Question regards working Public (Bank) Holiday

dathomir

Hoping someone can shed some light.


Company has told workers they have to work St Patrick's Bank Holiday Monday. The union got involved and said no - they don't. Its a completely voluntary choice whether to work the Bank Holiday Monday or not - the company can't make the workers come in.


Latest thing is now the company is saying that anyone who doesn't come in will get paid BUT will be marked absent which also means that people will lose their attendance bonus.


Is the company allowed to do this? Is this legal?


Any advise would be appreciated.

Mr. Incognito

No it is not legal.

It is a public holiday.

L1011

Are attendance bonuses even above board to begin with? Sounds as if someone with a legitimate medical condition could take a discrimination case against them.

cruizer101

From Citizens Info

If you qualify for public holiday benefit you are entitled to one of the following:

A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday

ELM327

You are not entitled to the day off.
You are entitled to the day off, or a day off in lieu, or an additional days pay. At the employer's discretion, not yours.

B_ecke_r

yeah if it's in your contract to work Bank Holidays you're working it.

you may get either a day in lieu or extra pay on the day (sometimes both)

check your contract

Union talking out of their hole by sounds of it

Mod
Language! If you consider union are wrong just say why

Riskymove

In the case of Paddy's day and Christmas etc. the public holiday is actually the day it falls

so it is the Sunday that is the public holiday

Those that qualify are entitled to an alternative day off if they don't actually work Sundays. It is just practice that most employers give their workers the Monday off but they don't have to - they can choose any day or give everyone an extra day's leave etc.

Riskymove

Mr. Incognito wrote: »

It is a public holiday.

it isn't, Sunday 17th is

ELM327

Riskymove wrote: »

it isn't, Sunday 17th is

https://publicholidays.ie/2019-dates/


I didnt know that. You're correct!

jam_mac_jam

Yes its legal as I am sure that any bonus is discretionary. They can give you a day in Lieu if they want anyway so yes legal.

scheister

ELM327 wrote: »

https://publicholidays.ie/2019-dates/


I didnt know that. You're correct!

My understanding is that if St Patrick's day falls on a weekend, the weekend day is the public holiday. The monday afterwards is a bank holiday. The Monday has the same standing as Good Friday. Most employers appears to be giving it off but it is up to them.

Riskymove

scheister wrote: »

The monday afterwards is a bank holiday. The Monday has the same standing as Good Friday. Most employers appears to be giving it off but it is up to them.

nope

Public holidays falling on a weekend

If the public holiday falls on a day which is not a normal working day for that business (for example, on Saturday or Sunday) you are still entitled to benefit for that public holiday. This applied in 2018 when St Patrick’s Day (17 March) fell on a Saturday. Note that where a public holiday falls on a weekend, you do not have any automatic legal entitlement to have the next working day off work.

it is just the general practice to give the Monday off work

same with Christmas etc. if it is on a weekend

GM228

scheister wrote: »

My understanding is that if St Patrick's day falls on a weekend, the weekend day is the public holiday. The monday afterwards is a bank holiday. The Monday has the same standing as Good Friday. Most employers appears to be giving it off but it is up to them.

St. Patricks Day is a public holiday on the 17th no matter what the actual day is. A "Bank Holiday" has no legal standing in relation to Employment rights.