Should I be paid double to work on New Year's Day? Your rights; Millions of us will be working on January 1 - but should you get paid time and a half for the hassle? We've run through your rights.

Byline: Emma Munbodh

Delivery drivers, supermarket staff and those in bars and restaurants will find themselves working on New Year's Day along with millions more employees around the country.

For those in industries that don't sleep, it'll be business as usual, with many workers set to complete day - and night - shifts as January 1 creeps in.

But what are your actual rights around public holiday pay - and are you legally entitled to days in lieu, time and a half or triple pay for working the dreaded New Year's Day shift? We've taken a closer look.

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Whether you're entitled to extra pay or leave for working on January 1 will depend entirely on your employment contract - and its rules on bank holidays.

If you're on the rota to work, dig out your contract and search for terms such as 'holidays', 'holiday entitlement' or 'annual leave'.

If it states your annual leave is in addition to public holidays, you can't be asked to work (especially without your consent) as these are classed as days off. However, always check for any small print to ensure there are no clauses that state you have to work a set number a year or that it's at the discretion of your line manager.

However, if it states something like "your annual holiday entitlement (inclusive of bank and public holidays) is ... days" you probably will be expected to work (at least some) of these days or book them off using your annual leave.

If it states you are contracted to work bank holidays, check the small print for any benefits you may receive for working them. Ie extra holiday leave or double pay. Also, check if you have to work all or just a certain number a year (some firms will take it in turns between staff).

If nothing is mentioned, you won't legally be entitled to any perks. However, clarify this with your employer as some firms will have special provisions in place for those who work on Christmas and New Year's Day regardless - such as a day or two in lieu.

If your contract states you work bank holidays, trade unionUsDawexplains that "there is no automatic right to enhanced pay."

"The pay rate for working these days depends on your contract of employment and any Union/Company agreements."

The union also explains that for those off work, there's no legal right to be paid for it.

"There is no automatic legal right to paid time off on a public holiday. Your position in relation to working/time off on a public holiday will depend on your terms and conditions of employment."

Here's whatCitizen Advice says you should do if you're being unfairly treated at workor are being made to work when you're not legally contracted to.

Employment rights

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