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Can you tell staff to take leave over Christmas?

TS
Lin Wanning

Employers can tell staff to take leave over Christmas with notice of at least twice the leave, while refusing a request needs the leave plus 1 day on gov.uk's wording. Bank or public holidays do not have to be given as paid leave, and staff aged 16 or 17 cannot work between midnight and 4am.

What the film covers

Questions the film answers

Can my employer refuse holiday at Christmas?

Yes, a request can be refused, but not the leave altogether. gov.uk says an employer must give as much notice as the amount of leave requested, plus 1 day, while regulation 15(4)(b) says as many days as the leave. Giving the longer notice meets both, and a contract may say something different.

Do you get paid more on Christmas Day in the UK?

The gov.uk pages read for this guide state no right to extra pay for working Christmas Day. They say bank or public holidays do not have to be given as paid leave. Any premium comes from the contract or the restaurant's own offer, so check the contract before announcing a rate.

What is bank holiday pay for hospitality staff?

No separate hospitality rule appears in the pages read. Almost all workers are entitled to 5.6 weeks' paid holiday, and an employer can choose to include bank holidays in that. Whether working one earns a premium or time off in lieu depends on the contract, and time in lieu is the employer's choice.

Can I make staff take leave between Christmas and New Year?

Yes, with notice. gov.uk says employers can tell staff to take leave, for example bank holidays or Christmas, and the notice is at least twice as long as the leave. Two days of leave needs 4 days' notice. An employer may not force a sick worker to take leave, and a contract can change the rule.

How much does a Christmas temp cost a restaurant?

In this guide's example, two temps working 180 hours at £12.71 cost £2,820.71 in total: £2,287.80 wages, £276.14 holiday accrual and £256.77 employer National Insurance, about £15.67 an hour. Rounding accrual up each week takes it to £2,849.61. Pension and the apprenticeship levy are not included.

Can 16 year olds work late in a restaurant in the UK?

Not between midnight and 4am. gov.uk also says 16 and 17-year-olds are usually barred from working between 10pm and 6am, a window that a contract can change to 11pm to 7am, with exceptions listed that include catering. Under 18, the limits are 8 hours a day and 40 hours a week.

Read the full articleChristmas Staff Rota for Restaurants: Rules and PlanA December rota built from last year's spreadsheet risks leave disputes, illegal late shifts for young staff and temp wages nobody budgeted.