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Boxing Day Working
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I have been employed by my present employer for just over 1 year. They are insisting I work Boxing Day this year, which is a Friday and is my normal day of work. There is nothing in my contract one way or the other. I am refusing to work it. How do I stand legally. Can I be forced to work it, or do I have the right to refuse to work?
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It's officially a public holiday but that doesn't mean your employer MUST close their business. If you're expected to work then they must expect to either pay you accordingly or give you a day off in lieu.
My Company is open for business as usual throughout the year, including public holidays except Christmas, Boxing, New Year and the 2nd Jan (that's a Scottish holiday). As part of my contract I get 35 days annual leave plus 4 floating days, which would be the 4 public hoildays throughout the year. If I don't submit my holiday form for approval saying I want the designated public holiday off work, then I work. If I submit my holiday form asking for it ioff after 4 of my colleagues have already been approved to take the day, then it will be rejected as there would be nobody there.
Does that make sense or have I rambled? LOL
My Company is open for business as usual throughout the year, including public holidays except Christmas, Boxing, New Year and the 2nd Jan (that's a Scottish holiday). As part of my contract I get 35 days annual leave plus 4 floating days, which would be the 4 public hoildays throughout the year. If I don't submit my holiday form for approval saying I want the designated public holiday off work, then I work. If I submit my holiday form asking for it ioff after 4 of my colleagues have already been approved to take the day, then it will be rejected as there would be nobody there.
Does that make sense or have I rambled? LOL
What type of business is it? Is there a compromise to be found? such as getting all the work done more quickly or swapped with someone else?
For years I worked in hotels and I chose to work xmas day (I had no children then) and new year and ended up with about a week off in lieu so sometimes there are advantages to working.
For years I worked in hotels and I chose to work xmas day (I had no children then) and new year and ended up with about a week off in lieu so sometimes there are advantages to working.
If your contract does not specify any special arrangements for public holidays then they are treated as normal working days. Employment Law does not treat public holidays as anything other than a normal working day and if worked there is no requirement to be paid other than at your normal rate.
http://www.direct.gov.uk/en/Employment/Employe es/Timeoffandholidays/DG_10029788
http://www.direct.gov.uk/en/Employment/Employe es/Timeoffandholidays/DG_10029788
Just to back up Kempie:
Public holidays have no legal status in regard to employment laws. (The only exception is that employees in the banking sector do have 'bank holidays', which form some of our 'public holidays', enshrined in law). If you normally work on a Friday, your employer has the right to insist that you work on Boxing Day, at your normal pay rate. (Many employers choose to pay more but there is no obligation for them to do so unless your contract specifies otherwise).
Similarly, if your business was open on Christmas Day (and you normally work on Thursdays) your employer could require to to work, as usual, for normal pay.
Chris
PS: As an aside, you might be interested in my experiences of working on Christmas Day, for normal pay, which I related in my post here ;-)
http://www.theanswerbank.co.uk/Seasonal/Christ mas/Question325808.html
Public holidays have no legal status in regard to employment laws. (The only exception is that employees in the banking sector do have 'bank holidays', which form some of our 'public holidays', enshrined in law). If you normally work on a Friday, your employer has the right to insist that you work on Boxing Day, at your normal pay rate. (Many employers choose to pay more but there is no obligation for them to do so unless your contract specifies otherwise).
Similarly, if your business was open on Christmas Day (and you normally work on Thursdays) your employer could require to to work, as usual, for normal pay.
Chris
PS: As an aside, you might be interested in my experiences of working on Christmas Day, for normal pay, which I related in my post here ;-)
http://www.theanswerbank.co.uk/Seasonal/Christ mas/Question325808.html
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