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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:
TheCatsPaws · 11/11/2017 11:40

But someone else's 'upset child' is again. No one else's problem but their own.

And that’s whats wrong with the world. No community, no compassion.

LakieLady · 11/11/2017 11:40

I think it's disgraceful that the employer can cancel agreed leave at 6 weeks notice. How can employees ever book a holiday with any certainty in that workplace?

The proper thing to do would be to raise a grievance/complaint, but once you've done that you'll really have to work if you lose.

I'd be minded to come down with winter vomiting bug or flu about 23 December, tbh, and not be back till 30th.

FitBitFanClub · 11/11/2017 11:41

The only people who could 100% say they have absolutely no childcare on 25th December, are single parents who planned to spend the day just with their child and no one else. I'd bet my mortgage that that doesn't apply to many, if any of the OP's colleagues.

And to those for whom it is the case, they perhaps need to consider a change of job.

OP, I think I'd seriously be looking into resigning, to take effect from Friday 22nd December. Try and get a new job for January. Maybe they'll re-think their unfair working practices then.

iBiscuit · 11/11/2017 11:41

And you're the very epitome of compassion Hmm

notapizzaeater · 11/11/2017 11:41

They probably can do this, but it’s not fair. I’d write an official letter outlining this. Do you know if th either people genuinely have childcare issues or juts want Xmas off ?

TheCatsPaws · 11/11/2017 11:42

Poor non-Christian children, however do they live with no magical day? Our corner shop is open. The people who run it are Hindus. Their teen kids even work in there. I'm surprised they haven't been permanently damaged.

Hmm

Part of our family is Hindu, DP and I just aren’t religious. Doesn’t mean we don’t like Christmas.

ilovechocolates · 11/11/2017 11:43

I’d make a big thing about having ur Christmas lunch etc on xmas eve then phone in sick on xmas day citing food poisoning which is that bad you have to take 7 days off...8 days would need a sick note from the GP! I don’t agree with phoning in sick but on this occasion I would

sparechange · 11/11/2017 11:43

OP, if you just don’t turn up (or call in sick) there is a strong chance you’ll face dismissal for gross misconduct

Can you look for a new job instead?
What’s your notice period?
If it’s a month, and you get something else lined up in time to hand your notice in on 24th November, your last day is 24th December, and responsibly to cover you falls to your supervisor

PurpleDaisies · 11/11/2017 11:44

cats if you’re not religious, don’t you think it would be kind and compassionate to allow Christian co-workers to have the day off to celebrate?

ShatnersWig · 11/11/2017 11:45

Cats I can't work out if you're a goady fucker, totally lacking in empathy, incredibly entitled for a 23-year old or just a naive idiot.

TheCatsPaws · 11/11/2017 11:45

Purple if someone wanted Christmas off for religious reasons, I’d probably offer to split the day or something so we could both get some time off.

MinervaSaidThar · 11/11/2017 11:46

Yes, won't someone think of the children Cats 😂

iBiscuit · 11/11/2017 11:46

I think those suggestions are all pretty accurate tbh, Shatner.

TheCatsPaws · 11/11/2017 11:46

Shatners I’m not being goady and I’m sorry if you think I’m being unfair. I’m incredibly empathetic, but my empathy is for the people with kids being forced to work Christmas. Like you sympathise with those in your situation, I feel for these people.

sparechange · 11/11/2017 11:46

Cats
Community and compassion doesn’t equal pandering to every demand of a child because their parents can’t be arsed to parent properly and explain the realities of the world

Or if you strongly believe that is the case, I hope you are donating enough to charities to make sure every single child in your community can have every present on their Santa wish list AND eat chocolate for 3 meals a day

Pannacott · 11/11/2017 11:48

Cats, you’re saying ‘no community, no compassion’, but you’d happily see others work Christmas two years running, have their leave cancelled six weeks before Christmas, unable to travel to be with family - so that you wouldn’t miss your baby’s smiling face for 8 hours as he is surrounded by his extended family? Are you bad satire?

drspouse · 11/11/2017 11:48

Childminders and nurseries don’t work over Christmas
My CM works over Christmas (we have used her on NYD to get packed for a holiday). But I appreciate this is unusual!
If this is a 24/7 job they must have arrangements for weekends, bank holidays etc.

MovingOnUpMovingOnOut · 11/11/2017 11:48

I'm going to have to hide this thread. The utter self absorbed, self pitying attitude of some posters is beyond irritating.

As you were.

GinIsIn · 11/11/2017 11:48

I have close family members who are NHS/Forces and had to miss many Christmasses when I was a child. We were taught that Christmas was about love and about giving, and that other people needed our family members more to keep them safe or to make them better, and we were always fine with that.

I have a child now, and I would far rather take my turn working at Christmas so he knows we all do nice things for other people sometimes than that the example I set him is anything he wants always comes first.

The only person I can see lacking compassion here is Cats. I highly doubt your claims you don't mean to offend when you are repeatedly saying that people who don't or can't have children aren't real families and that their Christmas means less. Hmm

TheCatsPaws · 11/11/2017 11:49

Spare

Wanting your kids to see their parents on Christmas equals letting them eat chocolates constantly? That’s not argument as absurdum at all is it.

For the record, I do charity work because I do feel strongly about community and helping those in need.

OldWitch00 · 11/11/2017 11:49

As a ward nurse I faced this year after year after year despite seniority.
Promises and booked tickets mean nothing to admin. Even approved leave can be rescinded days before.

MissMoneyPlant · 11/11/2017 11:50

Cats Thanks for the apology. I'm sorry if I reminded you of painful times. I'm just very surprised that you don't seem to see the other side of the debate if you yourself have been there.

All I and some others said was that most adults can arrange it on a different day whereas for kids, it’s special and it’s nice to let them see their parents.

It's much easier to do it a different day with children though, surely? Because there's more than one of you. A single, childless adult is going to be hard pressed to celebrate Christmas on a different day from the rest of the country! (Unless their plans were to sit in their pants on the sofa eating brandy butter straight from the jar.)

IHATEPeppaPig · 11/11/2017 11:51

If I were you I’d call in sick - it’s unlikely to be a gross misconduct offence so you’d get a written/final written warning at most....

WillowWeeping · 11/11/2017 11:52

thecatspaws most of the horrible comments have come from you Confused

brasty · 11/11/2017 11:53

I do think being on your own is worse.
Also a family that live together can do Christmas on a different day. If however you are single and travelling to spend the day with family/friends, then no they are unlikely to reorganise that to a different day.
When I was younger if I had had to work Xmas day, it would have meant I would have been alone in my bedsit on Xmas Eve, the rest of Xmas day and Boxing Day. My family lived a way away, and there was no transport on these days to get to them.