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Is Christmas day still a statutary holiday?

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My contract gives me bank holidays off but as its on a Sunday my employer says its not a holiday as the BH is on monday so I have to work, is this correct?

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Hi G&M.

 

Sidewinder did a good sticky on Bank Holidays earlier this year. I don't really understand this myself either, so please come back to us if the sticky doesn't answer your question.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301068-Bank-Holidays-Do-I-Have-to-Work

 

My best, HB


Illegitimi non carborundum

 

 

 

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I have read that already but it only really addresses extra Bank holidays on top of the normal ones not if they are substituted.

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Christmas Day and Boxing Day are indeed statutory bank holidays, but you can still be required to work them (unless your contract says otherwise). You are only entitled to (as a bare minimum under statute) 20 days annual leave, and 8 days bank holidays. Your employer may be able to dictate when you take the bank holidays in lieu. Some services cannot practicably shut down over the Christmas period (emergency services, for example) and so there has to be a framework in place to reflect this.

 

If your contract states you are entitled to take bank holidays on the days they fall, you should be able to take them off. So this means in practice, if Christmas day or boxing day falls on a Sunday, the statutory bank holiday is actually 27 December and not 25/26 December.

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Sorry then, you need to wait until more of the guys turn up. I'm sure you can't be the only one with the question.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Christmas Day and Boxing Day are indeed statutory bank holidays, but you can still be required to work them (unless your contract says otherwise). You are only entitled to (as a bare minimum under statute) 20 days annual leave, and 8 days bank holidays. Your employer may be able to dictate when you take the bank holidays in lieu. Some services cannot practicably shut down over the Christmas period (emergency services, for example) and so there has to be a framework in place to reflect this.

 

If your contract states you are entitled to take bank holidays on the days they fall, you should be able to take them off. So this means in practice, if Christmas day or boxing day falls on a Sunday, the statutory bank holiday is actually 27 December and not 25/26 December.

 

My contract just says 26 days leave plus bank/public holidays it doesn't mention about taking them on the day they fall. The actual scenario is we are closed down over xmas but will get paid the BH days but as I am rostered to work the sunday (I work 1 sun in 4) I have to make it up by working another sunday. My view is as they are closed and its crimbo I don't see how they can force me to work on a day I am not rostered to work?

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What they are actually doing is offering you the chance to work back that day so that you aren't forced to use your annual leave for the office closure period. As it is technically a working day for you on that Sunday, you could always request to have it as an additional day's annual leave rather than working the day back.

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That seems a bit crazy, so if the Bank Holiday is moved technically all regular Sunday shop staff for example will have to use a days leave or work another Sunday free of charge just because the shops are shut?

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No - What I believe is happening is that you wouldn't be working free of charge as you would be getting paid for the Sunday which you have been forced to take off work (I would hope). Basically, either way you are getting paid for that day (or so you should be!) - but you can either work another day in lieu or take it as annual leave.

 

In practice it sounds as though what it means is that you are taking two statutory bank holidays (or annual leave days) out of the eight (and possibly X amount for office closure days), but are given the opportunity to work one back, so you don't lose this as a holiday day. So after you work the additional Sunday, you would have seven statutory bank holidays left, giving you the choice of when you then take it.

 

Our office has nominated closure days which we have to take out of our annual leave entitlement too - its pretty standard.

 

I'll be honest and say that I'm not 100% sure this is what has happened in your situation though, but this is an educated guess based on past experience!

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AIUI they are right. Christmas Day and Boxing Day (as New Year's Day) are usually bank holidays but only if they fall in the week. If they do not, they are moved to the next available working day. So, if Christmas Day falls on a Saturday (and 26th on a Sunday), then the Bank Holidays are on 27th and 28th (in lieu of - for most people - the weekends being days off anyway). [Pedantic note, as Boxing Day is always the first working day after Christmas Day, traditionally this will be the 27th, but direct.gov will usually say the first one is in lieu of Christmas day in this case, not that it makes any difference].

 

This year as 25th is a Sunday then the 26th will be Boxing Day on the Monday as usual, and a lieu day to make up for a weekend Christmas Day on the Tuesday (using traditional definitions, not how direct.gov may well say it). The official holidays (no matter how they are allocated) will be Monday 26th and Tuesday 27th.

 

It's all here - the days are correct, despite their spurious traditional definition of Boxing Day. http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_073741


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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