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AIBU?

can i be fired for this?

76 replies

bishbashboosh1 · 04/10/2022 21:45

i had to call in sick last week because my childcare flaked. boss said i ruined her weekend away and wants a meeting. i have a 0 hour contract and she’s taken me off the shifts i was meant to be on this week. have a feeling if she’s taking me off the rota that she’s going to axe me. not sure what i was meant to do though? leave my 1 year old at home on her own?

im also 25 weeks pregnant and now worried about smp, will i still qualify if i can push it to 26 weeks?

probably outing but i don’t care. fed up of everyone praising working mums then giving them no leeway when they’re stuck for childcare. what is the point i feel like i might as well be a stay at home mum until kids are in school

OP posts:
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DashboardConfessional · 05/10/2022 19:01

Sux2buthen · 05/10/2022 18:38

People suggest this as if it had never occurred to anyone 🙄
Quite obviously not

It's because they want the OP to say their DH won't take time off because her job is less important so they can have an "Aha! LTB!" moment.

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girlmom21 · 05/10/2022 18:54

@Catfordthefifth you're reading something that's not there. Where did I say she's right to be pissed off?

One parent being ill doesnt mean neither can provide childcare and if OP phoned and said "my mom was due to provide childcare but isn't well" I'd assume she'd be more lenient.

Saying "my childcare flaked" isn't quite the same.

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Milesty1 · 05/10/2022 18:52

I’d call the Pregnant Then Screwed helpline for advice

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Catfordthefifth · 05/10/2022 18:49

girlmom21 · 05/10/2022 18:48

@Catfordthefifth I'm telling the OP why her manager is pissed off. Everyone's shouting parental leave and we all know about that.

There's no harm in the OP texting her parents the night before and checking they're still ok for childcare if she's relying on them.

But it's ridiculous. You're saying she has every right to be pissed off as if op has done it on purpose.

Her parents may well not have known they couldn't do the childcare until just before the shift. You don't get 24 hours warning for a lot of illnesses , do you?

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Suedomin · 05/10/2022 18:48

"not the same as a sickness absence, because that is entirely outside your control.*
This is nonsense. Was OP supposed to leave her baby alone? Her childcare for that time fell through. That is not totally in her control.
There is a statutory right to take time off work to deal with an emergency involving someone who depends on you. Your employer can't penalise you for taking the time off, as long as your reasons for taking it are genuine.

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girlmom21 · 05/10/2022 18:48

@Catfordthefifth I'm telling the OP why her manager is pissed off. Everyone's shouting parental leave and we all know about that.

There's no harm in the OP texting her parents the night before and checking they're still ok for childcare if she's relying on them.

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Catfordthefifth · 05/10/2022 18:46

girlmom21 · 05/10/2022 18:40

She's not pissed off you needed to have the day off. She's pissed off that you told her right before the start of your shift and gave her no time to find cover for a situation that was avoidable.

How many shifts have you declined or cancelled?

But she didn't have a childcare issue until just before her shift. What do you suggest? Chrystal ball? Psychic reading day before every shift?

Be realistic.

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Catfordthefifth · 05/10/2022 18:45

starlightmagic · 05/10/2022 13:46

Those saying emergency parental leave, this is not supposed to be for you to take the day off it’s supposed to be for you find alternate childcare arrangements.

Realistically, though, they often don't exist. Employers are often total bastards when it comes to children, and then they wonder why employees don't want to do more for them or why they leave.

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girlmom21 · 05/10/2022 18:40

She's not pissed off you needed to have the day off. She's pissed off that you told her right before the start of your shift and gave her no time to find cover for a situation that was avoidable.

How many shifts have you declined or cancelled?

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Sux2buthen · 05/10/2022 18:38

ThatGirlInACountrySong · 05/10/2022 08:52

Couldn't dad have taken the time off?

People suggest this as if it had never occurred to anyone 🙄
Quite obviously not

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Brefugee · 05/10/2022 18:31

thanks @QuietQuietBang - and apologies, my post came across quite aggressively, that wasn't my intention. I'm interested in this because the only people i know who work Zero hours are really sick of it, except one who is a student. I keep reading that people like them, so I'll be interested to see if it really does stand up

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Abitofalark · 05/10/2022 16:20

lannistunut · 04/10/2022 21:49

Yes, you could be sacked for any reason if you haven't been there for two years.

Did you say you were unwell? Is there any way your manager can know you were lying?

It is very difficult for working parents to juggle, but that is the reality.

An employer could sack you but not every reason requires a two-year qualifying period for an employee to be able to bring a claim to an employment tribunal.

As always, seek advice from ACAS which is free and available by telephone and on the website, and be aware that advice posted on a forum like this may or may not be correct.

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QuietQuietBang · 05/10/2022 16:01

Brefugee · 05/10/2022 15:58

The fact is that more workers on zero-hour contracts are happy with the arrangement than are those on fixed-hours contracts.

do you have good solid research to back that statement up? I'd like to read it, if so.

I’ve only read the headlines, you can have a look at the report though and see if you think it stands up to scrutiny.

www.cipd.co.uk/knowledge/fundamentals/emp-law/terms-conditions/zero-hours-contracts-report#gref

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Brefugee · 05/10/2022 15:58

The fact is that more workers on zero-hour contracts are happy with the arrangement than are those on fixed-hours contracts.

do you have good solid research to back that statement up? I'd like to read it, if so.

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bingbummy · 05/10/2022 14:56

Yes, you might as well stay at home while the kids are in school. You don't get that time back, why torture yourself? Claim UC and work on your skills from home then when children are in school you'll be set to get a well paying job.

It sounds like you're on a low wage with a 0 hour contract yet you're paying for childcare?

Just why?

Just use the system (there are millions in unclaimed benefits every single year, you're not taking anyone's money or taking money that isn't just already sitting there) and get some skills that will put you in a much better position, or you could end up stuck in this type of job forever and who does that benefit?

If I were you I'd go on benefits, spend time with my children, and take advantage of as many free courses and certificates that you can get for nothing because you're on UC.

Have this precious time with your children and build something that you can do when they do go to school.

Don't be a martyr. People on here might flame you but they won't be praising you either when you make your situation better. Do what's best for you.

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shrunkenhead · 05/10/2022 14:43

I'm guessing you work in Hospitality or Care. Zero hr contracts work both ways. You don't have to give them notice of not being able to work or leaving and they don't need to give you notice of sacking you. They're crap. But if I was you I'd find another job or go Self-Employed.

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Starrystarrynight456 · 05/10/2022 14:41

OP I would suggest you ring ACAS for advice. It is free.

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QuietQuietBang · 05/10/2022 14:31

TheGoodFighter · 05/10/2022 14:20

I stand corrected, I didn't realise quite how awful things were in the UK. Such a thing would be illegal in my country, like zero hours contracts are.

The UK is a horrific place for workers rights, and continues to get worse.

Why post if you don’t understand how it works?

The fact is that more workers on zero-hour contracts are happy with the arrangement than are those on fixed-hours contracts.

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Laurdo · 05/10/2022 14:26

Sounds like your boss is annoyed that they had to pick up the extra work due to you not being at work and is taking it out on you. That's the joys of being a manager. And it was extremely unprofessional to accuse you of ruining their weekend. Sounds like an awful place to work and I'm sorry you've been put in this position.

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TheGoodFighter · 05/10/2022 14:20

I stand corrected, I didn't realise quite how awful things were in the UK. Such a thing would be illegal in my country, like zero hours contracts are.

The UK is a horrific place for workers rights, and continues to get worse.

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Quveas · 05/10/2022 14:07

TheGoodFighter · 05/10/2022 13:22

They are still an employee. "worker" doesn't mean anything at all. She's an employee.

That is incorrect. A zero hours contract may establish employee status (or even self-employed status), but the vast majority of such contracts are designed deliberately to produce "worker status" which is a legal status in and of itself, and different from employee status. www.cipd.co.uk/knowledge/fundamentals/emp-law/employees/status-factsheet#gref

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QuietQuietBang · 05/10/2022 14:05

TheGoodFighter · 05/10/2022 14:04

Sine my point was a general one and didn't mention zero hours contracts, why should I feel the need to point to anything?

So it wasn’t intended to help the OP then?

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TheGoodFighter · 05/10/2022 14:04

Sine my point was a general one and didn't mention zero hours contracts, why should I feel the need to point to anything?

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QuietQuietBang · 05/10/2022 14:00

TheGoodFighter · 05/10/2022 13:58

It's possible illegal discrimination: being treated unfairly due to childcare considerations can often be indirect sex discrimination.

And of course you’ll be able to point to a relevant case where the person has their hours cut to zero without being let go, won’t you?

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TheGoodFighter · 05/10/2022 13:58

It's possible illegal discrimination: being treated unfairly due to childcare considerations can often be indirect sex discrimination.

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