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AIBU?

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Original poster

Is this workplace discrimination?

176 replies

overtimeban · 01/03/2024 15:14

Posting for advice as I'm struggling to make sense of this and whether it's OK or not.

My partner is a public sector employee. He often works a lot of overtime shifts which are essential for paying the household bills. Without the overtime our family would struggle. It's always available so that's not an issue and never has been. He works an average of 60-80 hours a month of overtime on top of his contracted hours.

He very, very rarely cancels an overtime shift. I can count on one hand the number of times he's done this in the past couple years, and it's only ever been when our toddler has been unwell and my partner and I have had to juggle the days off between us (I also work).

The past week or so he's booked 4 overtime shifts, 3 of which there were no issues with, and one he had to cancel with only a few hours notice because our 2 year old started to vomit and had become quite unwell (doctor had already seen her earlier that day but she deteriorated by the time it got to a few hours before his overtime shift).

Today he has spoken with one of the senior staff at his work who have given him a 'warning' that if it happens again that he needs to cancel overtime at short notice, they will place him on an "overtime ban".

Can they do this?? He is a very reliable employee with a strong track record of showing up for overtime he books. He very rarely cancels shifts, and on the odd occasion he has it's because our child is unwell and I'd been unable to take anymore carers leave myself. He would never just cancel because he'd changed his mind and couldn't be bothered. He has a very strong work ethic etc.

I just don't know what they expect him to do when he has a young child to consider too? Is it not discrimination to punish someone with a "ban" on overtime because they've had to unexpectedly cancel one shift in probably hundreds he's booked and worked over the past year??

I'm just so angry at this punitive response from his work and the lack of support for a working parent with a sick child
.

Any advice welcome.

OP posts:
fruity81 · 01/03/2024 15:17

he’s worked there years and has a perfect record and that’s his managers response? no back story at all?

Kangarude · 01/03/2024 15:17

I can't see how it would be classed as discrimination.
Overtime is not an automatic right but I would have thought his boss would be pleased that someone volunteers and is usually reliable

Midnlghtrain · 01/03/2024 15:17

What would be the basis for the discrimination?

Overtime isn't contracted or guaranteed, I'd imagine reliability is a huge factor. What's the usual notice you'd need to give for cancelling an overtime shift?

Whaleandsnail6 · 01/03/2024 15:19

This happens where I work. If someone cancels a shift, regular or overtime, they cant do overtime for a week. I don't think it is discrimination, as they do it to anyone who cancels, for whatever reason.

I dont know the legal stance but in my experience this isnt unusual, especially in the sector I work in (healthcare)

ChessieFL · 01/03/2024 15:19

It might be unfair but it’s not discrimination. Discrimination means being treated differently due to a
protected characteristic and being a parent is not a protected characteristic.

Soreteatowel · 01/03/2024 15:20

I think it's unlikely this is the whole story. He will have always been told not to rely on overtime, but boss isn't going to ban a reliable staff member from filling shifts that need filling, just for the fun of it.

TruthorDie · 01/03/2024 15:20

No. They probably just want reliable people to do it, rather than then pulling out

Soreteatowel · 01/03/2024 15:21

Midnlghtrain · 01/03/2024 15:17

What would be the basis for the discrimination?

Overtime isn't contracted or guaranteed, I'd imagine reliability is a huge factor. What's the usual notice you'd need to give for cancelling an overtime shift?

Ah, a short term ban maybe does make some sense to make sure only reliable people are booking shifts.

Harvestfestivalknickers · 01/03/2024 15:21

What would be his grounds for a discrimination case?

idontlikealdi · 01/03/2024 15:22

No it's not.

Original poster
overtimeban · 01/03/2024 15:24

TruthorDie · 01/03/2024 15:20

No. They probably just want reliable people to do it, rather than then pulling out

And he is one of the most reliable. So this is why it doesn't make sense as a first response.

OP posts:
Deathbyfluffy · 01/03/2024 15:24

Not a chance. 'Discrimination' is shouted far too often these days - at the end of the day employers need to know staff booking overtime will actually turn up for it, so it's sensible to have a punishment in place for those who don't.

toomuchfaff · 01/03/2024 15:24

Its not discrimination; because i'm presuming the policy applies to all. Its only discriminatory when its not applied to all for one reason or another - sex, gender, age, ability etc.

i'd imagine quite the opposite - especially if the overtime is sparse - and your DP got the shift in favour of another individual who would have worked the shift.

Original poster
overtimeban · 01/03/2024 15:24

fruity81 · 01/03/2024 15:17

he’s worked there years and has a perfect record and that’s his managers response? no back story at all?

No back story, yes years and very strong track record of being a reliable and strong employee,

This wasn't his direct manager who said this, it was one of the managers in charge of staffing / rotas.

OP posts:
Original poster
overtimeban · 01/03/2024 15:25

Deathbyfluffy · 01/03/2024 15:24

Not a chance. 'Discrimination' is shouted far too often these days - at the end of the day employers need to know staff booking overtime will actually turn up for it, so it's sensible to have a punishment in place for those who don't.

Even if it's to care for a sick child?
You think it's appropriate to "punish" someone for that?

OP posts:
Original poster
overtimeban · 01/03/2024 15:26

I'd understand if he was flaky and just not turning up for his shifts left right and centre but that absolutely is not the case - he's one of the most reliable generally compared to the others.

OP posts:
fruity81 · 01/03/2024 15:28

overtimeban · 01/03/2024 15:26

I'd understand if he was flaky and just not turning up for his shifts left right and centre but that absolutely is not the case - he's one of the most reliable generally compared to the others.

how long has he been there?

how is his relationship usually with this manager and indeed management in general?

fruity81 · 01/03/2024 15:28

overtimeban · 01/03/2024 15:25

Even if it's to care for a sick child?
You think it's appropriate to "punish" someone for that?

Show quote history

where were you? or did you both care for her?

Original poster
overtimeban · 01/03/2024 15:29

Ok, maybe discrimination is the wrong phrase

So I'll rephrase- is it right that he can be punished by his workplace for needing to take time off last minute to care for a sick child?

I'm also public sector (different to partner's employer), and my employer has a carers leave policy that allows me to take certain number of days of needed if my child is sick (albeit I don't do overtime in my job). There's no "punishment" for me taking this time if it's needed. That's the part I'm struggling with.

OP posts:
Original poster
overtimeban · 01/03/2024 15:29

@fruity81
I was at my own job

OP posts:
fruity81 · 01/03/2024 15:30

overtimeban · 01/03/2024 15:29

@fruity81
I was at my own job

so where would she have even otherwise… at nursery?

and my employer has a carers leave policy that allows me to take certain number of days of needed if my child is sick (albeit I don't do overtime in my job). There's no "punishment" for me taking this time if it's needed. T

so why didn’t you utilise this?

Original poster
overtimeban · 01/03/2024 15:31

@fruity81 he's worked there since 2018. Usually good relationships with colleagues and managers. The manager who made this particular comment I don't think he knows very well. He's not his direct line manager.

OP posts:
Original poster
overtimeban · 01/03/2024 15:31

@fruity81
Yes nursery otherwise but she was unwell so couldn't go.
The reason I didn't take the time off was because I've done the last 3 times off with her.

OP posts:
givemushypeasachance · 01/03/2024 15:31

As people have said, there's no grounds for a "discrimination" claim because that needs to involve a protected characteristic. So all you can do is look at what the organisation's policy on overtime is, and whether they're following that policy appropriately. You'll probably find the policy says something fairly vague about the opportunity for overtime is discretionary and can be withdrawn by the employer at any time. Because the chance to do overtime is a privilege and not part of the basic contract of employment. The employer can decide who gets to do it and when, however they like.

fruity81 · 01/03/2024 15:32

the devil is in the detail op

and i suspect it’s either you really don’t know the full picture of what is going on
or
this particular manager really doesn’t like your partner (and nor does the manager seem to understand the law re warnings)