Am I entitled to double pay if I work on Christmas day? Lawyer explains your rights

Whether you’re entitled to extra pay or leave for working on December 25 and the bank holidays that follow it will all depend on your employment contract – here’s what to look for

Doctors, nurses, postal staff and millions more people will find themselves working normal hours over Christmas and New Year as they work tirelessly to keep the country ticking along over the festive period.

Around 1million people work on December 25 each year, with the number even higher on January 1, as the clock strikes midnight.

But are you entitled to extra pay for the effort and what are your legal rights around Christmas hours?

With Christmas and the start of the New Year falling on a weekend this year, most workers who only work Monday to Friday will find they are off. However, if you work bank holidays as standard, you may be required to work on the Monday and Tuesday after Christmas – as these are classed as public holidays.

Should everyone get Christmas off? Let us know in the comments section below

Whether you’re entitled to extra pay or time in lieu for working on December 25 all depends on your employment contract – and its rules on bank holidays.

“As both Christmas Day and New Year’s Day are on a Saturday this year neither day is technically a bank or public holiday,” explains Pam Loch, employment rights lawyer at Loch Associates.

“This means that even if your employer normally pays enhanced rates of pay on bank or public holidays they would not be obliged to do that for your work on a Saturday. Normal Saturday rates would apply in the absence of any other agreement with your employer.”

The key thing is check your contract of employment to see what it says about holidays and pay.

But what about my pay for the bank or public holidays this Christmas?

“This year there are bank holidays on Monday 27 and Tuesday 28 December 2021 and on Monday 3 January 2022,” explains Loch.

“Your rate of pay, if you work on these days would be the rate that is agreed with your employer. It is not necessarily the case that an employer will pay enhanced rates of pay for working on bank or public holidays.

“It may also be the case that your contract of employment does not entitle you to holiday on bank or public holidays. This means that you may need to work on those days and your pay will depend on your contractual arrangements with your employer.”

Trade union UsDaw previously told The Mirror: “The pay rate for working these days depends on your contract of employment and any Union/Company agreements.”

“There is no automatic legal right to paid time off on a public holiday. Your position in relation to working/time off on a public holiday will depend on your terms and conditions of employment.”

However, Bradley Post, of RIFT tax refunds, argues firms should by law, be obliged to reward staff who are forced to work on public holidays.

“Christmas is a time for families and loved ones to meet and celebrate, however, we need to also pay tribute to those hard workers who keep the country running over the Christmas period,” Post said.

“Our research suggests that employees might not have a choice in working Christmas and where possible, I would like to see employers giving their staff some form of reward.”