Being forced to work hours that others refuse. Is this discrimination?

RedHitman

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

[Deleted User]

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

 Discrimination , not unless you are being chosen for those shifts because of your protected characteristics. Sex, age, religion, race, sexuality etc.

 Targeted because you haven't argued back and just done the shifts, maybe. 

RedHitman

_shel said:

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

 Discrimination , not unless you are being chosen for those shifts because of your protected characteristics. Sex, age, religion, race, sexuality etc.

 Targeted because you haven't argued back and just done the shifts, maybe. 

I’m male. All the people who’ve refused/can’t work are female and are parents. I’m male and a parent, so why am I different?

I’ve never done them thus never had to argue back. This is the first time. But from past experience I know what the reply is going to be!

Undervalued

RedHitman said:

_shel said:

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

 Discrimination , not unless you are being chosen for those shifts because of your protected characteristics. Sex, age, religion, race, sexuality etc.

 Targeted because you haven't argued back and just done the shifts, maybe. 

I’m male. All the people who’ve refused/can’t work are female and are parents. I’m male and a parent, so why am I different?

I’ve never done them thus never had to argue back. This is the first time. But from past experience I know what the reply is going to be!

But can you prove that is the reason?

It may be that you have agreed to a contract that requires you to work these hours and they haven't? The first question is what is in your terms and conditions? Then, although you have no legal right to this information, what are the other employees terms?

IF you are all on similar terms then you MAY have a case.

Undervalued

RedHitman said:

_shel said:

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

 Discrimination , not unless you are being chosen for those shifts because of your protected characteristics. Sex, age, religion, race, sexuality etc.

 Targeted because you haven't argued back and just done the shifts, maybe. 

I’m male. All the people who’ve refused/can’t work are female and are parents. I’m male and a parent, so why am I different?

I’ve never done them thus never had to argue back. This is the first time. But from past experience I know what the reply is going to be!

But can you prove that is the reason?

It may be that you have agreed to a contract that requires you to work these hours and they haven't? The first question is what is in your terms and conditions? Then, although you have no legal right to this information, what are the other employees terms?

IF you are all on similar terms then you MAY have a case.

Comms69

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

You arent being chosen because you're a man. 

Someone has to work it, it's you. Obviously if you dont like it, you are free to quit (and try make a claim - but it'll no doubt fail)

Dox

RedHitman said:

I’ve never done them thus never had to argue back. This is the first time. But from past experience I know what the reply is going to be!

If this is the first time, what relevant past experience have you got to draw on? 

warby68

Presumably as you only work 25 hours pw this won't be every day of the week  and/or there will be other family friendly times when you aren't working so it will be harder to argue the family commitment angle. 2 and 4 y old will be in bed long before your 9pm offer so it does sound more like just a preference and a grump about what others get. I'd be careful how you present your reasons to your employer. Appreciate there may be more background and that I am just going on first impressions.
Its check your contract and have a polite conversation about what is prompting the change, whether can you express preferences for your shifts and will it be longer term?  Then you can think about next steps.
Employers don't have to treat employees the same and contracts can differ. Its not inherently wrong to choose you and not others. 

TELLIT01

If you can prove that the only people required to work late are men then you may be able to prove discrimination on the grounds of sex, but unless you are prepared to take that to tribunal it's going to be an empty victory.  I have to agree it used to **** me off big time when women with children were given preferential treatment over holidays etc at a number of places I worked.  When the subject was raised the answer was always "They have children to look after".  My view is that it was their choice to have children and I don't see why my life should be disrupted because of life choices made by others.

Comms69

TELLIT01 said:

If you can prove that the only people required to work late are men then you may be able to prove discrimination on the grounds of sex, but unless you are prepared to take that to tribunal it's going to be an empty victory.  I have to agree it used to **** me off big time when women with children were given preferential treatment over holidays etc at a number of places I worked.  When the subject was raised the answer was always "They have children to look after".  My view is that it was their choice to have children and I don't see why my life should be disrupted because of life choices made by others.

Thats true and a fair point, but ultimately it's up to the employer who they value more. 

RedHitman

Undervalued said:

RedHitman said:

_shel said:

RedHitman said:

I’ll try to keep this short; I work part-time (25 hours a week) and my employer’s operating hours are from 7am to 10pm, 7 days a week (England). I work a range of hours between these times but I’ve never worked past 8:30pm (been an employee over 5 years) as I’ve never been needed. I have two young children (4 and 2) and I’ve started to be rota’d in working until 10pm which means by the time I’m home, showered and in bed it’s gone 11pm and is just far too late and is just out of the question.

My issue is the following; if all staff were expected to work until this time on a rota system then I’d be absolutely fine with it and happy to do my share. But out of 10 staff members, I can name at least 6, maybe 7, who refuse to work past 6pm, never mind until 10pm!

So I’m about to speak to my employer about not working until 10pm (I’ll work until 9pm to help, but 10pm is just too late).... and I already know they’re going to tell me I have to do it because it’s in my contract etc.

What I want to know/understand is if they tell me I HAVE to do it, how is my request to not work until that time due to family issues any different from all the other staff members who refuse to do it and don’t do it? Am I being discriminated against? Is that the right word?

Thank you in advance...

 Discrimination , not unless you are being chosen for those shifts because of your protected characteristics. Sex, age, religion, race, sexuality etc.

 Targeted because you haven't argued back and just done the shifts, maybe. 

I’m male. All the people who’ve refused/can’t work are female and are parents. I’m male and a parent, so why am I different?

I’ve never done them thus never had to argue back. This is the first time. But from past experience I know what the reply is going to be!

But can you prove that is the reason?

It may be that you have agreed to a contract that requires you to work these hours and they haven't? The first question is what is in your terms and conditions? Then, although you have no legal right to this information, what are the other employees terms?

IF you are all on similar terms then you MAY have a case.

I can't prove it, no. Which is why I'm asking if I'm using the right word. But there is definitely a bias towards the female staff being able to dictate their working hours.

The company is a small company and the owners are a little older (lets say) so I helped them with all policies and procedures paperwork since I arrived as I have experience in HR. I wrote the contracts. I wrote the staff handbook. I wrote the T&C's. We're all on the same - but some people pick and choose what they do whereas I've been the good guy and done whatever is best for the business.