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Can they really make me work on Christmas day?

(16 Posts)
Spidermama Wed 05-Oct-11 11:11:58

I am on a Fixed Term Contract for the BBC. My manager has just phoned up as he's filling in Christmas rotas and he said as it falls on a Sunday, which is one of my work days, I am contracted to work Christmas Day.

He's also saying I have to work New Year's Eve.

I'm shocked. I've been freelance for years so have always managed not to work Christmas but I assumed it was a national holiday. Can they really make me work on Christmas day and if so surely they have to give me treble time or something??

flowery Wed 05-Oct-11 11:25:51

What exactly does your contract say? The actual bank holidays will presumably be Boxing Day the Monday and then the following Tuesday in lieu of Christmas Day.

Whether they consider Christmas Day to be a working day and whether they can make you work it and whether you are entitled to extra pay should all be in your contract.

Ellypoo Wed 05-Oct-11 11:28:14

It depends what your contract states about public holidays tbh. If your rota works that you are expected to work every Sunday regardless of public holidays, then that would be a normal working day. The public holiday itself is the Tuesday 27th, as Christmas day falls on a weekend day.

You aren't necessarily entitled to additional pay for working public holidays - again, it depends on your contract.
Also, New Years Eve is a normal working day anyway, so that shouldn't be an issue at all - it is New Years Day that is the public holiday.

Trills Wed 05-Oct-11 11:28:48

If you do a job that needs doing every day of the year then it is entirely likely that your contract states that no annual leave can be taken during the Christmas period.

Could you find someone to swap with you?

TLD2 Wed 05-Oct-11 11:33:10

I agree with check your contract. I worked a shift system which was 365 24 x 7. There's always one of us working Xmas day and New Year's eve, the rota decides who.

workshy Wed 05-Oct-11 23:29:39

when christmas day falls on a weekend it is not classed as a public holiday -therefore it is a normal working day -if's your normal day to work then yes they can make you work it

you can either request it as a holiday which they can refuse, or bite the bullet and work it

Lizcat Thu 06-Oct-11 08:49:28

As before check your contract. Unfortunately there are some rolls that continue on regardless. Those of us who regularly work christmas tend to make another day special.

VivaLeBeaver Thu 06-Oct-11 08:56:09

I often work Xmas day.

We have Xmas day on Xmas Eve instead. DD knows that Father Christmas comes a day early for the children of parents who have to work on Xmas day.

LittleWhiteWolf Thu 06-Oct-11 09:06:51

The actual public holidays this year fall on the 26th (Monday) and the 27th (Tuesday), thanks to Christmas Day being on a Sunday, so yes they can probably make you work it.

Likeaheadlesschicken Thu 06-Oct-11 09:14:02

I'm not 100% sure of whether this is a legal entitlement, but I think you can opt out of Sunday working but you have to give 13 weeks notice of this. This would mean that you don't need to work any Sundays at all. This is certainly the case for my employer (retailer) as many staff have used it as a way to avoid working Sunday's over Christmas in the past. I'm not sure if it applies to fixed term workers but might be worth investigating.

MamaMaiasaura Thu 06-Oct-11 09:22:15

Not sure but as nurse had to work it. Generally tho if you worked one then next year you didn't so it was fairer

AMumInScotland Thu 06-Oct-11 09:32:15

But surely you knew there must be people working in the BBC? And in hospitals and fire stations. And lots of other places which have to be operational 24/7.....

Trills Thu 06-Oct-11 09:38:41

The public holiday thing is a red herring.

Even if Christmas was on a Monday and so was officially a public holiday they could still "make" you work it if your contract said so.

seriousone Thu 06-Oct-11 10:53:04

yes i work for nhs and as christmas is sunday this yr we get no enchanced pay except our enhanced sunday rate

OddBoots Thu 06-Oct-11 10:54:37

I'm afraid they can and they don't have to give you more pay. There may be the option of a discretionary bonus but with Mark Thompson today announcing 1,000 BBC jobs to go I think that is unlikely. Sorry to hear that it is a surprise to you though, must have been a shock.

sfxmum Thu 06-Oct-11 10:58:46

Christmas rotas I worked many, although I tried to fit it with volunteers it was not always possible, I expect your best bet is to try and swap with someone otherwise I don't see that you have any right to have that day off.
Read the contract

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