employee rights for being oncall on a bank holiday monday

shadowcomplex

I was wondering what is the law surrounding employee rights if they are down to be available to be oncall on a bank holiday monday but arent actually called in,are they entitled to a day in lieu

HOS 1997

I've been on call on a Sunday before and didn't get called. I got paid for every hour I was on call for though so assume they would be entitled to pay or time in lieu.

Slydice

http://www.employmentrights.ie/en/informationforemployers/annualleave/

If you are asked to work on the public holiday, then you are entitled to either;

An additional day’s pay
A paid day off within a month of the day
An additional day of paid annual leave

Part-time employees qualify for public holiday entitlement provided they have worked at least 40 hours during the five weeks ending on the day before a public holiday.

Wishbone Ash

Slydice wrote: »

http://www.employmentrights.ie/en/informationforemployers/annualleave/

The part you quoted doesn't answer the OP's query - i.e. if 'on call' but not actually called in on a Bank Holiday.

(When 'on call' an employee is very much restricted in what they can do for that day. They can't really travel anywhere, consume alcohol etc.)

Slydice

Ah right, a quick google found me this:
http://www.ibec.ie/IBEC/DFB.nsf/vPages/Employment_issues~Key_issues~potential-revision-on-eu-directive-on-working-time-05-03-2012?OpenDocument&SK=T

Looks like it's up in the air but if you brought it through every court in the land and then appealed to the European court of justice, they'd rule in the employees favour.

So I guess the answer is that there are no rules about it in law at the moment.