christmas holidays

B

Bill

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Christmas & stephen's day fall on the weekend - does this mean the mon & tues are bank holidays? (calendars i find only have the monday marked as a bank holiday)
 
Christmas Day is on Sunday.
Stephens Day is on Monday.

Your company 'should' give you Tuesday 27th off in lieu of Christmas Day being on a weekend day.
 
Christmas day is on a Sunday and Stephens day is on a Monday so that's why Monday is shown as a bank holiday. Not sure about the Tuesday.
 
First off (a) don't confuse bank and public holidays and (b) it is a common misconception that the next working day following a public holiday falling on a weekend must be given as a day off in lieu by employers but this is not the case. See :

Public holidays falling on weekends

While it is clear about the entitlements of employees regarding time off work and public holidays, there is no specific provision in law governing what happens when a public holiday falls on a weekend in Ireland.

Where a public holiday falls on a weekend, you do not have any automatic legal entitlement to have the next working day off work. This occurred over Christmas 2004 where Christmas Day (25th December) and St. Stephen's Day (26th December) fell on a Saturday and Sunday respectively. (New Year's Day 2005 also fell on a Saturday). You are entitled to the normal arrangements concerning employment and public holidays - that is;




  • A paid day off within a month of the public holiday
  • An additional day of annual leave
  • An additional day's pay
  • The nearest church holiday to the public holiday as a paid day off
In these cases, Monday 27th December 2004, Tuesday 28th December 2004 and Monday 3rd January 2005 are not public holidays.

Your employer can require you to attend work on those days
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Are you sure that that list is authoritative? For example they state:
New Year’s Day* - Sat. January 1st (Public Holiday Mon. 3rd)
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and this does not tally with the OASIS information above. In this case many people will receive the Monday in lieu of the Saturday New Year's Day public holiday but there is no obligation on the employer to grant this and they may give a day in lieu at a later date. It's also a bit confusing that they use one asterisk for public holidays and two for bank holidays which some people may take to mean that bank holidays are automatically also public holidays when this is not the case (e.g. Good Friday).
 
Note that the Organisation of Working Time Act 1997 has veen revised/supplemented by additional legislation since then. See these irishstatutebook.ie site specific for more details.
 
For New years day which is a Saturday, only people who normally dont work saturdays will get a day in lieu. I know some hairdressers who will be working on the following Monday as they effectively get Saturday off.
 
elcato said:
For New years day which is a Saturday, only people who normally dont work saturdays will get a day in lieu. I know some hairdressers who will be working on the following Monday as they effectively get Saturday off.
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Are you sure about that? Surely full time (and maybe other) employees have a statutory entitlement to public holidays or days off in lieu and the fact that they normally work the day on which it falls is irrelevant? Perhaps the employer is not abiding by the regulations correctly?
 
While I'm not sure of the law, I am sure that people who normally work Saturdays, dont get Monday off in cases I know of. In fairness it seems reasonable. If you work saturdays but because its a public holiday you get it off. You dont lose out as most people who work saturdays get a day off during the week instead.
 
Sorry - you're saying that the person in question normally works the Saturday/Sunday but gets this off when the public holiday falls on this day and does not get another day off in lieu? That sounds fair enough. I thought that you were saying that they don't get the Saturday or any other day off in lieu.
 
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