner with their family and a fun, family evening.

If I had to work on Christmas Day I would not be able to go away to stay with my Mum and/or sister's family. I would wake up on my own, go to work and come home to spend the evening on my own in an empty house. Miserable.

Christmas is not for children. It's for families, with members of all ages who don't always live close together.

Purple because Christmas is magical for kids. As adults, we are capable of reason and being kind.

What's your sick record like? I wouldn't usually advocate this but fuck them and call in sick if it's not bad.

Why can’t it be “magical” on another day?!

I have children and would be gutted to have to work Christmas Day but I still think this is grossly unfair that you are expected to change your plans because your colleagues have no childcare - despite knowing that it is their turn to cover Christmas for at least a year! They know the job is all year so there is no excuse. I would call in sick and avoid all social media over the Christmas period - I know it isn't ideal but fuck them!

cats you are clearly being deliberately obtuse now!

Purple

I suspect you’re just being difficult now, but Santa, Christmas Eve, the lead up, the whole month is getting kids ready for that specific day.

As adults, we can be more logical.

^ Charley Burt have you ever used Selfdecode? Its another DNA app that's supposed to be better than Livewello. I read a bunch of negative reviews on Livewello 😞^

I have kids & think that is an entitled load of bollocks too.

Definitely raise a grievance, suggestions above for wording are good. This is bang out of order & no excuse for your company to accept this status quo with still 6 weeks to go.