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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47612
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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can my employer who is a very large nationally known company

Customer Question

can my employer who is a very large nationally known company make me work christmas eve which has always been a holiday and make me have 2nd January off which has always been a working day?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there please?

JACUSTOMER-alv0ecfo- :

10 yrs

JACUSTOMER-alv0ecfo- :

i work with people who have been there 30 yrs and have never worked christmas eve

Ben Jones :


OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you


JACUSTOMER-alv0ecfo- :

ok

Ben Jones :

Many thanks for your patience. In respect of working Christmas Eve, you need to check what your contract says. For example, is it a day on which you would normally be expected to work, like during the working week, rather than the weekend. It is not an official bank holiday so you cannot claim that it is a day which should be included in your holidays (if your contract says you get all bank holidays off). So even if you have generally never worked it, if it falls on a day when you would normally be expected to work as per your contract, the employer can ask you to work.

As to forcing you to have time off, this is legally allowed under the Working Time Regulations, which state that an employer can force employees to take holidays on any day they choose them to. This happens if the employer gives the employees minimum amount of notice, which must be at least twice as long as the holiday to be taken. So for example, if they want you to take a day’s holiday on 2 Jan, they must give you at least 2 days’ notice. If they have told you about this now, then they have obviously given you plenty of notice for this to apply and can force you to have this day as a day off, even if previously it has been worked.

Ben Jones :

I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?