Wednesday, 12 Dec 2018
News

Can I refuse to work on Christmas Day? – Your rights if you end up on the rota

Millions of people will be counting down to some much more than a few months of Christmas.

But for thousands, it will be business as usual, with restaurants, pubs, taxi drivers and NHS workers among those who will be setting alarms for gruelling shifts as of December 25.

But if your boss has got you on the rota, can you legally refuse to turn up?

"Hannah Parsons at law firm DAS Law."

"That is usually a written document but it is not possible to use it, and the terms are implied through custom and practice.

"Some employers close down on Bank Holidays and your contract will be yours, or as part of, your annual leave entitlement in which case you would not be required to work.

"However, if Christmas Day falls on one of your normal working days, and your employer opens up for business to public holidays and expects you to work, then you are likely to be contracted to work unless you have annual leave," Parson adds.

However, you may be able to refuse on religious grounds.

You may be able to get a day off on religious grounds

"If you are a Christian and do not want to work on your day, but you may have a claim for indirect religious discrimination. for Christmas Day and you can establish that the refusal places you a disadvantage when compared with employees of other or no faith.

"It is however possible that they may establish that their decision is a proportionate means of attaining a value for service.

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