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Original poster

retail-Christmas-no childcare

68 replies

BabaMomma · 12/12/2014 00:11

Hello! I'm a single mum of 2 (under 6yrs) working in retail. Working with current employer for over 6 years part time, 16 hrs a week over 3 fixed days, every week on same days, same time due to childcare arrangements. I have no relative living in the UK.
My normal working days fall on Christmas and Boxing Day but since I have no childcare (nursery closed until Friday, 2nd Jan) there is really no way I can go to work and it has nothing to do with my willingness. A friend who I would normally trust will be away visiting her family.
My manageress is refusing to accept my reasons and says that I have a contract stating I need to work certain hours each week. I also understand this but surely the welfare and safety of any child should be a priority. Contacted our HR department but they cannot give me any truly useful information. Can they make me work longer hours/day to make up for the hours I was away (again, extra costs of childcare) either before or after my absence?
Can someone please help me and give me some information? Something I can show her eg link, paragraph of law etc that I can refer to?
I pretty much love my job, I don't want to loose it but this really puts a huge amount of pressure on me.
Thank you!

OP posts:
FriedFishAndBread · 19/12/2014 20:24

Oh and imagine if you did shove your dc off on anyone, these same posters would be the ones telling you what an irresponsible person you are leaving them with strangers if something bad happened.

There is no childcare open around xmas, you do have a friend who helps but she is unavailable . You have exhausted all means of available help. Your boss will just have to suck it up. A responsible manager would of taken this into account and have already planned cover.

TheAwfulDaughter · 19/12/2014 20:33

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Original poster
BabaMomma · 19/12/2014 20:33

Yes, at the beginning everyone is a stranger when it comes to childcare however the difference between a nursery and a single person looking after children is very different. Call me anything but we saw far more than enough cctv footage showing a trusted person behave like a monster behind closed doors. The chance of this happening in a nursery is by far much smaller.
I'm in this situation because I took my managers word as a guarantee. Last year she agreed to work out a solution between us. I could do longer hours on my contracted days other that of Christmas. There is plenty of time during the year when promotions, price changes etc require extra hours to be worked. I do most of the time up for these. She also had a chance to employ Christmas temps but she was lazy "busy" to do so.
I didn't even think it will be an issue. Certainly not to escalate into such a stressful situation.

OP posts:
GingerSkin · 19/12/2014 20:35

No childcare does fall under the legal reasons for parental leave, there is no set time for it either. If say your dc nursery closed down and it took you two weeks to get her into another this would be covered by unpaid parental leave.*

You're getting confused between parental leave and dependents leave. In that scenario above, it would be dependents leave for a reasonable amount of time. In my professional opinion, 2 weeks dependents leave is not reasonable to most employers. Employees have a contract to work and should work their contracted hours. Dependents leave is to deal with the emergency, not to actually carry out the childcare (or dependent care) provision. It's harsh but it is legal to say this. I'm a working parent and I have a plan b, c and d if my plan a childcare fails as I have a contract to fulfil with my employer.

GingerSkin · 19/12/2014 20:36

The top bit was suppose to be in bold and my response to it No childcare does fall under the legal reasons for parental leave, there is no set time for it either. If say your dc nursery closed down and it took you two weeks to get her into another this would be covered by unpaid parental leave.

JanetBookLover · 19/12/2014 20:38

Surely the children have a father who would like to have them then?
Also try advertising. There are lots of people around students etc who would love a bit of extra money even on that day. get them out of the house and away from families they don't like in some cases.

FriedFishAndBread · 19/12/2014 20:39

Your right I did get it confused its clicked once you said.

Anyway OP I personally would agree to work, tell your manager your bringing dc with you and do just that if you have to.

manchestermummy · 20/12/2014 11:44

Retail is a very difficult environment in which to work. I never had to juggle childcare with work there but the entire November - mid January was embargoed for leave. No exceptions. You also had to give three weeks notice for leave which although reasonable from a rota point of view was sometimes not possible. Woe betide you if you ended up in that situation (as I did once - for my postgrad viva of all things).

Op what isn't clear is for how long you have tried to get childcare. If you have been trying for months to no avail then it is different to trying to get something at the last minute.

Do your dc have any friends of theirs they can go to?

EdithWeston · 20/12/2014 11:49

Parental leave has to be taken in chunks of at least a week and dates must be agreed in advance. It is very unlikely that OP will have it approved this close to the dates she wants, especially as they will be hard to cover.

I don't think you could use the child-based emergency provision to cover this, as a shift pattern you've known about for weeks if not months does not count as an emergency.

I think your best bet, if there are really no friends/neighbours/classmates' parents you can ask a favour of (and I really wouldn't be shy about doing this, people are often delighted to be asked as long as you're not asking all the time), would be a nanny agency. It'll be ££, but that might be better than losing a job that suits well the rest of the year.

Original poster
BabaMomma · 20/12/2014 15:23

The rota was shown to us a day before I started this thread (11th Dec).
If I had any reason to believe I won't be granted the day off (even unpaid under whatever reason) I could have and would have look into it in detail.
But since we had an agreement from last year (when I was called last minute many times to help out here and there a few hours and also took on extra shifts to help out) I did not expect it to be an issue.
(each and every child is different plus as we have a fairly small circle of friends here my children aren't the kind who take to strangers easily. Especially for my older one it would be a small shock if I leave them with a stranger, a nanny.)

OP posts:
flowery · 20/12/2014 16:20

I don't understand. Earlier you said your normal working days fall over Christmas and all leave is refused over that period, and manager has known your problem for over two months, implying that you knew all along you would need to work and informed your manager two months ago that childcare would be a problem.

Now you say she guaranteed a year ago that you would be able to take time off over Christmas and only went back on that on 11 December.

Actually, I'm out. I don't think I have anything else to add to this thread.

CaroleLJ · 20/12/2014 16:27

The way I'm reading this is the OP hasn't organised childcare to enable her to attend work, and is looking for a non existent legal loophole to legitimise the time off. Every solution offered has been rejected.

The manager and the company are not being unreasonable here. They need staff in to cope with their busiest time in the year.

OP, if you don't want to go into work, then don't go. Just be prepared for the consequences. (I'm sure your colleagues who will have to cover for you will expect them).

Original poster
BabaMomma · 20/12/2014 17:09

Every September I give my management the term times of school to try to work out holidays, day swaps etc between us. Wherever I cannot have a day off I of course will arrange something and the only time the nursery is closed is from 24th December until the 2nd of January, Friday when the nursery reopens. So they were informed well in time. It worked in the past 2 years without any problem.
Until I have seen my rota I had no reason to believe I won't be able to take a day off. (As my other colleague is ALWAYS off on the 26th of December because her family lives the other side of UK and if she travels on the 24th there is no way to get back on time). Again, the 26th of December is just as mad when it comes to retail as sales begin on that day. I don't need it off every year, if I had known on time I must go to work I would without a doubt work something out.
The only thing I won't compromise on is the fact that I won't leave my children with a stranger to look after them.

OP posts:
CPtart · 20/12/2014 17:12

Why can't the children's father ring in sick?

LadySybilLikesSloeGin · 20/12/2014 17:19

Is there another sympathetic colleague who will swap with you? The nursery is closed for a long time, ds was at a private nursery and they were only closed on Christmas Day and Boxing Day (as well as New Year's Day).

Original poster
BabaMomma · 20/12/2014 17:23

I asked him if he could help out but the answer is no. I cannot do much about it as we depend on him a lot, financially and personally too. I can't afford to sour our "relationship" by arguing. (oh, yeah, another excuse)

OP posts:
LadySybilLikesSloeGin · 20/12/2014 17:26

Sounds familiar! Did you try one of the nursery nurses at your child's creche/nursery?

Original poster
BabaMomma · 20/12/2014 17:32

Everyone has to come to work on the 24th. Otherwise it wouldn't be an issue at all.
This is how our nursery operate. What can I do?

OP posts:
HaroldLloyd · 20/12/2014 17:36

Second ringing ACAS. What on earth do they expect you to do?

googoodolly · 20/12/2014 17:41

You cannot expect to take Boxing Day off because you refuse to use a babysitter, sorry. You have options, you just don't want to use them. Other parents have to use babysitters/nannies/agencies all the time, so it's perfectly reasonable for your workplace to expect you to do the exact same thing.

LadySybilLikesSloeGin · 20/12/2014 17:44

Christmas is shitty for retail staff Sad I work from home now (not in retail) but I remember pulling out my hair. You do have time to sort something out, sorry. The staff at the nursery will all know your DC and be CRB checked etc. Just ask around.

Original poster
BabaMomma · 20/12/2014 17:44

I didn't ask but it is a good idea! (and so obvious!)
Will give ACAS a call find out where I stand.
Thank you!

OP posts:
LadySybilLikesSloeGin · 20/12/2014 17:50

Good luck! Smile

LIZS · 20/12/2014 18:17

You were advised to do just that much further down ! Which is your other day , how are planning to cover that in the second week when nursery is still closed ? Yes they may have known your issue for 2 months but presumably you knew it well before then and could have already out such arrangements in place. If you sign a nursery contract which includes paying for 52 weeks even though they are not open the full time it is probably better to think of that as being spread across only, say, 50 weeks and budget for the other 2 separately. If their f won't take time off would he part fund the cost to enable you to work ?

Original poster
BabaMomma · 20/12/2014 18:58

The father of my children is off work that week, no problem.
I don't know how to explain if it isn't clear already : they known my issue A YEAR down the line. Last year I did far more than my fair share -especially as a part timer- of extra hours and last minute rearrangements as I was able to do it as I had help. And yes i did know it will affect my normal working days this Christmas. I wasn't expecting my name on the rota on that day. We had an arrangement with my manager.

OP posts:
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