I have just been fired because i did not work christmas day/today. Help?

Question

I started work at (not sure i should say the name) but a shop three years ago. When i was in the interview i asked them if they had any plans on opening Christmas Day? They said there were no plans at this time and asked why. I explained that I always attended Christmas service at the our local church on Christmas day (and Sundays). The manager said if they did they would happily work something out.

This year (jan 2010) they changed their policy and from December 25th 2010 they would be opening Christmas day and boxing day every year. As soon as he said this i went to the manager (the person who held my interview) and reminded them of what we spoke about in the interview. He said that he remembered and said seeing as the opening hours conflicted with the times the services were. I could work on new years eve and new years day as an alternative.

I agreed and forgot all about it. In November a new manager took over, and said we ALL had to work Christmas day unless we had a medical note and there was no ‘alternative’ days to work as they were short staffed. I told him about the last managers agreement and all i got back was “I don’t take on others agreements.”
Anyway this went on for a number of weeks until it got to December the 1st when I was told that “if i didn’t turn up for work i WOULD be fired” At this point i started looking for alternative work.(all of this was witnessed by other workers)

After two weeks of looking I decided to go and see the CAB (citizen advice burro) to ask where i stood. I was told that not only was it a public holiday and i had no contract that stated that i HAD to work Christmas days/boxing days, there was also a verbal agreement made between me and a representative of the company/shop. No company/shop could fire you if you are indeed taking the day off as a religious holiday and could prove you go to church every Sunday and holiday.(as long as you’re not just using it as an excuse in other words) I took this back to my manager and told him what the CAB person had said. To which i got “Look, If you don’t like it leave, we don’t need non team players here. Religion is not a good enough reason, You don’t have a good reason and if you don’t turn up your out, love.” I was reminded of this on the 22nd, 23rd and 24th. To each time i told him that i was in my right not to turn up.

Christmas day came and today I was called 16 times by my work/manager. I just picked up and before i could say hello i got “I warned you! Do not come in tomorrow and if you do you’ll be thrown out. Your fired. DONT come to me for a reference” and he put the phone down.
It angers me that in my workplace many other people with diff religion’s were given days off for their religious holidays (muslim and jewish co workers) also people were given unplanned days off to watch England play football in the world cup. Yet I am not entitled to have a ‘public holiday’ off so I can go to church. I understand that others don’t have the same beliefs as myself and i have never ONCE tried to push my views onto anyone else. I am very saddened that a place i have worked at for 4 years and planned to stay with for a long time to come has sacked me. I will call CAB tomorrow to find out what the next steps are.

Im worried as i am disabled and find it hard to find work as it is. it took me a year to find this job with a reference let alone a new job just after Christmas without a reference. Is there anything i can do about this? Thanks for any help you can give. Hope you all had a merry Christmas and an even better near year. – Bruce Walker.

Answer 1

I go to Church every Sunday, however, if my boss needs me to come in onece in a blue moon I will. They cater to your needs every week by giving you Sunday's off, the least you could do is come in when they really need you. Work is work, if you want a place to be run to suit your needs then start your own busines.

Answer 2

You should have gone to work if it's that hard for you to find a job. Also, it doesn't take all day to go to church.

Answer 3

Important detail you must include when telling this story to friends many years down the road: "I was warned off and on for almost a year that I had to be at work on Christmas day, 2010."



The store published a new policy in January, 2010 and a new manager told you the policy in November 2010, and you were warned at least three other times leading up to the event.



Not showing up for work with all of that notice that you must was, in my mind, the same as abandoning your job. I do not believe you have any legal recourse.



Time to look for another job.



- Stuart

Answer 4

In my 44 years in the labour market, I've yet to be unable to attend Christmas services AND show up for work (about 25 of those 44 Christmases) as scheduled. You knew the rules and made your choice. Since you didn't have a WRITTEN contract that guaranteed you specific days off, your termination was entirely justified.

Answer 5

Your ego and false pride cost you your Job. you should have just worked, and looked for another Job later. A 100 million people worked christmas day, all around the world. but you had to stand your ground, and lost your Job. now your crying about spilled milk. you knew what would happen you were warned. you really showed them suckers, in today`s work place it is Dog eat Dog. there is hundreds of people waiting to take your place. ( Job ). I don`t know what you wanted to hear, but this is what I think, and you did ask. sorry about your loss, and hope you find the perfect Job your looking for. bye

Answer 6

The simple answer is that you haven't been fired at all. You do seem to have been at the receiving end of some bullying and threatening behaviour from an obviously poorly trained manager.



I suggest you ignore anything said or done to the effect that you are sacked. You have posted in UK, so assume your are in the UK. No-one can sack you without due process. That usually includes investigating the reasons for your absence, if they believe you have disobeyed an instruction or breached your contract you MUST be invited to disciplinary meeting. They must consider all the 'evidence', allow you to be accompanied by a colleague or union official, and they must properly consider all that, and then write with their decision. They seem to have done none of this.



You have 3 years service so have full protection from unfair dismissal. You have a disability and may have picked on because of that. You have a religious belief and may have been picked on because of that too. To be honest, with good legal advice you could probably take them to the cleaners, and get them massive bad publicity too.



The reference is immaterial right now. At the moment you have not be dismissed, as I said. I suggest you make notes about all that has happened (roughly as per your question, but with more detail on dates if possible). Speak to the CAB solicitor as soon as you can - unless you are a union member.



Meanwhile write a grievance to your employer about the treatment you have had - mainly the threats and reaction to the CAB advice. Go to your GP and see if he will sign you off, and send in the sick note (keep copies of everything). Then ring to Head Office (or write) to tell them the whole lot. Say you would like them help resolve this problem because your manager seems confused about my rights and his authority.



They should withdraw everything and discipline your manager. Send me a private message if you wish, but you really need local advice. The links below have the basic facts you need.



Best wishes.

Answer 7

Play Frisbee with your son or daughter.

Answer 8

Instead of a sit-down meeting, ask your boss if it is possible to "talk and walk. "

Answer 9

Go shopping for new clothes—wriggling directly into 10 pairs of skinny jeans can get your heart rate up.

Answer 10

You must take Nick's advice he is absolutley correct in what he advises you to do.

The fact that you are disabled will add weight to any claim you make.

Good Luck.

Answer 11

Well Bruce the truth of the Matter is if you were asked to work and did not they probably have the right to fire you. Not to say you could not make a case on the basis of religion provided you can prove it was for that purpose alone. But, chances are this would be time consuming and expensive.



Sorry but that is my take on it,



Thanks



Stanley J. Fortenberry (SJ)

Answer 12

Plan active dates with your hubby, such as bowling or perhaps golfing, instead of dinner along with a movie.

Answer 13

Play Frisbee with young kids.

Answer 14

This is religious discrimination, you gave the store plenty of notice. The new manager is Scrooge and should not be working for the store, who put him in charge? Can you file for unemployment benefit on religious discrimination. This is what I would do and not even consider using them for a job reference. Many companies are hiring new managers and then they go and fire there better employees. They are working with few employees now so this make it even worse. Who suffers is the customers, but i would asl put the word out for people not to shop at this store and I would call and make a complaint with the corporate office. Best Wishes.

Answer 15

Host a party—the cleaning and prep work can keep you off the couch.

Answer 16

look bab...ignore all the stupid replies from people on here bitching with nothing better to do.. i did not have to read all of your message, and already i know u have been sacked illegally. On an application form, they use the term 'equal opportunities' regarding ethnic etc.. if you stated u were christian/catholic.. this is all they should need! You do not NEED to give proof of going to church,myself being a catholic i KNOW. just like the next muslim does not go into expression when praying on lunch breaks etc.. i advise you to deal with ACAS, they should put you in the right direction. oh and go tell your new manager to go DO ONE!! merry xmas :)

Answer 17

If it's not on a contracted day, you don't have to work it, and you could sue for unfair dismissal.

He's making you leave on your own accord so that it looks like he hasn't fired you. turn up for work and ask for your dismissal and reasons to be in writing, don't let them get away with it.

I would NEVER work on christmas day!

Speak to the ombudsman