Is this workplace discrimination?

[overtimeban]

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.

There’s nothing wrong with this at all, most companies which offer overtime in this way have a similar rule about cancelling last minute, regardless of the reason. It’s fair across the board because somebody else could have done that shift. You’re going to struggle to argue about them forcing you into financial difficulty by denying him overtime because you really shouldn’t be relying on overtime, it’s not guaranteed, his company could turn around tomorrow and say no more paid overtime/overtime will be time in lieu only.

But the same could be argued if someone cancelled overtime because they were ill...is it fair to penalize them for being unwell? He couldnt help having a sick child anymore than Fred could help being sick but they would both have to cancel the shift and accept the consequences.

Unfortunately, if thats the company rule, then thats the company rule and as overtime isnt a guarantee then I imagine there is little he can do.

@NCForQuestions

We are just waiting for the 30 free hours for our dc to kick in in September, should feel loads more manageable then I hope

You may feel like it punishes you, but it's not "a punishment" in the sense that it's not HR action against him, disciplinary. It's just withdrawing an opportunity for a perk, basically.

If he does up to 80 hours a month of overtime, that's what 50% of an entire second full-time job? It's sadly one of those things where having a very germy toddler means that someone is going to need to do a lot of staying home to look after the sick kid. And either you prioritise him working the crazy extra hours, or you acknowledge that now isn't the time he can freely commit to all that extra work if he may be unavailable to do it and that means losing the opportunity for overtime by pissing managers off.

But surely you’re home when he’s doing his overtime? Otherwise who’s looking after the child? You say you’re both public sector employees, so full time hours are generally 9-5.

It just feels so harsh, like one strike and you're out sort of thing. He's very reliable 97% of the time, just the odd occasion we need some leeway because we have a sickly child and no family support and we both work, and this is the response. Just shit 🙁

@Soontobe60
His hours are nothing like 9-5. He works different shifts between 6.30am and 9pm. He also does nights occasionally

But it’s not one strike and you’re out, because he has just been given a warning?

As previous poster said, it’s not a punishment, overtime is just a perk of the job it isn’t the whole job and it’s certainly not promised.

I would write to the manager concerned something like the following

Dear Mr Stupid-Unreasonable

On [date} I had to cancel a scheduled overtime shift to cope with a sudden caring emergency. Your response was to threaten not to allow me any more overtime.

I feel I should point out to you that this is the first shift I have had to cancel in x years. I should also point out to you the fact that the Working Time Directive already states that carers are allowed leave to cope with caring emergencies, and the Carer’s Leave Act 2023, which comes into force next month, will strengthen these rights.

I would understand your threat better if I was someone who had regularly let the company down on overtime shifts, but if you take the time to consult the departmental records you will see that despite my caring responsibilities I am one of the very best and most reliable employees. I will continue to exercise full responsibility in attending scheduled overtime unless there is an emergency, but I should notify you that I will take any attempt to penalise me for exercising my statutory rights as a carer very seriously, and I will have no hesitation on acting on the strong legal advice I have been given.

If others are being treated differently for the same issue, then you could argue unfair treatment. Does not seem the case.

Overtime is not a guarantee.

But what are your hours?

@Soontobe60 not all the public sector is 9-5.... Prisons, Police, Border Force , Parliament, lots of departments and jobs within the Home Office, HSE, DWP, MOD....

OP, I'm sorry this feels so stressful and unfair. I guess we are all trying desperately to balance childcare costs, bills, incomings and outgoings in a time when money is even tighter than usual. When little kids get sick, it's very tough. But unless you have family or friends nearby that can help last minute, I'm afraid this is what we all have to deal with! It's amazing that your Husband can do so much overtime, but have you considered what would happen if overtime is removed for whatever reason? It's so tricky because it is by no means a guaranteed income and you never know when it comes to an end regardless of this hypothetical ban.

This is very helpful, thank you!

But you said its happened 5 times in the last year or so?

It sounds like he is overbooking and taking more than his fair share maybe?
But also OT is only offered because cover is needed. Regardless of the reason if someone has repeatedly not turned up that becomes an issue.

@Soontobe60
My hours are 9-5
My partners are not, they vary massively

Not sure why my hours are relevant? I've taken the last 3 carers days with our child and so my partner agreed to do this one so my deadlines didn't fall behind.

Fair enough!

But you said its happened 5 times in the last year or so?

I definitely didn't

Its not uncommon to ban OT for people who don't attend their agreed shifts. It's to stop people cancelling normal hours work (paid at the usual rate) and then making up with OT (paid at a higher rate) its probably a blanket policy. I suppose he could ask to see a copy. To prove discrimination he would need to show that someone without his protected characteristic (in this case a woman if hes relying in sex as his PC) in the same situation had not been placed on the OT ban.

@weirdoboelady - what strong legal advice would that be, his wife posting on mumsnet AIBU about it? 😂

Overtime is a PRIVILEDGE. They could just stop offering overtime all together, no one could take any action against an employer for doing that. Your employer only has to offer you the work set out in your contract.

Nonsense. He has no automatic right to overtime.

All that jabber, pretending he's acting on strong legal advice will just make him look like a complete idiot.

It’s really not helpful OP.

Seek proper legal advice before you even think of sending a message like that, any solicitor will tell you that actually overtime is simply a privilege, they could get rid of it altogether for the entire company tomorrow and there’d be no legal comeback.

Considering you’ve said you need the overtime money I assume you really need your partner to keep this job, and sending a snotty email like that would be a nice easy way to mark his card for the sack.

I would think for a long time before sending the letter above, as often with companies the more right you are, the more they will punish you. If he calls them out in this way he may be blacklisted with worse effects. It depends on the company of course, but often it's calling out injustice that gets you in real trouble.
How long would the threatened ban be for?
It is a rotten way to treat people. I found the supervisors who treated an absence as a force majeure depended on their personal life experience. Those who were parents were very decent to my dh when I had hyperemisis with second dd. But the young guys not so much.
Take the weekend to think about it.
It is the sucky cost of working for someone else.

As I mentioned, the Carer’s Leave Act 2023 is coming into force next month. Lawyers will be drooling at the mouth with excitement to test new cases. Discrimination against a carer by withdrawing a privilege is a no-brainer, really.....

Please don't do this.