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

RedHitman

Comms69 said:

RedHitman said:

Comms69 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...

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)

It's not about being "chosen". We are all on the same contract, yet some people dictate when they will and won't work. If 80% of the staff are able to refuse to work certain hours, then why can't I? It's completely unfair that I'm expected to do the hours that people refuse to do.

Yes it's unfair, but it's not illegal. You arent being chosen to work those shifts because you're a man. 

I feel like it's that. Because all the other people who have refused are female parents. I'm a male parent but I have to?
If it's not discrimination (which is fine - I wanted to know what the word possibly was) then what is it? It's unfair; so surely they can't allow some people to dictate their hours despite what their contract says and then make others work who are also in the same situation (have young children). What make's the female's needs more important than mine?

[Deleted User]

It comes down to assertiveness - lord knows I've been guilty of not having it and needing a refresh. I remember an all day Helpdesk where some people got the pattern they wanted and some didn't on induction, eventually problem solvers had to get involved and devised a fairer rolling rota pattern.

oh_really

RedHitman said:
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.

So which is it, out of the question or happy to do share?

If your going to take your employer to task make your position clear and arguable.

Diamandis

Are they working those hours for childcare reasons? If they don't have childcare after certain times that would be very different to just wanting to be home early from part time work. If you really have an issue with it you need to raise it though, let them know you're unhappy and offer comprises, maybe you do it one week and someone else does it another etc. 

RedHitman

oh_really said:

RedHitman said:
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.

So which is it, out of the question or happy to do share?

If your going to take your employer to task make your position clear and arguable.

Yep you're right. But before I either compromise or refuse, I just wanted to understand what my rights were.

RedHitman

Diamandis said:

Are they working those hours for childcare reasons? If they don't have childcare after certain times that would be very different to just wanting to be home early from part time work. If you really have an issue with it you need to raise it though, let them know you're unhappy and offer comprises, maybe you do it one week and someone else does it another etc. 

There are a couple of the females who don't work an evening because they are parents, yes. But there are also another handful who are younger/aren't parents that simply don't want to work them and have refused.

Undervalued

Diamandis said:

Are they working those hours for childcare reasons? If they don't have childcare after certain times that would be very different to just wanting to be home early from part time work. If you really have an issue with it you need to raise it though, let them know you're unhappy and offer comprises, maybe you do it one week and someone else does it another etc. 

No.

"Childcare reasons" doesn't in itself give any extra legal rights  beyond maternity and initial parental leave rights. Any employee has a legal right to "short" periods of unpaid leave for "emergency" situations involving a dependent (doesn't have to be a child) but that is it.

An employer can totally dictate when holidays can be taken and there is no right (unless contractual) to leave during school holidays just because you have a child.

Comms69

RedHitman said:

Comms69 said:

RedHitman said:

Comms69 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...

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)

It's not about being "chosen". We are all on the same contract, yet some people dictate when they will and won't work. If 80% of the staff are able to refuse to work certain hours, then why can't I? It's completely unfair that I'm expected to do the hours that people refuse to do.

Yes it's unfair, but it's not illegal. You arent being chosen to work those shifts because you're a man. 

I feel like it's that. Because all the other people who have refused are female parents. I'm a male parent but I have to?
If it's not discrimination (which is fine - I wanted to know what the word possibly was) then what is it? It's unfair; so surely they can't allow some people to dictate their hours despite what their contract says and then make others work who are also in the same situation (have young children). What make's the female's needs more important than mine?

You seem to think employment needs to be fair. it doesnt. 

You dont have to put up with it, simply find a different employer. 

Sea_Shell

Are you still just expected to do your 25 hours, or does it involve overtime.

If just your 25, who's covering the earlier hours that you would normally work?

theoretica

Who has been doing those hours and how little did they like it? Who will be doing the other days when you don't work? 

From what you say (others just refuse, I'm sure I won't be allowed to refuse) I wonder if the employers have nominated you as the person most likely to do the hours rather than resign when assigned them.  If your colleagues feel strongly enough about not working these hours that they would resign rather than do them then there is of course no way to make your colleagues do them.