employer not giving public holidays

1874

Title, employer not giving public holidays, they say they are included in overall annual leave, but adding up the minimum annual leave and public holidays does not equals the minimum in citizens advice, they also dont allow for a sick day on public holiday.

I was on certified sick leave on a public holiday and I had a days wages deducted, they have no problem deducting pay, but dont pay out for it or add it to your annual leave days. this was pointed out, but they just said no outright and brushed it aside.
On my own Ive lost a bit plus I feel my rights are being affected here, but overall the company saves a lot by not paying this out to everyone, we are all fulltime and most people are working for them longer than a year.

No one seems to realise we can do anything, about this and some other problems. I am concerned to put my head on the line, as I need the job and the money, and I think the company knows this and is using it against staff. I have an idea where to go, but dont know how long it will take, and I dont want to be marked out as the reporter of this, but I feel they have robbed us of either pay or days off, can I recover all my lost days and pay for days not given?

con___manx1

1874 wrote: »

Title, employer not giving public holidays, they say they are included in overall annual leave, but adding up the minimum annual leave and public holidays does not equals the minimum in citizens advice, they also dont allow for a sick day on public holiday.

I was on certified sick leave on a public holiday and I had a days wages deducted, they have no problem deducting pay, but dont pay out for it or add it to your annual leave days. this was pointed out, but they just said no outright and brushed it aside.
On my own Ive lost a bit plus I feel my rights are being affected here, but overall the company saves a lot by not paying this out to everyone, we are all fulltime and most people are working for them longer than a year.

No one seems to realise we can do anything, about this and some other problems. I am concerned to put my head on the line, as I need the job and the money, and I think the company knows this and is using it against staff. I have an idea where to go, but dont know how long it will take, and I dont want to be marked out as the reporter of this, but I feel they have robbed us of either pay or days off, can I recover all my lost days and pay for days not given?

Contact citizens information. They will get someone to investigate it and you will remain anonymous. It could be anyone who works for your company that called so don't worry management won't have a clue it was you. I'm nearly 100 % sure they have to pay you for a public holliday. Even if it falls on a weekend.

1874

I didnt think citizens advice would investigate it or get anyone to do that? do they? I thought they just gave advice on certain entitlements/rights/responsibilities.

What is the penalty for the business doing this, it seems like they are breaking the law, will we all be entitled to the return of our witheld public holidays or pay instead since we started? it would seem mad and pointless risk if we cant get our due days returned.

thesimpsons

do you work shift work by any chance - some companies which operate 24/7 include the public holidays into the annual leave.

TheChizler

From Citizens' Information:

Part-time employees
If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.

In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

Sick leave on a public holiday
If you are a full time worker on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed, as described above. If you are a part-time worker on sick leave during a public holiday, you would be entitled to benefit for the public holiday, provided you had worked for your employer for at least 40 hours in the previous five-week period - see 'Part-time employees' above.

However, if you have been off work for more than 26 consecutive weeks due to illness or accident, or for more than 52 weeks due to an occupational accident and you are absent from work immediately before the public holiday because of this, you are not entitled to the public holiday.

Are you part-time/full-time and do you normally work on the day in question?

1874

some shift, but fulltime, could be on for the whole day.

the public holidays couldnt be included as the minimum annual leave and public holidays dont add up to a full entitlement, were either getting less annual leave than is legal or we are not getting public holidays which isnt legal,

wharts the best route to take, people have already brought it up but it has been denied and then ignored

Mrs OBumble

Contact Workplace Relations.

jimmycrackcorm

1874 wrote: »

What is the penalty for the business doing this, it seems like they are breaking the law, will we all be entitled to the return of our witheld public holidays or pay instead since we started? it would seem mad and pointless risk if we cant get our due days returned.

http://www.unionconnect.ie/rights/4/

If you feel you are not receiving your statutory entitlements there are a number of options which you can take to address the issue.

You can make the complaint to your employer and then refer it on to the Rights Commissioner Service or take a claim to the Employment Appeals Tribunal.

Meeoow

How many days holidays are you getting?
Where I work, we don't necessarily get the bank holiday off, but we get the day in lieu.

1874

Meeoow wrote: »

How many days holidays are you getting?
Where I work, we don't necessarily get the bank holiday off, but we get the day in lieu.

days off are counted in hours based on how much hours you work, but its fulltime hours.
If working on the public holiday, its not added to the hours or paid for. If scheduled off, then no change.