Working Christmas Day???

hmscharlie

Hi folks,

Can anyone tell me if your employer can insist that you work Christmas Day? I work in a hotel, and for the first time ever, the hotel have decided to open over Christmas. It is also my first experience of having to work Christmas Day. Does anyone know if I HAVE to work? Can I refuse????

drunkmonkey

I'd be putting in a holiday request first thing tomorrow.

chappy

You can be rostered to work just like any other bank holiday

hmscharlie

My only problem with a holiday request form is, its exactly that, a request. And I know for certain that is one request that won't be granted

Grrr, I'd a feeling someone was going to say that!! I'd had a little look on some of the employee rights websites and they were saying that but in a very roundabout manner. Thanks for your help guys!! Looks like Christmas is cancelled so :-(

eurokev

probably dont have to. You will have to refer to your employment contract. Iv worked a few xmas days. To be honest its not a big deal, unless its a really long shift, treble time too:). Thousands of people work that day so I would assume theres no law, could always say your travelling away or something if you really dont want to, but probably will go against you in the long run. No one can insist you have to do anything unless stated in a contract

28064212

Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

* A paid day off within a month of the public holiday
* An additional day of annual leave
* An additional day's pay
* The nearest church holiday to the public holiday as a paid day off

The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

Source

Unless your contract specifically states you will not work Christmas day, you can be rostered to work. If you refuse, it will be treated as you refusing to work on any 'normal' day, and excuses are much less likely to work without cast-iron proof. There's a good chance you'd lose your job for it

bbam

28064212 wrote: »

There's a good chance you'd lose your job for it

Actually no, well unless you're already in the disciplinary system or have a serious history, if you called in sick it can't be weighted more because its Christmas and the usual disciplinary would have to be used, I've had this issue with an employee in the past who decided the disciplinary was less of a problem than working Christmas day ..
That said if you were on probation or less than two years in the position it would be a very risky move and may find yourself out of work..

I've worked lots of Christmas days and it's the sh1ts, but that's real life, we don't always get what we want..

To be honest I would uually ask for volunteers to work and then slip them 2 extra days holidays in the new year... Once people realised this there are always those short on days willing to fall on the grenade

Clauric

28064212 wrote: »

Source

Unless your contract specifically states you will not work Christmas day, you can be rostered to work. If you refuse, it will be treated as you refusing to work on any 'normal' day, and excuses are much less likely to work without cast-iron proof. There's a good chance you'd lose your job for it

I would argue that the opposite is the case. Unless your contract of employment says that you maybe required to work on Saturdays, then they should ask you to work that they. This is due to Christmas falling on a Saturday this year, and the Public Holidays (also a Bank Holiday) falling on Monday and Tuesday this year.

As a previous poster said, volunteers should be ask for, going on family needs, and length of service. As for a disciplinary issue, it really depends on the company, the type of work involved, and what is written in the contract.

SteelyDanJalapeno

bbam wrote: »

Actually no, well unless you're already in the disciplinary system or have a serious history, if you called in sick it can't be weighted more because its Christmas and the usual disciplinary would have to be used, I've had this issue with an employee in the past who decided the disciplinary was less of a problem than working Christmas day ..
That said if you were on probation or less than two years in the position it would be a very risky move and may find yourself out of work..

I've worked lots of Christmas days and it's the sh1ts, but that's real life, we don't always get what we want..

To be honest I would uually ask for volunteers to work and then slip them 2 extra days holidays in the new year... Once people realised this there are always those short on days willing to fall on the grenade

I was rostered to work a few years back on christmas day in a call centre,

I just called in sick, there was no problem, although i did not have any other disciplinary issues,

bbam

Horgan wrote: »

I was rostered to work a few years back on christmas day in a call centre,

I just called in sick, there was no problem, although i did not have any other disciplinary issues,

I wasn't recommending this I was just pointing out it cannot be treated as a special day regarding disciplinary proceedings... I must say I am less than flexable with folks who ring in sick at Christmas day, people have short memories and they often come looking for other days at short notice

28064212

bbam wrote: »

Actually no, well unless you're already in the disciplinary system or have a serious history, if you called in sick it can't be weighted more because its Christmas and the usual disciplinary would have to be used, I've had this issue with an employee in the past who decided the disciplinary was less of a problem than working Christmas day ..
That said if you were on probation or less than two years in the position it would be a very risky move and may find yourself out of work..

But it can be weighted more if they have more reason to believe you're lying. One random day calling in sick is one thing, but calling in sick on a day you've already requested as a holiday? I agree that it will depend on your track record and length of service, but it is definitely a very risky thing to do, and even if you're not fired, management is likely to hold it against you

Clauric wrote: »

I would argue that the opposite is the case. Unless your contract of employment says that you maybe required to work on Saturdays, then they should ask you to work that they. This is due to Christmas falling on a Saturday this year, and the Public Holidays (also a Bank Holiday) falling on Monday and Tuesday this year.

Public holidays don't move. The public holidays are always on the 25th and 26th. However, you are entitled to one of the options I posted above. By convention, most businesses just move their days off to the Monday and Tuesday, but they aren't under any requirement to do so.

I did assume that the OP's contract allowed for Saturday work. If it didn't then they don't have to work it, but given that it's a hotel position, I assumed weekend work is a regular thing

kippy

Athiesm FTW.....

A lot of people work Christmas day. Done it once or twice a good few years ago.
To be honest it's usually a very handy days work (depending on what you work at) that pays really well or one which you can get a lot of time in lieu off for depending on circumstances.

It doesnt suit everyone though, if you've a family or other committments and Christmas is a big part of it.

Neyite

I've worked about 5 or 6 Christmases now. its handy money, the work itself is usually minimal to keep the place ticking over, one Christmas i left work slightly tipsy having had a great auld day of it on triple pay. and it was the supervisors who handed out the drink

most places that open for the whole festive season usually offer Christmas or New Year off. get your request in early for one or the other, if thats the offer.

bbam

28064212 wrote: »

and even if you're not fired, management is likely to hold it against you

Exactly... you'd be supprised how many folks forget they will be back very soon looking for a favour or help with something.

mikemac

Hope you're getting well paid for it OP. I'm taking triple time

And even if you are not, I hope the management are taking ye all out for drinks some night as a thank you

krudler

Im working christmas day but I volunteered for it, we get christmas eve, stephens day, new years eve and day as well as whatever days we were scheduled to work between xmas and new years off as well so it works out, plus christmas day is always dead, aside from the few morons who ring in "oh I didnt think you'd be open!" why the fcuk did you ring then?!