Christmas Day working

(15 Posts)
H1974 Wed 23-Nov-16 09:21:22

Hi, I have been working in the same call centre for 20 years, after returning from maternity 2 years ago I moved to a department that I unknowingly works bank holidays. But never in my 20 years working there have they been open Christmas day. This year my department is the only department that has decided to be open on Christmas day and asked for volunteers. We do underwriting for phone and online applications. I was told yesterday that they may decide next year to open and only offer limited holidays out to staff. Never in a million years would I have thought my company would choose to open Christmas day and would not choose to work somewhere that did. With 2 young children, I don't want to work this day. Does anyone else know if they could enforce this. I know Christmas 2017 is sometime away but I would seriously consider changing jobs if the possibility of having to work Christmas day was hanging over me.

Whatthefreakinwhatnow Wed 23-Nov-16 09:25:49

Of course they can, legally your employer can ask you to work any time confused

I work for NOMS, prisons are open 24/7 so bank hols don't really apply. You get the equivalent day off elsewhere if you work one of them.

If you really don't want to work at Xmas you may have to look for a new job I'm afraid.

Seems shitty though, do people really need loan applications or whatever looking at one Xmas day?!

mirokarikovo Wed 23-Nov-16 09:27:17

Of course they can enforce this. There are loads of jobs that require people to work Christmas day. I take it that it's not an issue for 2016 but is a real possibility for 2017? Then by all means search for a new job. But it's no disaster if you end up working Christmas day some years. It's very easy to "have Christmas" on 24th or 26th if need be.

atticusclaw2 Wed 23-Nov-16 09:28:37

It will depend on the wording of your contract.

Does your contract say you get 28 days leave?

Does it say you get 20 days plus bank holidays?

If it is specific about the fact that you get bank holidays off then you have a contractual entitlement to bank holidays off. If it just says 28 days (or more) then they can choose whichever days they like as your leave days and your working days subject to giving you notice if they are going to enforce a leave day. So they could for example say that you have to take all of your leave in March.

I'm an employment lawyer

mammybops Wed 23-Nov-16 09:34:02

It's all in the contract.

My contract specifically states that all bank holidays are non-working. Our holiday allowance is not inclusive of bank holiday time. Therefore they couldn't make me work Christmas Day without a change to my contractual terms and conditions which would require mutual consent.

However we have 24/7 teams whose contracts include bank holidays within their holiday allowance because there's an expectation to work any day of the week irrespective of public holidays. Even if they've gone 10 years of their department never working Christmas their contract means the company could change that approach without consultation.

You need to dig out your terms and conditions and have a read. Double check if you agreed to amended T&Cs when you returned from maternity leave to a new team and take it from there.

If it's in your contract then at least you know where you stand. If it's not be clear that your terms and conditions protect you from this change of business approach.

Personally if my company tried this our union would be heavily involved so it's probably worth speaking with them too.

H1974 Wed 23-Nov-16 09:36:14

My contract is possibly a little tricky. I never got a new contract when I moved to the new department following maternity leave. I'm not sure if my contract mentions working bank holidays as my previous job at the same company never worked them. I did get 29 days holiday and bank holidays on top of that. When I moved departments you get the bank holiday entitlement to use on another day if you work it.

H1974 Wed 23-Nov-16 09:39:57

Would my employee still have a signed copy of my terms and conditions. I really don't think I have mine anymore. We have been tupe over twice now due to sale of the business.

atticusclaw2 Wed 23-Nov-16 09:42:19

They should have it, ask for a copy.

H1974 Wed 23-Nov-16 09:45:27

Thank you for your advice. I definitely will. Seems such a long time away to be worrying about something that might not happen but feel like I need to sort it out now, especially if I need a career move.

Stillunexpected Wed 23-Nov-16 10:13:22

You will probably find that they will make a decision after Christmas, based on how busy it is this year. Am a bit shocked that they feel it necessary to have an underwriting department open on Christmas Day, presumably you aren't even the first line if people decide they need to place some kind of policy that day so it really sounds unnecessary for you to be there on that ONE day of the year!

H1974 Wed 23-Nov-16 10:25:00

Hi, it's for people who make online applications. If the system can't make a decision they refer through to the underwriters to make a decision. It's a 48 turnaround so as you say it does seem unnecessary been open for that 1 special day of the year and causing upset. I really enjoy my job, everything about it is so convenient for my circumstances but Christmas Day for me is a family day and I am not very good at change. I know there is people out there who have no choice but to work Christmas day and I really do admire them.

Lonecatwithkitten Thu 24-Nov-16 07:16:53

H1974 as someone who works every other Christmas Day if you do end up working the day it works to know that is not your Christmas, when I work we have Christmas on a totally different day ( this year it will be 29th December). You say you are not good with change, if you move job you will have to adapt to that. I think you need to weigh up which change is worse.

daisychain01 Thu 24-Nov-16 09:03:01

If I really needed to keep my job, I would consider using 1-2 days annual leave if that's what it took. Book them as soon as possible in 2017, then they have your intention clear.

It doesn't stop them from declining them but what have you got to lose.

If you plan to find a new job in 2017, at least you have a year to find one, knowing you're covered for next year.

daisychain01 Thu 24-Nov-16 09:05:43

i.e. 2 days if you want to cover Christmas Day and Boxing Day.

Then if they are super mean and scale you back later, you have the 2nd day to bargain with!

DailyMailSucksAss Sun 04-Dec-16 22:51:19

Do you work in banking? Most people in banking have bank holiday protection in their contracts. Any deviation has to go through the unions. Contact your union rep.

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