Changed working Rota

[thegatekeeper]

We have recently started working Sundays. Before this I used to have saturdays and sundays off. Now every three weeks I have to work a Sunday so get Friday and Saturday off and then work Sunday the the following five days and then back to Saturday and Sunday off. One of my Sundays which I would have worked falls on Christmas day this year . but a line manager has given me a new rota saying i have to work Friday and take Saturday and Christmas day off as days off, cos the place i work won't open on Christmas day.
Hope you understand this so far.
So can she make me work Friday and change my rota cos my work day Christmas day falls on a working Sunday , but my work place will be closed for that one day.

[cupid04]

if i understand correctly you agreed to change you roster to now include Sundays therefore your linemanager must have known that Christmas day this year falls on a Sunday when the changes were made. The fact that your place of work will be closed is not your problem and you are entitled to the Sunday off, to ask you to work on your Friday ( day off ) should have been done at least 3 weeks before the date concerned and any additional remuneration on offer. ( time and a half etc. )

[woofgang]

I have the usual 2 questions to ask.
What does your contract of employment say about rotas and rostering?
How far are you will to to push this?

[murraymints]

normally if a scheduled day off falls on a bank holiday a day off in lieu is given..

[Snitterton]

Where I worked we were open 7 days a week and we had rota's which included Christmas Day.
A list was put on the wall asking who wanted to work Christmas Day, not bothered either way and who did not want to work Christmas Day.
Generally all people wanted to work Christmas day did so as well as some of the ''not bothered either way people''.
They never had to resort to making anybody work Christmas Day.
You had the same number of days leave regardless of when you worked.
There was however no extra pay for working bank holidays but they paid for a taxi if you could not get in any other way.

[ojread2]

'Normally' doesn't enter into it
IF your regular work pattern now denotes your working Sunday is on Christmas day, then you can be made to have it as a holiday day but not a lieu day unless your contract states that
What are they saying about people who are due to work on the 26th and 27th?
You might find these links useful
http://www.worksmart....ghts/Christmas_issues
http://www.direct.gov...andholidays/index.htm
http://www.adviceguid...ic_rights_at_work.htm
"Large shops (over 280 square metres) in England and Wales are not allowed to open on Christmas Day. This is regardless of which day of the week it falls on. This means that if you work in one of these shops, you must be given Christmas Day off. However, whether or not you will be paid will depend on your contract of employment."

Are you in England?

[thegatekeeper]

Hey I would like to say thank you for the replays to date. I work in theatre, we have only recently started to work Sundays and I mean only a handful of us, many others refused to do it, it was a case of having to open with grant cuts and so on. I enjoy my work and wanted to carry on working so I now work one sunday in three. They gave me in contract Friday and Saturdays off on the weeks I work a Sunday. It remains a saturday and Sunday on the other weeks.
So on the 25th December ( Sunday) if my work place was to open I would work but its closed , my line Manager gave me rota for that week last night at 23.15 hours and stated I will work Friday has Christmas is Sunday and we are not open.
It says in contract what days I have off and when. They have known about this since new contracts was given out.

[thegatekeeper]

Yes employed in the UK and in theatre.

[factor-fiction]

I wonder whether this is more straightforward than it looks. You should have an annual holiday entitlement. This must exceed the statutory minimum entitlement. For a full time worker this allowance is normally 30 days a year including any days you have to take off because of bank/public holidays. The key thing isto make sure you are getting your entiltlement for this holday year

[ojread2]

factor, it's 28 days for a 5 day week and that's capped maximum as I'm reading this:
http://www.direct.gov...dholidays/DG_10029788

Not exactly sure what you mean by "This must exceed the statutory minimum entitlement. "

thegatekeeper, reading your post and follow on post, it's not clear whether or not you will be paid for your Christmas day off

[thegatekeeper]

I am full time work 42 hours a week but the company only gives us 25 days leave a year and they after you have worked for them for over three years , the 25 days do not include bank holidays , which 99% of the time i have to work cos i work as a rule mon to fri.
And we get paid double time but not given an ext a day off for working a BH
But again can they make me work a day off cos one of my working sundays fall on xmas day

[ojread2]

But, are you getting paid for Xmas Day?

[bushbaby_de]

They aren't being asked to work Christmas day - they usually would have worked christmas day but because the place will be closed they're being told to work the friday instead. Still working for five days and getting two off so I don't really see what the problem is.

[factor-fiction]

Hi ojread2. Thanks for querying my post.
Yes, the statutory minimum is 5.6 weeks (28 days for a full time worker), and yes when I said "must exceed the statutory minimum" I meant to say "must match or exceed...". In other words the employer can give more days.
The basic point I was making is that as long as he gets his annual holiday entitlement (paid), whatever that is, and as long as he gets paid for the days he works, then the detail of which days of the year he works don't matter and only serve to complicate teh issue in my view.

[factor-fiction]

thegatekeeper- from what you say I think you need to ask your employer to explain how your holidays over a year fit with the statutory minimum requirements for paid holidays.