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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:
Foxblue · 01/03/2024 15:32

So in my old place of work, overtime was fought over quite regularly - people were very keen to do it and take the £££ - we had a rule like the above, if you ended up bailing on an overtime shift you got banned for a week - honestly, I can't really remember why now as it predated me working there, but all the staff were very keen on this rule, as overtime was such a precious commodity - I think there had previously been lots of instances of certain people cancelling, and (to cut a long story short) due to the nature of how our scheduling worked it was much easier to have a blanket rule for everyone rather than repeat offenders. It sucks - but it's not discrimination unless only the people with kids are having this rule applied, surely.

Original poster
overtimeban · 01/03/2024 15:33

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)

I suspect he doesn't like my partner either tbh. There's a lot of that sort of stuff that goes on within his workplace. It's not the best workplace culture, in fact it's one of the most toxic at times.

OP posts:
givemushypeasachance · 01/03/2024 15:33

"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?"

Withdrawing an opportunity to do an overtime shift isn't a punishment. There is no contractual right to do overtime within his job description.

CeliaLia · 01/03/2024 15:34

Unless overtime is guaranteed in an employee's contract, companies are not under any obligation to give employees overtime. Overtime ban is absolutely not unheard of either, my husband's company does it as well. If you call in sick or are unable to carry out either your regular or your overtime shifts that you signed up for, they will stop you from being able to book overtime for a period of time. I suppose many companies have their own processes and procedures around this.

I can't see how what you are describing might be discriminatory. Sure, it might feel unfair but I'm sure these processes would be there for a reason. And perhaps are in place as a result of prior disruption that cancelled overtime shifts had caused (I don't mean your husband but in general, historically).

Would your husband be able to book overtime on a day to day basis to make sure he is available to do them, rather than booking them in advance when he doesn't actually know if he can commit to them?

coureur · 01/03/2024 15:34

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.

It’s not right, but being a parent and having caring responsibilities is not a protected characteristic and employers are free to discriminate if they so wish. Of course the employer may have their own policies which protect him so he should check his employee’s handbook and talk to HR.

LittleLlama · 01/03/2024 15:34

I think this is quite common. My son works in airport security and if someone cancels two overtime shifts with less than 24 hours notice they cant do overtime for month.

BirdsofPrey1 · 01/03/2024 15:34

You can only be discriminated against on the basis of a protected characteristic. On the basis if which has he been discriminated against in your opinion?

fruity81 · 01/03/2024 15:34

overtimeban · 01/03/2024 15:33

I suspect he doesn't like my partner either tbh. There's a lot of that sort of stuff that goes on within his workplace. It's not the best workplace culture, in fact it's one of the most toxic at times.

Show quote history

and what does your partner think?

Original poster
overtimeban · 01/03/2024 15:35

givemushypeasachance · 01/03/2024 15:33

"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?"

Withdrawing an opportunity to do an overtime shift isn't a punishment. There is no contractual right to do overtime within his job description.

Punishment is my word, and that's how it feels. By "banning" him from overtime they're putting us into financial difficulty. And that ban would only be applied because he took time off with our sick child. Therefore it very much feels to me like a punishment for doing that.

OP posts:
fruity81 · 01/03/2024 15:35

overtimeban · 01/03/2024 15:33

I suspect he doesn't like my partner either tbh. There's a lot of that sort of stuff that goes on within his workplace. It's not the best workplace culture, in fact it's one of the most toxic at times.

Show quote history

and this is the first time in all the years he’s worked there that anything like this has ever happened?

Original poster
overtimeban · 01/03/2024 15:37

BirdsofPrey1 · 01/03/2024 15:34

You can only be discriminated against on the basis of a protected characteristic. On the basis if which has he been discriminated against in your opinion?

I literally updated to say maybe I used the wrong word and what im really asking is, is this ok or does it seem wrong

OP posts:
ColourMeBlue · 01/03/2024 15:37

In my workplace,there is 48 hours notice required to cancel overtime.Your husband is obviously very reliant,but that's just the way the policy is.

NCForQuestions · 01/03/2024 15:37

overtimeban · 01/03/2024 15:35

Punishment is my word, and that's how it feels. By "banning" him from overtime they're putting us into financial difficulty. And that ban would only be applied because he took time off with our sick child. Therefore it very much feels to me like a punishment for doing that.

Show quote history

Police by any chance? Sounds like it...

And I'm afraid that it's entirely possible for overtime to dry up very very suddenly. It's not something any employer can guarantee him access to, and they can put in a ban on him doing overtime for just about any reason the want. The usual excuse IME is welfare - stopping someone from burning out etc.

Original poster
overtimeban · 01/03/2024 15:38

@fruity81 the first time anything like what has happened?

OP posts:
Midnlghtrain · 01/03/2024 15:39

It's not their problem that he needs to pick up so much overtime though and they won't be giving that consideration - if an overtime ban is policy, it's policy. Perhaps it would be worth diversifying the way you can get the extra cash so that you're not reliant on un contracted overtime?

Also in the post it says if he does it again he'll get the ban, so he's just had a warning for his first time - they've not banned him right away. It's fair enough from their side.

Laurama91 · 01/03/2024 15:41

I was always taught not to rely on overtime. What if overtime goes? How would you manage then?

Original poster
overtimeban · 01/03/2024 15:41

I'm finding it so stressful because it puts more pressure on me by default. If he is going to be banned from overtime if our child is unexpectedly sick in the future (she's a very sickly child and picks up every single bug going 🙁), then the only option for childcare when she's sick and can't be at nursery, is me. That massively impacts my own job and my own deadlines. It's the default pressure it adds to my shoulders that's getting to me.

OP posts:
fruity81 · 01/03/2024 15:41

disciplined or any kind of warning? given you say it is toxic and this manager doesn’t like him

how long has he been there?

K0OLA1D · 01/03/2024 15:41

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.

He isn't being punished. He's being warned

fruity81 · 01/03/2024 15:42

a public sector position giving 60-80 hours overtime pay every month? bit depressing!----

Original poster
overtimeban · 01/03/2024 15:43

fruity81 · 01/03/2024 15:41

disciplined or any kind of warning? given you say it is toxic and this manager doesn’t like him

how long has he been there?

He's never been disciplined before no. This particular manager I don't think he's had many dealings with previously tbh. Just seems to have taken an instant dislike to him for can't a shift with a genuine unavoidable reason.

He's been there since 2018

OP posts:
Original poster
overtimeban · 01/03/2024 15:43

fruity81 · 01/03/2024 15:42

a public sector position giving 60-80 hours overtime pay every month? bit depressing!----

How so?

OP posts:
StarlightLime · 01/03/2024 15:43

overtimeban · 01/03/2024 15:35

Punishment is my word, and that's how it feels. By "banning" him from overtime they're putting us into financial difficulty. And that ban would only be applied because he took time off with our sick child. Therefore it very much feels to me like a punishment for doing that.

Show quote history

Your personal circumstances aren't really relevant, tbh.
How are you in financial difficulty unless he constantly works overtime, anyway?
Particularly so when you both work?

Original poster
overtimeban · 01/03/2024 15:44

@StarlightLime
Extortionate nursery fees

OP posts:
NCForQuestions · 01/03/2024 15:44

@overtimeban the issue isn't him being banned from overtime, it's your joint reliance on it being available.

I was assessed for a mortgage in 2006 before the mortgages system collapse. The mortgage advisor was trying to make me take the higher amount based on my 40+hrs or overtime I had done on a consistent basis for years, but I refused - what if I broke my leg or something? I'd be fucked!

Sounds like it's time for you both to reassess your income and outgoings....