Advertisement
Where is Report Post on mobile? We've made a slight change, see here
Have your say on the future of the 'Save Draft' feature in this poll
MODs please see this information notice in the mod's forum. Thanks!
How to add spoiler tags, edit posts, add images etc. How to - a user's guide to the new version of Boards

Employer forcing me to work over Christmas

2456789

Comments



  • exactly- you only have one mother! call in sick and don't stress over it!




  • I actually applied for Christmas off back in January but I didnt know old emails automatically delete after three months so I could not prove it but I just accepted that

    That is strange, a retention policy of only 3 months. Have you asked IT can you get a copy?




  • elderberry wrote: »
    No it's not, should be double pay.
    Incorrect.

    The entitlement for public holidays is a paid day off in lieu or to be paid for the day (on top of the hours you've worked).

    The latter is not actually double pay - you get paid based on your average hours over the last 8 (?) weeks. So if you do 12 hours on Xmas day, but your average day is 8 hours, then you will be paid 20 hours, not 24.

    Or you'll be paid 12 hours and given another paid day off.

    In this case the OP is being paid 1.33 per hour, and presumably getting a day in lieu as well. Which is crap; the only time I ever worked Xmas day I got triple time plus a €200 bonus; but it's not illegal.




  • Theres only Three per team per building and they already has it booked off

    When had they booked it off ???




  • Really feel the pay is a non-issue, even if the OP was getting pay x10 their normal wage they'd not want to work for clear reasons as outlined.


  • Advertisement


  • Its pretty standard to be paid 3x plus the 8 hour holiday pay for working xmas day.I have worked a few of them for different security companys and always recieved 42 hours for the 12 hour shift.

    Its unfortunate that you work for one of the many companies in the industry who couldnt give a **** about there staff.

    You would mad to work it for the rate they are offering




  • The OP did not know. I'm assuming some people have the days off so OP didn't know they would be working those days. They asked what is happening and the employer only replied today which is less that 14 days before the public holiday. Going by what is in the link I posted above, after the OP asked (whether that was in January or November) and the employer did not reply until today, so that would entitle them to the days off as a paid day off.


    I think that extract you link to deals with the workplace telling you which of the four possible arrangements will be applied by the employer. If they don't tell you, then the default is a day off. However, if her contract contains specifics of how they deal with bank holidays, then I think the default wouldn't apply.




  • Hi Op,




    I wonder would you consider the Force Majeure Option.


    See below; It would seem that on a sympatheic reading you meet the criteria. It is taken from = > http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html



    I understand that it may cause difficulty for another member of staff but it may not and your employer may decide not to bring anyone else in.


    All the best,

    Kevin




    Force majeure leave

    If you have a family crisis the Parental Leave Acts 1998 and 2006 give an employee a limited right to leave from work. This is known as force majeure leave. It arises where, for urgent family reasons, the immediate presence of the employee is indispensable owing to an injury or illness of a close family member.
    Force majeure leave does not give any entitlement to leave following the death of a close family member.
    A close family member is defined as one of the following:
    • A child or adopted child of the employee
    • The husband, wife or partner of the employee
    • Parent or grandparent of the employee
    • Brother or sister of the employee
    • Person to whom the employee has a duty of care (that is, he/she is acting in loco parentis)
    • A person in a relationship of domestic dependency with the employee
    • Persons of any other class (if any) as may be prescribed
    The maximum amount of leave is 3 days in any 12-month period or 5 days in a 36-month period. You are entitled to be paid while you are on force majeure leave - see 'How to apply' below for more details. Your employer may grant you further leave.
    You are protected against unfair dismissal for taking force majeure leave or proposing to take it.




  • She's already used her force majeure entitlement.




  • Hi Op,




    I wonder would you consider the Force Majeure Option.


    See below; It would seem that on a sympatheic reading you meet the criteria. It is taken from = > http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html



    I understand that it may cause difficulty for another member of staff but it may not and your employer may decide not to bring anyone else in.


    All the best,

    Kevin




    Force majeure leave

    If you have a family crisis the Parental Leave Acts 1998 and 2006 give an employee a limited right to leave from work. This is known as force majeure leave. It arises where, for urgent family reasons, the immediate presence of the employee is indispensable owing to an injury or illness of a close family member.
    Force majeure leave does not give any entitlement to leave following the death of a close family member.
    A close family member is defined as one of the following:
    • A child or adopted child of the employee
    • The husband, wife or partner of the employee
    • Parent or grandparent of the employee
    • Brother or sister of the employee
    • Person to whom the employee has a duty of care (that is, he/she is acting in loco parentis)
    • A person in a relationship of domestic dependency with the employee
    • Persons of any other class (if any) as may be prescribed
    The maximum amount of leave is 3 days in any 12-month period or 5 days in a 36-month period. You are entitled to be paid while you are on force majeure leave - see 'How to apply' below for more details. Your employer may grant you further leave.
    You are protected against unfair dismissal for taking force majeure leave or proposing to take it.




    Thank you, just so I understand correctly, I have already taken three days of force majeure leave in the last three months, does this mean I am entitled to another two ?


  • Advertisement


  • Thank you, just so I understand correctly, I have already taken three days of force majeure leave in the last three months, does this mean I am entitled to another two ?

    No, you've taken 3 in a 12-month period, you're not entitled to any more.




  • Also, "for urgent family reasons, the immediate presence of the employee is indispensable".

    "It's Christmas" doesn't count. Her mother can survive without her.

    Companies are often very loose on allowing force majeure leave, but in the strictest sense of the law it's really only supposed to be for circumstances where a family member is in serious sh1t and you need to get to then straight away.




  • The OP did not know. I'm assuming some people have the days off so OP didn't know they would be working those days. They asked what is happening and the employer only replied today which is less that 14 days before the public holiday. Going by what is in the link I posted above, after the OP asked (whether that was in January or November) and the employer did not reply until today, so that would entitle them to the days off as a paid day off.

    I'm guessing it would have been taken that she was rostered in unless she got a holiday and not assuming she was off because Mon to Fri are her usual hours.

    Iv worked for 2 different security companies over the years, and it was always taken as if you were rostered in, that was it until something was organised to get you off, same with bank Holidays. If you were lucky, some young student would be happy to swap! Also in both, because they were 24/7, Mon to Fri day shift would be the best one going, no weekends for the year unlike someone on a rolling shift. So unfortunately that also comes with cons of Bank Holidays, possibly Christmas too.

    It's unfortunate but someone has to work, everyone has their own reasons that are important to them. Every single year, there's arguments from Jan almost as to who is working, but years are mostly alternated, also if you are working Christmas eve/day,you can be off for Stephan day and the next. The companies have always tried their best but you can't please everyone unfortunately.

    We get triple time and a days holiday so that softens the blow massively 😅




  • seamus wrote: »
    Also, "for urgent family reasons, the immediate presence of the employee is indispensable".

    "It's Christmas" doesn't count. Her mother can survive without her.

    Companies are often very loose on allowing force majeure leave, but in the strictest sense of the law it's really only supposed to be for circumstances where a family member is in serious sh1t and you need to get to then straight away.

    The OP's Mam was diagnosed with cancer, I don't know if the mother has the all clear, and I hope she has, but I can definitely side with the OP on this. The employer could possibly do without the OP for the week of Christmas, let the OP take unpaid leave at the very least.

    I hate to say this and I would never do this but call in sick and get a doctors note.




  • Elmo wrote: »
    The OP's Mam was diagnosed with cancer, I don't know if the mother has the all clear, and I hope she has, but I can definitely side with the OP on this. The employer could possibly do without the OP for the week of Christmas, let the OP take unpaid leave at the very least.

    I hate to say this and I would never do this but call in sick and get a doctors note.

    Not very considerate of his/her fellow colleagues who may have their own family dramas going on, who will be called in on their day off on Christmas Day to cover the shift.
    Very selfish imo.

    I have been the person who was called in, and I didn't appreciate it one bit.




  • Call in sick OP.




  • SusieBlue wrote: »
    Not very considerate of his/her fellow colleagues who may have their own family dramas going on, who will be called in on their day off on Christmas Day to cover the shift.
    Very selfish imo.

    I have been the person who was called in, and I didn't appreciate it one bit.

    If you have family reason for not working, you should plan for this, and that includes on call work, because that would be very in considerate for both the work place and colleagues who end up in an emergency and can't get to work.

    If your not on call, don't answer your phone for work on your days off. Simple.

    As I said I wouldn't do this, but I don't see any other option for the OP. The nuclear option is to quit, not very considerate at all.




  • You've said yourself OP the place is toxic - you need to get out.

    Go to a doctor - get a sick note, take the whole of Christmas off and fúck them - they'll magically find cover when they need too.

    They'll know you're lying of course, but they can't do anything about it.

    It won't be too pleasant when you go back, but just suck it up and stay there until you find a new job - if you put your mind to it, it won't take you too long.

    Life's too short to put up with shít like that!




  • Elmo wrote: »
    The OP's Mam was diagnosed with cancer, I don't know if the mother has the all clear, and I hope she has, but I can definitely side with the OP on this.
    I absolutely side with the OP on this. In her shoes I'd be inclined to just tell them I won't be in and deal with the consequences.

    But the law is not on her side. There's no legal loophole she can use here to get her out of work next week.




  • Elmo wrote: »

    As I said I wouldn't do this, but I don't see any other option for the OP.

    Go to work?


  • Advertisement


  • Elmo wrote: »
    If you have family reason for not working, you should plan for this, and that includes on call work, because that would be very in considerate for both the work place and colleagues who end up in an emergency and can't get to work.

    If your not on call, don't answer your phone for work on your days off. Simple.

    As I said I wouldn't do this, but I don't see any other option for the OP. The nuclear option is to quit, not very considerate at all.

    They did plan for it, that's why they are on annual leave and OP is scheduled to work.

    The irony of you saying the colleagues should have arranged not to be on sick cover if they want the day off, while actively encouraging the OP to pull a sicky isn't lost on me.




  • jack the job in, look for a new one in the new year, plenty of work out there at the moment. life is too short for that sh1t




  • SusieBlue wrote: »
    They did plan for it, that's why they are on annual leave and OP is scheduled to work.

    The irony of you saying the colleagues should have arranged not to be on sick cover if they want the day off, while actively encouraging the OP to pull a sicky isn't lost on me.

    From what I can see the OP did plan and asked for the time off.

    If you are on sick cover and end up sick, the company would have to deal with that also, but if you were the OP and need time off and knew but opted for on-call cover you'd be in the wrong to think you won't be called in.

    If you are annual leave as I said, you don't pick up the phone from work, your on annual leave, let the on-call person deal with that.




  • seamus wrote: »
    I absolutely side with the OP on this. In her shoes I'd be inclined to just tell them I won't be in and deal with the consequences.

    But the law is not on her side. There's no legal loophole she can use here to get her out of work next week.


    Legal, no technically not I suppose. But she absolutely can take the whole of Christmas week off if she really wants to and the only thing it will cost her is a weeks wages, the cost of a doctors visit and an unpleasant work atmosphere (which she already has by the sounds of things)

    Screw them OP - prioritise yourself over your job every single time.

    I say this as someone who doesn't take sickies, but that's purely because I've been fortunate enough to not have to. Should the day ever arrive where I have to spin a doctor an auld yarn to get a week or two off, that's precisely what i'll do!




  • prioritise yourself over your job every single time.
    This. Jobs come and go. Family are more important than money.

    Let's get morbid for a second OP, I apologise in advance;

    If things were to turn out for the worst next year, would you rather remember that you stayed in Dublin over Xmas in order to keep your job, or that you told your job to stuff it so that you could home and spend Xmas with your mother?

    You already know the answer to this, I'm just trying to put it in perspective. You don't need this job that much.

    You tell your boss, "I am going home on Sunday night and I'll be back in work next Thursday". He can't physically force you to stay, so just do it.




  • "This. Jobs come and go. Family are more important than money."
    spot on.




  • OP you should do whatever is best for yourself but frankly I don’t think the employer has done anything wrong. It sounds like they did right by you during the year and your no more entitled to Christmas Day off than anyone you work with. If it really doesn’t suit you don’t do it and deal with the consequences afterwards.




  • Call in sick for three or four days, go to the doctor, tell him you're suffering from the stress that this is all causing you and get a note from him. They can't touch you then.




  • Call in sick for three or four days, go to the doctor, tell him you're suffering from the stress that this is all causing you and get a note from him. They can't touch you then.

    They can always do something, they will drive her out by giving her terrible shifts.


  • Advertisement


  • It's very naive to think that there will be no consequences further down the line for an employee who blatently messes their employer around like this. Do you really think the magic sick note means they won't know what you have done?

    Take the day off if you want, but I would have a damn good think about your future in that company if you do.


This discussion has been closed.
Advertisement