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Made to Work St Patrick's Day with minimum notice

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  • 15-03-2012 11:34pm
    #1
    Bellisner
    Registered Users Posts: 8 ✭


    (initially posted this in wrong thread!)


    HI All,

    I was hoping for a bit of advice.
    The company in which I work has arbitrarily decided that we are working this Saturday the 17th. We have only been notified by an (abrupt) email at 5pm this afternoon.

    Firstly is this legal? I work in retail sales and the rota was issued on the third of this month and as such I find it grossly unfair to be asked to work a day which was previously indicated as off with precious little notice.

    Secondly if it is legal; I have been granted annual leave for tomorrow 15 Monday 19th and Tuesday 20th so if I'm not around (as I won't be) will I be liable for not turning up?
    I hadn't previously notified my intentions when applying as 1. the Saturday was indicated as off so I didn't have to justify my plans (and the leave was approved) and 2. It's obvious from a managers point of view that I was planning a long weekend.

    Any advice or input would be greatly appreciated.

    Thanks


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  • Options
    #2
    Wishbone Ash
    Registered Users Posts: 24,995 ✭✭✭✭Wishbone Ash


    Bellisner wrote: »
    Secondly if it is legal; I have been granted annual leave for tomorrow 15 Monday 19th and Tuesday 20th so if I'm not around (as I won't be) will I be liable for not turning up?
    I hadn't previously notified my intentions when applying as 1. the Saturday was indicated as off so I didn't have to justify my plans (and the leave was approved)
    You are legally obliged to get 28 days notice of cancellation of annual leave (Friday,Monday and Tuesday) but as Saturday is not an annual leave day they may be within their rights to request you to work that day. I'm open to correction though.

    (The fact that you're "not around" wouldn't have any legal bearing on the matter).


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    #3
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    I'm not 100% sure, but I think they only need to give 24 hours notice. I'm not entirely sure what this wording from this page means though - hopefully someone else can clarify it.
    the employer must notify the employee of the starting and finishing times at least 24 hours before the first day or the day of each week the employee is required to work.

    Edit - threads have been merged.


  • Options
    #4
    Bellisner
    Registered Users Posts: 8 ✭Bellisner


    It seems that all they need to give is 24hrs notice for such a change.

    Had I asked about St Patricks Day in advance and if they didn't get back to me 21 days at a minimum before the day; I'd be entitled to take it off regardless of the rota; as seen in the "ORGANISATION OF WORKING
    TIME ACT, 1997"

    3.3 In respect of a public holiday the employee is entitled to whichever
    of the following his/her employer determines:
    a) a paid day off on that day
    b) a paid day off within a month of that day
    c) an additional day of annual leave
    d) an additional day’s pay.

    "If, following a request from an employee, no later than 21 days
    before the public holiday, an employer does not nominate one of
    the options above, the employee will automatically be entitled to a
    paid day off on the day of the public holiday."

    So in summary if you ask your manager well in advance, and they neglect to get back to you 21 days before the holiday you can take it off.

    Be wary however. If you are less than a year working for the company they can let you go at any time for any reason as you are not covered legally by an unfair dismissal claim. Unless of course you can prove there was some form of discrimination being used against you.


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