Interviewer lied to me; in a tight spot.

I recently applied to work at a supermarket. I completed my interview in late September and was asked back for an induction, which concluded today. During the interview, I was told that I would not have to work on Christmas Eve and Boxing Day unless I wanted to. I replied that this was perfect, as I have family just over one hundred miles away and Christmas is a massive thing for them (and me); I'd be crucified if I didn't go home, moreover, as I'm in couple's accommodation and my partner is going home, I'd be left alone ... in a city I don't know ... in a dark flat ... for the entirety of December. For context, this is my first time alone, I don't have any friends up here or anybody who's willing to spend Christmas with me, my grandparents are too physically disabled to come and see me, and I spend most nights crying myself to sleep because of homesickness (pathetic, I know, but not quite as pathetic as this-).

My induction has been completed over two days, each 9-5. Today, at around half 3, I asked the woman who is going to be my manager about Christmas hours, and she told me that if I did not work Christmas Eve and Boxing day then she would have to fire me then and there. I would not have taken the job if I had known about the actual Christmas hours. I guess it's common sense, but as I come from a tiny rural town that pretty much shuts down Christmas week and have never worked in retail before, I hadn't really considered the practicalities of a Temp. I just want to say that the job I applied for wasn't Christmas cover -- or wasn't overtly listed or explained as such. It wasn't broached in the interview, either.

I absolutely do not want to be left alone, so far away from everybody, for the entirety of December. My first shift is four hours in the evening, tomorrow and I'd like to get everything sorted before then.

The job would have paid me £500 a month, for three months. As I'm going to university next September, that would have been invaluable. Some advice I've been given is: Work until December, and then stop showing up. Which is?? Incredibly immature and I'm also worried I'd end up in legal trouble. I've also been told to quit tomorrow. And then of course, I can just man up and face it. The only problem is that I haven't seen my family since I left home and next year I'll be even further away with no guarantee that I'll be able to get back at all (I'm going to Bournemouth and would have to rely on the coastal trainlines, which were famously wiped out by storms last year). There's no doubt in my mind that I can work next year and make the funds I need.

What would you do in this situation?

Reply 1

Friffinghell

Original post by langfords

Take the job- quit at the start of december and tell them that they gave you misleading information at recruitment.

Just don't expect a reference.

Reply 2

Crumpet1

Or there's a fourth option. Tell the manager that at the interview you were told that you would not have to work Christmas Eve and Boxing Day, and that was agreed at the interview. Say that you are keen to do the job, but your family does not live in this area, so you will not be here for Christmas. Say that you would far rather be straight up with them about this, than to do something like take the job then quit in December. Say that if they can work with that then you will be delighted to start as soon as they like.

The worst that could happen is you don't get the job (which will make you no worse off than if you resigned). On the other hand the manager may decide that in the circumstances it is better to have you (even if not for Christmas) and you will have the job.

(edited 6 years ago)

Reply 3

langfords

Original post by Friffinghell

Take the job- quit at the start of december and tell them that they gave you misleading information at recruitment.

Just don't expect a reference.

Can you quit on a fixed term contract? I've also got a uniform to hand back, so that might make things I bit awkward.

Reply 4

Friffinghell

Original post by langfords

Can you quit on a fixed term contract? I've also got a uniform to hand back, so that might make things I bit awkward.

Just hand it back. You can't stop somebody from quitting. Do it after your last payday.

Reply 5

Ethan9133

Check what your contract says about holidays/bank holidays.

Reply 6

langfords

Original post by Ethan9133

Check what your contract says about holidays/bank holidays.

It doesn't say anything, which in itself is a little off? I had to ask and was told that there is absolutely no holiday time in December, no exceptions.

Reply 7

artful_lounger

Universities Forum Helper

Normally they ask you when applying if there is any holiday you have/need pre-booked - this is where you state you have Christmas already booked off. If they hire you after you agree to this then they can't do anything, but if they just say "oh there isn't a requirement to work then" and then ask you to work, it's murkier.

Take it to HR, and if it's an issue do as above and just leave at the start of December.

Reply 8

Ethan9133

Are you on a zero hour contract or is it a normal contract. I don't think your employer has to give bank holidays as automatically part of your annual leave if it's in your contract.

Reply 9

Ethan9133

Also this is a link to a government website about it
https://www.gov.uk/holiday-entitlement-rights

Reply 10

username2911200

Original post by langfords

Can you quit on a fixed term contract? I've also got a uniform to hand back, so that might make things I bit awkward.

Yes you can quit, just don't expect a reference from them. Technically they could sue you at an employment tribunal for breach of contract, though you're more likely to win the lottery than them doing that. The time, effort and money it would cost them to do that is not worth the pittance they'd gain out of a tribunal that it's not worth them going to the trouble. Just don't expect to work for that company ever again.

Reply 11

bones-mccoy

The worst they can do is give you no reference or a bad one if you leave abruptly

You were given misleading information during your interview so the company has no one to blame but themselves

I'm in a similar situation in that I started a new job in Sugust and when filling out the application form I ticked the box which said I wouldn't be able to work Christmas Day. They've already been messing up my shifts (for example, next week I've been given 40 hours when I'm supposed to be part time) so I wouldn't be surprised if they put me on Christmas Day as well. If that's the case, I will literally just leave.

Reply 12

doodle_333

If you think the manager might be reasonable tell her you were explicitly told you didn't have to work on Christmas and so you're not able to - but be aware they may fire you. TBH if you need the money I would just work and quit right before Christmas. They won't do anything about it, you just won't have a reference - but you won't find another job to cover this time period now so it hardly matters for your CV whether you get fired now or quit 2 days before Xmas - you just don't list the job on your CV. I wouldn't feel too guilty given you were clear in the interview.

Reply 13

MissLauren

I'd work until December and hand in my resignation then. Assuming your notice period is a week, hand it in a week before you intend to leave for Christmas. There is absolutely nothing they can do about it. If you do a good job while you are there, you show up on time etc, they cannot give you a bad reference. Resigning before Christmas is not a good enough reason to give a bad reference. And if you're still worried they will give a bad reference, just don't put them down as one for future jobs. Its honestly not a big a deal as you think it is. I got a job at Tesco a few years ago, did one shift, hated it. Rang in sick for the next shift and then handed in my resignation. It doesn't even go on my CV. Supermarkets have a high turnover of staff and they probably won't even remember you in a few months.

Reply 14

GiantKiwi

She has no legal grounds to fire you for not being able to work those days, so I wouldn't worry about it. If she does attempt to do so anyway, just go over her head to the head of operations, and state what you were told during the interview regarding christmas because it's false representation otherwise.