Contract work and Bank Holiday Pay.

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SparkRite

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Hi All,
One of my daughters is employed on a six week contract and started employment about the middle of last May.
She works and gets paid for a 39 hour week.
The June 7th public holiday fell in her 4th week and today she discovered that she was not paid for this.

I can find information relating to 'part time workers' and 'full time workers' but am having difficulty finding
pertinent information to contract workers.

Anybody have any knowledge or pointers as to whether she is due payment for the June holiday, please?

TIA.
 
If she worked full time hours, she is entitled to be paid a full days pay for the Public Holiday; the short term nature of the contract isn't relevant as long as she worked before and after the PH.

It's the Working Time Directive (might be paraphrasing, you can look up the exact title) that she needs to quote to her employer; though she might like to box clever and wait till her last week.
 
Cheers, for that @Thirsty , I'll have a search for that.

Yes, I also thought she was entitled to be paid for it.

PS:- Ok, I previously saw this in an earlier search I did, what I don't like, and I cannot find an explanation, is what is meant by 'most' ?
Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.
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The exception being part time employees & from memory there's something about shift workers as well, if the PH falls on a day you are rostered to work I think its that you are entitled to a paid day in lieu. But don't quote me on that.
 
Thirsty said:
from memory there's something about shift workers as well,
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Yeah, now that you say it, I remember hearing something about that before. I think if they were rostered NOT to be working on the PH then they are entitled to zilch. I'm almost sure a barman told me this as he had recently been subjected to this scenario.
Also as you said:-
Thirsty said:
don't quote me on that.
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if she's worked 40 hours in the 5 weeks prior to the BH then she's entitled to, in her case she qualifies for that as she works 39 hrs / wk.
If Monday is her normal working day then she will be paid for the BH Monday. The reason she wasn't rostered to work on the BH Monday because the place was closed. Part time employees are paid on the pro-rata basis i.e. if she works Tue-Fri, she will be paid 80% of the BH Monday.
HTH and makes sense.
 
In the week of the bank holiday did she work on the bank holiday itself?

And also, did she get paid for the standard week?
 
Ok all, an update with an addition .........:)

After she made an inquiry to payroll and quoting the 'working time act', they said they would check and revert.
This they did and have agreed to pay her her for the public holiday which is a good outcome, but leaves 'a sour taste in the mouth'.

Now, last night after work hours, a work colleague reported to management that she was a close contact with a positive case of C19, so last night my daughter ( fully vaccinated ) received a call telling her not to report for work today, as she was a close contact with her colleague, but to get a PCR test and if, and only if, both hers and her colleagues are clear may she return to work.
My daughter asked is she can do any work at home but was told no. She asked will she be paid for this enforced absence, whether it be 1,2,3 or 4 days ( 4 being end of contract) and was told "I don't know".

Anybody have any idea what her rights are in this situation , her contract states that if there is to be any change in her working hours she will be let know no less than 48 hours beforehand. But I reckon the C19 overrides this.

So if somebody knows what she is due, I would appreciate it.

TIA.
 
I presume she’s entitled to the PUP - for covid illness payment. In fairness her employers are following the public guidelines

But actually is your daughter a close contact of a confirmed case or a close contact of a close contact?!
 
luckystar said:
In fairness her employers are following the public guidelines
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There're not though AFAIK, if a person is fully vaccinated and is in close contact with a confirmed case the HSE advise that there is no need for any restrictions in their movements plus you should not be out of work because of this. However if the employer wishes to restrict their movements and not allow them onto the premises (as is the case here) then the employer must allow that person to 'work from home', and this was refused.

luckystar said:
But actually is your daughter a close contact of a confirmed case or a close contact of a close contact?!
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At the moment just the latter, but that may change when the results of her colleague's PCR test come in.
 
Hmm...not to be cynical, but I did say box clever and wait until the end of the contract.
 
Was it worth fighting for the bank holiday payment?

I wouldn’t have pursued it. Although she may have been entitled to this payment, I would have let it slide in this case, and looked at the bigger picture, if there was to be a bigger picture.

I’m not suggesting they’re out to punish her for challenging the situation, but with human nature being what it is, it tends to get the hackles up having being challenged by someone in a junior position.
 
Have to disagree with @LS400; you 100% want to teach your children not to be door mats.

It was definitely the right thing to challenge the pay shortage. Though I would have waited, but there you go.

I'd be pretty sure whoever does the payroll knows the rules perfectly well & they were chancing it that it wouldn't be questioned. So stuff that as far as their poor little egos are concerned.
 
LS400 said:
Was it worth fighting for the bank holiday payment?
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Absolutely is was !

Thirsty said:
It was definitely the right thing to challenge the pay shortage. Though I would have waited, but there you go.
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I agree, so would I .

LS400 said:
I’m not suggesting they’re out to punish her for challenging the situation, but with human nature being what it is, it tends to get the hackles up having being challenged by someone in a junior position.
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Not the situation at all @LS400 , there are three others put into the same situation.
I know these three did not seek the days pay ( as I asked my daughter) but each have now said they will look for it considering my daughter got it and they may not get back to finish the contract.
 
That says more about the company, and it’s no loss to you daughter with that being the case there.

My point is, you can win the battle but loose the war..

@Thirsty . You should also teach your kids to pick their battles.
 
Another update..........

The results are in! The original close contact's PCR test came back positive but my daughter's, and her three colleagues, were all negative.
I would have to suppose thanks to all 4 been fully vaccinated.

However the company, against the HSE's guidelines, have not allowed them back to work .
Their contract is due to finish tomorrow but they are (as am I ) still none the wiser where they stand (legally or otherwise) re. payment for the days they were stopped from working.
 
So your daughter now is a close contact of a confirmed case and is now isolating/restricting movements? Suppose she needs to apply for the covid illness benefit from day 1?
 
luckystar said:
So your daughter now is a close contact of a confirmed case and is now isolating/restricting movements?
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No she's not, as per HSE guidelines. :-

If you are a close contact and you have received a COVID-19 vaccine​

You do not need to restrict your movements or be tested for COVID-19 if it is more than:

  • 7 days after your 2nd Pfizer-BioNTech dose
  • 14 days after your 2nd Moderna dose
  • 14 days after the Janssen vaccine
  • 15 days after your 2nd AstraZeneca dose
( My italicised )

But just to be sure, though not required, as I said she also had PCR test which came back negative.
 
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