Boss says I have to work tonight or will face disciplinary.

[Partygal]

Some of my colleagues are on here so have name changed.

I work in a 24 hours a day, 365 days a year job. Everyone has to take their turn at doing the shit shifts.

As I was off over Christmas last year, I willingly took my turn to work and did Christmas and Boxing Day. It suited me as I am going to a party tonight that I have been looking forward to a lot.

My colleague who was supposed to be working tonight sent me a text earlier today saying he can’t work tonight due to illness!!! (Yeah right!) He went on to say he was just giving me the heads up to block the manager’s number.

I thanked him and said no way was I working because I’ve done my time in work over Christmas.

Anyway my boss rang up as predicted - using someone else’s phone. She first asked why everyone seemed to have blocked her number, and asked if my colleague had already told me that he wasn’t going to work that night. I denied it.

She went on to say what I already knew that he won’t be at work tonight. I told her that I would not be covering. She says no one else she has managed to speak to, can get child care at such short notice and nor can she. According to her, “it has to be me.”

I still said no. She said she would try everyone else again, and threatened me with “consequences” if I turn my phone off. She has come back and has again said she can’t find anyone else to work. She says I will face a disciplinary if I don’t go in. I told her to go fuck herself. She has been texting repeatedly every since and has just told me that I will be fired for this.

Can she do this?

@Partygal

Shoulda done what my DH did. When he broke up for Christmas (he booked from 19th December to 29th December,) he switched off his mobile phone, and deactivated his facebook. I deactivated mine too, til 27th December, to stop them contacting me to ask him to pass a message on, (because they do that when they can't get hold of him.)

So there was no WAY they could contact him. Why did they need to anyway? He was on holiday.

Several years ago, he booked off eleven days (from Christmas Eve til 3rd Jan,) and we were going to a NY Eve party at our local pub (10 minutes walk away.)

His manager contacted him - at 11am on NY Eve - to ask him if he could come in (that night) on NY Eve, and work 8pm to 6am, as Pete (who was meant to be doing that shift,) had conveniently rung in sick.

She left a voicemail, and texted him. He texted back saying we were in a place that was 500 miles away, and had just checked into the hotel, and he wouldn't be able to make it. Then he switched off his phone and we deactivated our facebook(s).

Nothing happened, as my DH had done nothing wrong, but she had to do the shift herself. (The downside of being manager eh?) Luckily we live 25 miles from where he works (and properly out in the sticks,) and 35 miles from his manager. so there was very little chance of her popping in/checking up.

It's a fucking cheek IMO, for them to drag people in off their holiday leave. I am not sure if it's 'allowed' or not, but it stinks (IMO!)

Sorry you have had to tolerate this shit, but telling your boss to fuck off was not cool, and I'm not sure how you can come back from this.

Good luck. You're going to find it hard to enjoy your NY Eve party now. I'd start looking for a new job if I were you........

It means that OP's manager is calling OP in the course of her employment - i.e. acting on behalf of the firm - regardless of whether she does it from some random phone. Basically it's not personal use!

Not quite sure that's the case ... it's not what you may think your call to me is covered by. To me it's a personal call. You don't get to weasel out of my right to record it because it's in the course of your business. Otherwise I would be obliged to inform every cold calling sales outfit that rings me up that I'm recording their call. Which I most certainly do not have to, and have no intention of doing so.

Now if the manager wanted to record it, it's a different story - it would be in the course of their employment and they would be required to inform the OP.

In the absence of the OP having a recording, it's all moot anyway.

Best case scenario, I think OP is going to be very unhappy with her schedule the next couple of months.

This would be bullying and op would be within her rights to raise another grievance. People don’t have to put up with this type of behaviour and shouldn’t have to leave a job to avoid

I would get this thread removed OP. If you are going to raise a grievance this "evidence" would go against you.

If she can't find childcare she shouldn't take on the responsibility in the first place.

Much as the manager is in the wrong (as is OP) that's a bit ridiculous to say that you shoudn't take on a responsibility at work if you are likely to struggle to get child care on New Year's Eve. Everybody is going to struggle on NYE to find last minute emergency childcare.

Bear in mind, OP, that it's quite unlikely your manager will fire you. The company is obviously understaffed in the first place, probably to keep profits up and labour costs down. And they would have to fire your whole team for turning off their phones and refusing to work, which would leave them even more in the shit.
TBH it's probably worth looking for another job, if that's at all feasible. Because working for an organisation that considers you interchangeable property, lesser beings who must obey at all times and never complain, is not good for you.

I can’t understand why you answered the phone to anyone after that heads up from your colleague. A call from an unknown number can go to voicemail and you could have checked it later, or ignored.

She can't fire you for refusing to work on your day off. I bet your boss is just trying to manipulate you into working so she doesn't have to cover the shift herself (seen it done to my DP so many times by his boss) I can understand why you snapped and swore out of frustration of having to stand up for your rights. Do what the union have said and keep any abusive texts she's sent, and perhaps jot down the conversation while it's still fresh in your mind, what time she called. Hope you have a lovely new year.

Yes but she can’t prove I swore at her.

It doesn't really matter, does it? She's the one who makes the decision, she has 100% proof that you swore at her because she heard you.

Not quite sure that's the case ... it's not what you may think your call to me is covered by. To me it's a personal call. You don't get to weasel out of my right to record it because it's in the course of your business. Otherwise I would be obliged to inform every cold calling sales outfit that rings me up that I'm recording their call. Which I most certainly do not have to, and have no intention of doing so

If you are a manager for a firm and as part of your work for that day, make a call to a member of staff to see if they can cover sickness absence - that's work, which is covered by the GDPR and also privacy laws. OP's employer could record her and not tell her, but they wouldn't be allowed to use that recording to enforce anything (such as a disciplinary) as if they did it would be breaking the law. The exceptions are only for things like law enforcement.

You don't have to tell cold callers that you are recording them because you aren't a business. However calls from employers to employees which are in the course of employment (e.g. please come in to cover a shift vs. we're in the pub and it's your round) are business calls and therefore subject to different rules.

Hopefully this clarifies what I am trying to explain! As you say, it's highly unlikely that the person whose phone OP's manager borrowed, has call recording enabled anyway.

Unless she had gained OPs permission to record the call it cannot be used.

Not necessarily true. Tribunal judges have a discretion to allow recordings to be used if they are directly relevant to the issues in the case. If OP were to continue to deny that she swore at her manager, it is hard to imagine a case where it would be more appropriate for the tribunal to allow employers to use a recordings.

@Llewor, care homes have out of hours teams, generally, but not always, a different company. And situations like this are exactly why OOH carers are paid three times as much as regular, rota'd carers.

OP's manager needs to call OOH and pass it on to them or call one of the many, many care agencies who provide OOH and relief staff. NO need for anyone to suffer.

I work in 24 hour care and if my boss rings me before 8pm to ask me to work the answer will be thank you for offer but I have plans tonight. Ifr she rings after 8pm the answer will be sorry, I'm over the legal limit therefore not insured to be in the building, regardless of who else will or won't cover the shift. If OOH have to come in, I can't imagine the residents will be happy. OOH carers are crappy to work with because they don't know anyone's routines but no-one will be in any danger or left without essential care.

OP is NBU. Everyone deserves time to rest and/or socialise, even essential workers like care workers are entitled to downtime.

A company that assumes no-one will be off sick over the Christmas and New Year period, some of which will be genuine, is a badly managed company. If you plan your resources such that you cannot cope with it, that is not the fault of those employees who are not scheduled to be at work and cannot change plans if requested.

Someone who in a work situation uses foul language in text messages or emails is either not up to the job or is suffering a mental health crisis. The odd word on a phone call may be excusable if followed by an apology but a text message or email is not.

I think the OP needs union or other advice and should raise a grievance for the text message harassment.

I think it’s crazy so many of you need to turn off phone/deactivate fb

What if other people need you or you want to reach others?

The fact that your jobs are effectively taking over how you spend your time is madness to me

I am another one in Team OP. At least you only swore OP and didn’t snap and fart.

I don't think op did anything wrong. Union rep has your back. Enjoy your night out tonight!

I’m chuckling to myself thinking the OP must work in hospitality. I spent my entire working life in the industry, and shit like this is just par for the course. I’ve been everything from a part-time waitress to a hotel manager, and I’ve been sworn at more times than I’ve had hot dinners (by staff and customers). There are always the same people who get away with going sick at every available opportunity, and the people who are expected to cover every bloody shift.

It sounds like an awful place to work with an awful manager. Take this as a sign to find something better.

I don't feel sorry for OP's manager at all - it comes with the territory and that's why she's paid as a manager (and I say that as a manager myself!).

As PP have said, part of managing effectively is anticipating shit like this - and as someone suggested upthread, perhaps rostering extra staff on, or having an agreement with one or two people that they will be on standby and if called to work will get overtime rates, to counteract the invariable NYE sickness that strikes on the day.

I'm guessing the people feeling sorry for the manager are shit managers themselves who would also quite happily swear at their employees because they won't help you with your problem.

She is the manager. She is paid more, and sometimes a lot more, to manage a team. Clearly she sucks at it. She should be working the shift. It's her problem, not ops.

OP shouldn't have sworn either, but I'm guessing this isn't the first time the manager has been a twat, and did deserve it regardless. In the end its the manager who is screwed, not op.

I think you both behaved appallingly and your colleague is no better.

In my previous 24 hr work it was always up to the supervisor to cover any shift that was not filled and if that was not a possibility, her manager would be called in. The onus is not on staff to make up numbers for sick/ mia staff.

I hope that everything works out for you, op.

Partygal

There are two arsholes in your story, your manager and the dick that has dropped her in it.

Your manager shouldn't have pushed. But your workmate should have done his shift and not rung around telling everyone to block the manager from their phones.

Frankly you should have dropped him in it the moment that she asked.

I have been the employee who rang in sick between Christmas and New Year. It was many years ago and I was in my 20s and living at home still. I had the cold from hell, couldn’t breathe properly and felt dreadful. My boss was notorious for being horrible when anyone rang in sick so we all used to phone into the head office rather than her which I did. I then dosed myself up and went back to bed. I found out later she had rung the house and demanded to speak to me. She got my DDad who explained to her in words of one syllable that she would not be speaking to me that day or any other until he deemed me well enough to return to work. I returned to work in the New Year to a cat’s bum face from her but nothing she could do. Everyone else was fine and pleased I hadn’t spread my germs and ruined their New Year’s Eve plans.The place I worked no one was allowed to book holiday between Christmas and New Year so they were fully staffed and it was not an essential service. In fact for some reason there was always time that had to be made up due to the holiday closures, once 7 hours.

Agree with the PP, ring her up at midnight and wish her happy new year. Preferably from the party so she can hear everyone enjoying themselves.

I agree that the colleague ringing in 'sick' has a lot to answer for!

@LovePoppy

I think it’s crazy so many of you need to turn off phone/deactivate fb

What if other people need you or you want to reach others?

My close friends, and close family have my landline phone number. Also my twitter account (and DH's) stays open because none of our workplaces have our twitter account details or know that we are on it. And our real names are not displayed...

So if we were Claire Jones and Carl Jones.... on twitter, we are CJ-Lee and Jonesey-C. So we cannot be tracked on there.

It's a shame, but it has to be done, (switching off mobiles and deactivating FB) because of how employers/managers/bosses hound and harass people when they're not in work/on holiday. It happens to DH - AND me sometimes, and many other people we know.

I was in Paris with my DH for our wedding anniversary around 6-7 years ago, and was settling down to our anniversary dinner at 8pm, and my fucking manager PHONED me (on my mobile) to ask where the petty cash tin was, and where 'Mrs Lloyd's' file was. (Couldn't be fucked to actually look himself!)

I was so pissed off that I can't put it into words. He KNEW I was in Paris, and celebrating my anniversary, and still phoned me - at 8pm (7pm UK time,) to start blathering about work.

I said 'Dan, I am on holiday!' He said 'yeah I know but...' Then I stopped him and said' 'stop right there! I am in Paris celebrating my anniversary with my husband, and we are in the middle of a evening meal in a restaurant. I am NOT talking to you now.' Then I hung up.

Fucking cunt ruined my night. After that, I got myself another mobile phone (for personal use,) and kept my current phone for work. When I was off, the 'work' phone went off. (I don't work at that place now.)

Many years ago - pre 1990s, bosses/managers hounding the staff outside of their work hours (and when they were on holiday) was unheard of. The Shop Steward would probably have got the Union involved to be honest.

Some bosses/employers take the piss now. Like, NOTHING is more important than work. Fuck right off... Most things in life are more important than work (for many people!)

lovepoppy

The fact that your jobs are effectively taking over how you spend your time is madness to me.

It may be 'madness' to you, but this is the reality for many people these days. And many people are bullied, and threatened with the possibility of a disciplinary, or the sack (if they don't toe the line at work!) Employers have the upper hand these days, and employees have very few rights, because the employers tailor the employment contracts to suit THEM. Also, many employers don't allow their employees to join a union.

So many people are scared of losing their job, that they do what they're told. My DH doesn't kow-tow though, and as I said, he just turns off his phone and deactivates facebook for the time he is off.

Fucking disgusting that people have to do this.