To be a bit miffed

[diamond702]

I started a new job two months ago. There aren't many benefits other than statutory things, including minimum holiday, statutory sick pay and the lowest pension.

The only benefit is a 'free' day off on your birthday if it falls on a weekday. But after I started the job I was told holidays could not be booked off during one week of the year in June as some of the managers have to go to an event that week and staff are needed in the office. This week happens to be the week my birthday falls on. I told the office manager this and she said I should be able to take the one day off but she will have to check with the company manager.

I am not a manager, I am right at the bottom in terms of responsibility. Usually I take my whole birthday week off work as it coincides with other family occasions, but I am fine taking just a day off if needs be. I usually have a nice day out on my birthday so I was looking forward to it.

My birthday is at the end of June. I asked the company manager and she said I can't have it off as it falls on that week. I asked if I could take it another day, she said no as policy says we can only take our birthdays off as a free day. What's worse is my birthday falls on the event week EVERY YEAR, so I will never be able to enjoy the benefit.

I am miffed about this - it means I miss out on a benefit everyone else gets. It sounds minor but I would have thought twice about this job if I knew about this. I understand the company has to control holiday in order to have enough staff, but it's unfair to withhold a benefit from some staff because their birthday happens to fall on a particular week.

AIBU?

I’d be miffed as well, but not sure what you can do about it. Other than try and persuade whoever writes the policies to allow you to take the next available day off if your birthday falls on a weekday but the demands of the business mean you have to work that day.

I’d actually be looking for another job. Not because I can’t take my birthday as leave, but because it shows that the organisation don’t really value all the staff.

I’d be miffed too.

I'd be miffed too. You should get an extra day holiday to compensate.

It's just tough shit really.

You should definitely get an extra day holiday instead then, otherwise all other staff get a day more than you, which isn’t fair.
What do they do if your birthday is a weekend, do they give the nearest Friday/Monday or is it tough luck?

Maybe tell them you’ve decided to have a different birthday and what the new date is. As long as you keep it the same every year it doesn’t matter to them does it?!

Sounds like tough luck to me.

I can't think of any legal basis you could fight this on and taking holiday is always a request anyway.

Tell them you're like the Queen, and your celebrate your official birthday on another day every year - which is clearly the one you'd like to take off.

Funny thing though - I quite like working on my birthday - I get spoilt, buy the cakes and make no drinks!

People with weekend birthdays don't get the day off which I suppose is annoying too, but they will when it falls on weekday.

I've never heard of being able to take your birthday off work. Obviously if you book it off as part of your annual leave that's something else.

You're going to be no worse off than all the people whose birthdays fall at the weekend as they're also going miss out on the extra day's holiday.

I'd be miffed as well but I'm not sure it would make me reluctant to take a job I otherwise wanted. Just luck of the draw really.

Although, having said that, I do think it's an odd policy to give some of your staff an extra day's holiday a year that other members of your staff don't get.

What happens with people whose birthday is on a set bank holiday (Xmas day for example?). Guessing they lose it to?

I agree it's unfair.

Yes they lose it @littlebelina. But it's a very small company, so I don't think they've ever had a situation like that, or even a situation like mine before.

They should give you a day off the following week. That's treating you totally unfairly to other colleagues. Take it up with HR.
To be honest I would say it's unfair to only give week days. What happens if your birthday was Christmas Day - assuming you are closed and have a bank holiday that person would never get an extra day. Or conversely if you were open and took turns to work that person would never have to as it's their birthday!

It really does seem unfair @Pinkprincess1978 but I don't think they've ever had to deal with the situation as it's a new and small company. My contract says I am entitled to a day off on my birthday if it falls on a weekday though.

Well, it does say something about the company doesn’t it? It’s a stupid policy and the person who thought it up isn’t very clever. Stay where you are but start looking for a new job.

This question came up on the Ask a Manager website, have a search on there, you'll find excellent ways to respond to this frankly insane policy.

It's a discretionary benefit like a bonus and the policy is the same for everyone (i.e. get a free day off on your birthday if it is a work day with the exception of one week a year due to business needs). As such there isn't much you can do. Of course discretionary benefits are supposed to help with morale so I guess this policy isn't really being effective for you.

I'm guessing there must be other reasons for you to have taken this job given the relatively poor pay and conditions. If those reasons don't pan out I'd be looking for another job.

It's in my contract @Daddystepdaddy so I'm unsure if that makes it a discretionary benefit or not. It says the birthday must be on a weekday but it doesn't say anything about company event weeks. I only found that out after I'd started and signed the contract.

That's CRAP and you should speak to someone else about it... it can't be considered a Company perk if you can't enjoy it... it's discrimination on the grounds you are excluded from this perk... that's CRAP lovely

Self-identify as a Queen and have a second birthday every year, and take that off instead. You can do it hun!

If it is written into your contract and you have signed it... I dont see that you necessarily have recourse if your birthday falls on a weekend.

You could argue that it is clearly company policy that birthday girl/boy gets a day off but as it is specific within the contract and everyone at some point will get their birthday to fall on a weekday as the years pass- I wouldnt be confident in that.

Conversely, if the contract doesnt stipulate that 'birthday days off' may not be taken in event season, then I would think you have every right to argue this matter. It seems silly of the company to put in this rule if they know that for a certain period of time it wont be feasible. Then to put it in a contract...

Sadly, in all reality I dont think theres much you can do- especially in a small company- you might be cutting your nose off to spite your face. Im not saying that youre wrong, but it may not be worth the fight. Are you intending to stay in this role long?