YOU might be legally entitled to refuse to turn up to work on Christmas Day and save waking up with taxi drivers, NHS workers and pub staff for a gruelling festive shift.
A legal firm has outlined ways in which you can tell your boss to stuff it if he or she has put you on the December 25 graveyard shift.
Legal Advice Manager Hannah Parsons, of DAS Law, explains: “Whether or not you have to work on Christmas Day will depend on your contract of employment.
“That is usually a written document but it does not have to be, and the terms can also be found in what is implied through custom and practice.
“Some employers close down on Bank Holidays and your contract will entitle you to take those days in addition to, or as part of, your annual leave entitlement in which case you would not be required to work.”
But it’s hard luck for those whose employer opens for business on public holidays and Christmas Day falls on a normal working day.
On this Hannah says: “You are likely to be contractually obliged to work unless you have been granted annual leave.”
But you might be able to refuse on religious grounds.
If you are Christian and don’t want to work on Jesus’s birthday but your employer insists you must, you cannot refuse on this basis.
However, you may have a claim for indirect religious discrimination if your employer fails to grant you annual leave for Christmas Day and you can point to other workers not receiving the same discrimination based on their religion.
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Hannah says: “It is however possible for an employer to justify a claim of this sort if they can establish that their decision was a proportionate means of achieving a legitimate aim, such as ensuring that they had sufficient staff to provide a service.
“The only law that ensures that many shop workers get Christmas Day itself off is the Christmas Day Trading Act 2004 which imposes a ban on Christmas Day trading for large shops, over 280 square metres in size, in England and Wales.”
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News Pictures How you can tell your boss you REFUSE to work on Christmas Day on legal grounds
You don’t have to pack away your bikini just because you’re the wrong side of 20. These body-beautiful stars reveal their secrets to staying in shape and prove you can smoulder in a two-piece, whatever your age. Read on and be bikini inspired!
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Hayden Panettiere
Size: 8
Age: 18
Height: 5ft 1in
Weight: 8st
To achieve her kick-ass figure, Hayden – who plays cheerleader Claire Bennet in Heroes – follows the ‘quartering’ rule. She eats only a quarter of the food on her plate, then waits 20 minutes before deciding whether she needs to eat again.
Hayden says: “I don’t have a model’s body, but I’m not one of those crazy girls who thinks that they’re fat. I’m OK with what I have.”
Nicollette says: “I don’t like diets – I see it, I eat it! I believe in eating healthily with lots of protein, vegetables and carbs to give you energy.”
kim cattrall
Size: 10-12
Age: 52
Height: 5ft 8in
Weight: 9st 4lb
SATC star Kim swears by gym sessions with Russian kettle bells (traditional cast-iron weights) and the South Beach Diet to give her the body she wants. To avoid overeating, Kim has a radical diet trick – squirting lemon juice on her leftovers – so she won’t carry on picking.
Kim says: “I am no super-thin Hollywood actress. I am built for men who like women to look like women.”
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