Christmas Day work: no legal right to day off or extra pay
Christmas Day work: no legal right to day off or extra pay

Christmas Day is always a bank holiday, except when it falls on a Saturday or Sunday. In those years, the holiday is moved to a substitute weekday. The same rule applies to Boxing Day, which will see its bank holiday shift to December 28 in 2026 because it falls on a Saturday. In 2027, Christmas Day will also shift for the same reason.

Although most people get Christmas Day off, that is not always guaranteed. Employers are under no legal duty to grant the day off, and if you are required to work, you are not automatically entitled to extra pay. If bank holidays are not written into your standard time off, you can be made to work on December 25.

Which industries expect staff to work?

Certain industries, including pubs and restaurants, stay open on bank holidays because these are often their busiest trading days. In such workplaces, employers may need all staff available to cope with the number of customers.

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One piece of legislation may protect shop workers, according to Redmans Solicitors. Under the Christmas Day (Trading) Act 2004, shops larger than 280 square metres are banned from trading on Christmas Day.

Can religion exempt you?

The experts at Redmans Solicitors also point out that it is a common misunderstanding that Christians would be exempt from working on Christmas Day on religious grounds. This is not actually true. If you are contractually obliged to work and refuse, you could be dismissed.

Options for the day off

If you do not automatically get Christmas Day off, you can ask to take it as annual leave or arrange a shift swap with a colleague. There is no legal requirement for employers to give staff bank holidays off.

If you are unsure whether bank holidays are included in your holiday allowance, check your employment contract. Whether you have December 25 off depends on your employer and the terms of your contract.

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