Colleague "doesn't do paid childcare" how to deal with situation?

[Middlechild3]

New role, shift work, told it would be a 'fairly' stable pattern mostly a combination of 2/2/2 pattern per cycle, except when someone is on leave (and then less or no day shifts). Colleague has boasted about not having to pay for childcare ever despite both her and husband both working full time with shift work (different employers).This has been facilitated because she request shifts around her husbands roster unofficially and the person who does the roster gives them to her at the expense of her colleagues. This is going to mainly be me as we are opposing shifts. This means she will request say all late shifts meaning I would get stuck with all early shifts. This wasn't what I signed up to when I took the job but the emotional blackmail has started and I know she wants the arrangement she had with my predessor to continue. I really have no interest in her childcare woes and think she needs to get paid help in. She's been very lucky for so long but with new staff things will change and she must see this. How to deal with this diplomatically but firmly? to be clear this isn't an HR arrangement she has, she has just buttered up the man who does the roster over the years.

no doubt it will be even more inconvenient for them when she resigns.

Then they will have to review how they can legally commit to all the staff with contracts saying 2/2/2 and this shit taker, but I think endemic favouritism and bullying is not a legal claim. She says ‘my pattern works fine!’ Review says it does not work fine it requires substantial goodwill from other staff which has now run out. Your preferred working patterns are not suitable for our business. That’s a much much safer road for the employer than giving in.

The shit taker? Not really, if she pisses lots of people off they will have a morale improvement if they hire someone less entitled. That’s worth some inconvenience, I’d take that win if it were my team.

It's 'rota' more often than not in the UK. My wife works for the NHS and she says they say 'rota' not 'roster' in her hospital anyway...

I doubt they would want that to happen. They would rather make reasonable adjustments

They would have to prove bullying, which would require someone to make an actual complaint and if she has had this established partner for years, with no intervention from them unless she has very specific wording in her contract she absolutely could. And no they wouldnt unless all staff have had the same established shift patterns without variation over the same period. Which doesn't seem to be the case.

Which is why they clearly they have a shit HR and management team if someone hasn't considered this occurring never mind then telling a new employee that things are "a bit slack" who doesn't appear to be a management team member.

Her contract would say 2/2/2, and there’s been a clear message that with a fully staffed team they can normalise shifts, excellent legal grounds for contract enforcement. I’d consult of course but I know what answer I’d expect. I am not suggesting anyone make a formal bullying complaint or there is legal, evidenced grounds, I am saying I can see the behaviours, I manage people and I’d consult hr so I didn’t put a foot wrong but clearly reset shifts to be fair. If there was leeway within a fair roster to allow preferences I would because I am fair, but outside that I’d set balanced shifts and say this is how it is.
there is clear grounds for the op who they just hired to expect the contract to be accurate.

I would also review any associated policies and the code of conduct and think if they had sufficient clarity about handling this appropriately and get them updated if not. That’s something we have had to do before to handle repeated challenging behaviours. Of course if it’s the nhs that’s probably hard.

Your issue is with management not colleague. And FYI not everyone is going to know what 2/2/2 means

Don't blame you wanting a fair distribution of shifts.

I would just be aware of the legal principle of "custom and practise". I'm a little rusty on employment law but this basically means if a work practise has been allowed for a certain amount of time, it in effect becomes 'contractual'. For example one employer I worked for, required staff to do regular paid overtime, but for one week every 3 months, there would be no overtime so not to trigger "custom and practise". Your CF colleague's shift pattern may fall into this. Not directly your problem, if she invokes it, however you may have to live with the consequences, at least for a while. It is possible to change the custom and practise "contract" by giving notice, but this does require management to, you know actually manage and let's be honest, that's not their track record to date.

Good luck and keep half an eye on vacancies elsewhere...

This!

And not even "I need" but "I was under the impression".

The response will give you a true insight as to how people and situations are dealt with.

Not sure why you are getting such a hard time on this thread op. I’ve worked on and then managed a department on your pattern. The manager has totally let this slide. The person should apply for a proper FW request which would need to be assesed and either granted or not. They cannot just rely on as hoc shift swaps which shaft others who are also contracted to work the 222 and also have their own work life balance issues. The staff hand book is there for a reason so use what it says… her wlb issues don’t trump anyone else’s and can’t be accommodated at the expense of others or the business.

@MyGingerNinja probably because there's a lot of posters with the same approach to work as the OPs colleague. Prioritising their own wishes and expecting others to work around them.

Interesting point.

She explained it several posts ago.

It’s only selfish if it unfairly dishonours other colleagues’ work contracts. If it doesn’t impact other employees, what makes it wrong?

Then they need to be using the shift pattern they advertised the job to OP

Why did you reply never mind to a supportive poster? What they wrote was in support of you?

I agree with you but I really don’t get the never mind thing.

@Middlechild3 Will you come back and let us all know what happens? I think you're 100% in the right here, but given your predecessor left the company, it is possible they tried to get things changed and it failed.

I can hear how this is frustrating and unacceptable to you. How much do you need this job?

It sounds like management have been letting this fly to a long time and so it’s likely the colleague has them onside. In which case you might be in a situation where things get nasty and you have to leave. Obviously that’s not the legal or correct thing to happen but it might go that way. You’re new in the role and will have few protections. They have fucked up by offering you the 222 contract when in fact it isn't that. They could have advertised for an evening role for example.

clearly the colleague is used to having her way and won’t appreciate the challenge. She could get nasty too.

fwiw most of the mums I know who work shifts have bank contracts for the reason of being about to choose shifts around family commitments. I think your colleague is a bit of an aberration.

Agreed - the cheeky colleague really shot herself in the foot with the bragging. Unless youve got some unique characteristics that make you irreplaceable, a colleague pushing her weight about like this is a headache for management. After all, a high proportion of the workforce have young children - some who are single parents - and the OP should not be under any pressure to share her personal circumstances at work.

I think your approach is right, OP. Dont mention your colleague personally - just say you want to work the shift patterns as per your contract. Sounds like a lot of people are onto this situation now and want change.

Exactly. The colleague should find a better paid job that allows her to pay for child care, or take a cut in living standards and stop working/work from home.