On the 11th day of Christmas, HR heard management say…“if they all work at Christmas, how much must we pay”?

A weary HR team replied - whatever the contract says!

Once again employers should initially turn to the contract of employment for the answer, which will vary from employer to employer and could include any of the following:

You will receive normal salary for any time worked on a public holiday but will be rewarded with an equivalent day off in lieu to be taken at a date convenient to the employer and employee.

• You will receive [1.5] times your normal hourly rate for all time worked on a public holiday.
• You will receive overtime payment at the published rates (see overtime policy).
• If any of these are included in the contract, then employees who work at Christmas should be paid or given time off in lieu in accordance with that contractual term.

That’s all very well you might say but what if the contract does not make any mention of public holiday pay or (shock horror) there is no contract at all? The answer in both cases is that the employee will be entitled to receive their normal salary – particularly in circumstances where the business operates 365 days a year with public holidays treated as any other business day.

There is (contrary to popular myth) no statutory entitlement to receive any additional pay for working on a public holiday. Of course, it might not be that simple and an employer could receive calls from staff who are suddenly unwell if they do not...

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