Can my employer do this to me?

soggyweetos

I hope there is somebody out there with some information on my position in this matter.

I've worked in a Sunday job for over 4 years. I'm contracted to work 6 hours a week, but have worked 5 hours a week for around 2 years as I only work Sunday and there is a limit on how long the store can be open on a Sunday.

As Christmas day falls on my working day I have been told by my (new) manager that I have to make my hours up on another day in the week. I have never had to do this before (tbh I can't remember Christmas day ever falling on my working day of Sunday anyway). Can they enforce that I work another day in the week to make up for the day off on Christmas?

This manager has only been manager of my store for just under a month.

Thank you in advance.

Emmzi

does seem odd, I would have thought you could take the sunday as paid holiday. (you do get paid holiday?)

of course if you don't want to use a days holiday for it, swapping days is another option.

scheming_gypsy

It just sounds like you haven't booked it off so he's asking you to work another day so you'll still get paid. It's highly unlikely that anybody would let somebody have the day off without using it as a holiday and still pay them.

soggyweetos

Even if I'm not paid for it, I'd still like christmas day off. The business is closed on Christmas day every year anyway, does this mean that I may still be obliged to work another day to make up for the day I've had off for christmas? Everyone is off that day anyway so why would I have had to book it off specially as a holiday?

corbyboy

soggyweetos wrote: »

Even if I'm not paid for it, I'd still like christmas day off. The business is closed on Christmas day every year anyway, does this mean that I may still be obliged to work another day to make up for the day I've had off for christmas? Everyone is off that day anyway so why would I have had to book it off specially as a holiday?

Are you saying that the other staff are getting the day off "for free"?

Surely they either have to make the hours up, use some holiday, or take it unpaid.

skintandscared_2

Are there other part-time staff there who normally work on, say, a Monday? If so, what happens when it's a bank holiday - do they have to make the hours up or take it as holiday?

Emmzi

because the law doesn't say you get xmas off. I think your boss is being fair, he could dock your wages instead if you'd rather?

scheming_gypsy

soggyweetos wrote: »

Even if I'm not paid for it, I'd still like christmas day off. The business is closed on Christmas day every year anyway, does this mean that I may still be obliged to work another day to make up for the day I've had off for christmas? Everyone is off that day anyway so why would I have had to book it off specially as a holiday?

Have you told him you'd rather take it as an unpaid holiday? He won't know till you tell him, although he might be wanting you to cover somebody who's booked a few days off.

They're having it off as the shop is shut but it's your working day. Just because it's closed it doesn't mean you get paid because it's not your fault; Monday and Tuesday are the bank holidays.
Speak to your boss and ask if you can have it as a holiday or unpaid leave

zzzLazyDaisy

The answer is really simple.

By law you are entitled to 5.6 weeks' holiday a year - this includes bank holidays.

In your case, as you only work Sundays, 1 week = one Sunday.

You need to check when the company's holiday year starts and finishes, and then check how many Sundays you have already had off on paid holiday leave during the year.

For example, if the year runs 1st January to 31st December, and you have already had 5.6 Sundays off on paid leave, then you have no holiday entitlement left. This means you have no leave left to cover Christmas day. In that case your employer may agree to let you have it off unpaid, or may pay you for having christmas day off, but require you to make the time up on another day.

If you haven't used all your holidays up for this year, you should ask to use one of your holiday days for Christmas day.

Speak to HR if you don't get any joy with your manager.

FOX_HOUND

My Mrs worked for spar for years. If xmas day coincided with her work day she got paid irrespective. Maybe they were being nice. Doubt it though.