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My rights around Christmas Day working

So I work in the social care sector and have been told it is likely that I will be working Christmas Day this year. I have a young daughter and have explained to my employer I am fine with working Christmas Day on an early shift (9-2) but would be unable to work backshift (5-10) because of issues with childcare. I have been told that I don’t get to choose, but my issue is that if I am rota’d in for a backshift on Christmas Day I physically can’t work it as I will have nobody to look after my child. Where do I stand with this and what are my options?:huh::huh:
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Comments

  • Loanranger
    Loanranger Posts: 2,439 Forumite
    Do a swap with a colleague, perhaps.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Your childcare issues are your own to sort. You work in a 24/7 365 job. Someone has to do it, and childless people should only do their fair share.
  • Where I work it's based on who had priority last year to be off as those now high to work this year. Only way to be fair, did you work last year?

    I will have trouble getting to work using the park & ride as employer doesn't have car parking, so been asked to park in town or find alternative means of travelling as issues outside of work isn't the employers covering. Despite having just over a week's holiday to use by 31st December - again employer can tell you when to take holiday, so I think any holiday will be asked to be had early to mid December before the crucial time which no one new to the company gets out off. That's the situation when and if you join a company so close to Christmas so here's hoping you done last year!

    I'm hopeful to be let go after January (surprised if last that long!) but when Christmas needs to be covered and we can't say we did last year! I'm not kidding myself. I do feel for the childcare issues but we'll all struggle to do the time so it's about taking the rough with the smooth else shift swap wherever possible or book holiday if that's allowed.
  • What does your contract say?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Mel321 wrote: »
    So I work in the social care sector and have been told it is likely that I will be working Christmas Day this year. I have a young daughter and have explained to my employer I am fine with working Christmas Day on an early shift (9-2) but would be unable to work backshift (5-10) because of issues with childcare. I have been told that I don’t get to choose, but my issue is that if I am rota’d in for a backshift on Christmas Day I physically can’t work it as I will have nobody to look after my child. Where do I stand with this and what are my options?:huh::huh:
    Your job is to comply with reasonable instructions, and turning up to work your shift is a reasonable instruction. So I'm afraid that you resolve this either by finding childcare or by negotiating with your employer. You have no right to tell them you won't work. Christmas Day has no special relevance - it's a working day like any other.
  • I'd also add that you catch more flies with honey than vinegar.


    Is it not possible to have a friendly word with the person doing the rota - having said that there's 8 or so weeks to go so perhaps it's a good thing they've given you plenty of warning so you can think of a back up plan
  • Some jobs have to be covered no matter what day it is. My daughter works in the care sector, and on a rota. She has had to work most Christmas days since starting work, and is not allowed to take a holiday or swap. It's hard, especially as she has a little one, but she knows that it is part and parcel of her job.

    You have time to arrange childcare, even though it may not be what you want to do. Is there any family, even if it means your child going to stay with them (if they live too far away)? Or maybe a family member could come and stay with you, so you can see your child on Christmas Day? What about the other parent? Maybe a close friend would be able to take your child whilst you are at work. Who is looking after your child during your earlier shift - can they help out?

    None are the ideal option, but at least you have time to sort something out. Obviously if someone is able to swap, or the shift can be changed, that is a better option for you, but if these are not possible, then you will have to make other arrangements for your child.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker Newshound!
    Your childcare issues are your own to sort. You work in a 24/7 365 job. Someone has to do it, and childless people should only do their fair share.

    Hear hear. Years back I was the only person in my team without children and I was forever having leave cancelled because "it wasn't fair to cancel leave for people who have families". Had me in tears once.:(
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    No rights its just another day.

    You could Resign so you last day is before then.
  • Undervalued
    Undervalued Posts: 9,780 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 24 October 2018 at 10:29AM
    Mel321 wrote: »
    So I work in the social care sector and have been told it is likely that I will be working Christmas Day this year. I have a young daughter and have explained to my employer I am fine with working Christmas Day on an early shift (9-2) but would be unable to work backshift (5-10) because of issues with childcare. I have been told that I don’t get to choose, but my issue is that if I am rota’d in for a backshift on Christmas Day I physically can’t work it as I will have nobody to look after my child. Where do I stand with this and what are my options?:huh::huh:

    Unless you can persuade you employer to change their mind your only options are to work the shift they require or resign.

    You need to understand that there is noting special in employment law about Christmas Day. Unless your contract gives you additional rights, an employer can totally dictate when you can and cannot take your holiday. So if they can require you to work a later shift on a "normal" day they can also require you to work the later shift on Christmas Day. Your childcare arrangements (or lack of them) are not your employer's problem.
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