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 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....

It's a public holiday, not the sinking of the Titanic.

In YOUR house, Cats, it may be. It isn't for lots of other people, even - shock horror - some parents.

Just call in sick. If they don't want to play fair, don't play fair either.

😐 no idea why it’s not letting me C&P the quote.

But thinking parents should get priority is self entitled bollocks.

cats you’re not being logical. It is perfectly possible to give them a wonderful, magical Christmas with a working parent. You just have to want to do it.

Honestly you've got no chance in hell of constructive dismissal and whilst yes disciplinary procedures do usually have stages they can issue any stage depending on circumstances up to and including dismissal straight away.

Raise a grievance it's your best option state that you will be out of pocket by this and it's not reasonable to expect you to work every year

Bloody hell there are entitled posters here - since when does having hildren override all colleGues leave entitlement!

The Christmas magic thing isn't limited to eight specific hours on the 25th.

Purple it’s not the same, and you know it.

These are the same people who want “childfree” public spaces and have been rude about my disabled child in public.

People who don’t have kids don’t have to be inconsiderate to kids. I’m considerate to people with different needs to me so I’d like the same.

So all these colleagues who can't get childcare, will it be just them at home with the kids on Christmas Day, or will there be partner, grandparents, aunts and uncles etc around?
Because unless they really are alone, or all relatives above are infirm, then they do actually have someone who can look after the kids, don't they? Have you asked them their plans?
I have lost count of the number of times I have worked Xmas and all the other bank holidays for that matter. I have young kids. We all take it in turns and keep it fair.
Kids or no kids, everyone has a life, and is entitled to it.

Why is it relatives jobs to look after their family members kids?

@MovingOnUpMovingOnOut has it spot on in my opinion. It’s incredibly unfair but not in breach of any employment legislation. It is worth protesting though through formal channels, on the basis that you were given the holiday agreement in writing and consequently made financial decisions which will leave you out of pocket.

Try to take the emotion out of it, and make your formal complaint in line with the company processes. In cases like this I would expect to see the company agree to reimburse any out of pocket expenses, and possibly offer additional leave later in the year, as a sweetener for making you work. Or (as often happens) a more senior manager will look at the situation, decide your complaint is more hassle than its worth, and tell whoever made the decision to cancel your leave to reverse it and find other members of the team to come in on Christmas.

It’s true you will win more by being nice, make it clear that you are prepared to compromise in some way and that will go a long way towards goodwill to you and getting this resolved. Simply refuse to come in, or call out sick on the day, and they will be well within rights to just fire you for gross misconduct.

But cats, ots not different needs. The OP wants to spend Christmas with her loved ones, its exactly the same! Bloody hell as you always to rigid in your thinking?! Have xmas start a few hours later/the next day/whenever parents are home. Young kids have no clue when xmas eve is unless you tell them ffs!

You have some really fucking selfish and entitled colleagues OP and there are a few on here as well

Thankfully on here there's also plenty of sensible parents who recognise that having children doesn't make them more important than anyone who doesn't have young children.

These are the same people who want “childfree” public spaces and have been rude about my disabled child in public.

Eh? Who are these people you're talking about? Or is this a sweeping generalistation?

I am not responsible for other people's childcare. They are. I am responsible for my own life and family, whether or not that includes children.

Psycho Children’s needs come above adults.

These are the same people who want “childfree” public spaces and have been rude about my disabled child in public

People who don’t have kids don’t have to be inconsiderate to kids. I’m considerate to people with different needs to me so I’d like the same.

People who want time off with their families hate children and are rude to disabled children in public? Wow.

I work in special education. I am passionate about helping children with significant complex needs and I care about every single one of my pupils and if anyone were horrible to them or their parents in public I’d be livid.

Posters wanting the same right to time off at Christmas because their personal lives are important as well aren’t all child haters.

Why is it relatives jobs to look after their family members kids?

Er, why is it the OP's job to ruin her own Christmas for another family who won't even look after their own grandkids/nephews/nieces etc?

FitBit

There’s usually a type who mains about “their rights!” with this type of thing. I’m generalising of course, but in my experience, it’s true.

Clearly many on this thread don’t agree. I’m certainly glad I’m from a culture that prioritises family and don’t work with some of these people. I’d be fairly unhappy.

Oh fuck off, you are being deliberately goady now! If you are being serious though, I'm guessing your kids are going to grow up to be just like the OP's colleagues, selfish and entitled if you make the whole world revolve around them all the time!

Clearly many on this thread don’t agree. I’m certainly glad I’m from a culture that prioritises family and don’t work with some of these people.
I HAVE A FAMILY.

Children’s needs come above adults.

Within one's own family, yes. Your children, don't feature more highly to me than my needs. They're your responsibility.

I’m from a culture that prioritises family

Oh the irony!

For crying out loud, again FAMILY ISN'T JUST CHILDREN! CHILDLESS PEOPLE HAVE FAMILIES TOO!

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.

The whole month? Erm I think I see where you're going wrong.

As adults, we can be more logical.

Yes, do try.

Wouldn't it be a wonderful learning experience that mummy is going to look after the poor people who are ill in hospital/whatever on Christmas day? Admittedly not all jobs are essential but the majority over Christmas are...

I presume you don't know what it's like to struggle with infertility or face the prospect of no children, ever. Whilst nieces and nephews are spread around the country and Christmas is one of the few times you can see them all. Only you can't, because someone refuses to spend one shift at work on Christmas day and see their children before/after, so you must return to an empty flat which feels emptier than ever that day.

Thank you to the posters on here who understand this and don't think childless women are lesser beings.

The protected characteristic thing should go both ways. So it's "parental status" or something, neither being childless nor having children as a legitimate reason to discriminate.