Potential Breach of Employment Rights

LegacyUser

Hey all,

Just looking for a little advice on what to do?

Basically it looks like the company I work for are not paying currently with regards to bank holidays(i.e Xmas, Stephan's Day etc). From my understanding if you've worked a combined total of 40 or more hours in the previous 4 weeks your entitled to a days pay for these bank holidays?

Is that correct?

If so, it seems two of my work colleagues(both part timers) who have meet the 40 hour total aren't going to get paid for these bank holidays, now these two are only with the company a short time.

They've not spoken to me about this, nor have I.

I just feel that if this company(a fairly big company) are leaving staff short it needs to be rectified.

I've heard there are bodies which you can report such things too, would NERA be one and can it be done anonymously? As I work in a position of limited power and reporting the company wouldn't be seen as a teamplayer move, as the bank holiday pay breach(from what i can see is a breach) doesn't actually affect me or my pay as i do get paid for them...

Also I may ad, if my above scenario is in fact a breach of employment law, then I'd be very confident that its happening in other stores within the company

Cheers in advance for your advance

gerrycollins

While they may have qualified under the 40hr rule they also have to be employed for a minimum 13 weeks.

You have said that they are only with the company a short time.

Also NERA keep everything confidential so reporting this is a matter for you to decide on of you feel the laws are been broken

LegacyUser

Cheers for the reply...

One of the members of staff has been there for 4 months at the very least, the other not 100% certain but i'll check it out

Gone West

anno88 wrote: »

I just feel that if this company(a fairly big company) are leaving staff short it needs to be rectified.

And why do you need to be the one to do it?

I've seen otherwise great junior guys ruin their reputation by doing stuff like this.
Constantly whispering in the ears of others, telling them their rights.
On one hand, very noble of you.
On the other hand, consider this:
Is it a decent, reasonable place?
Would you suspect that the HR team are well versed in the law?
Without knowing all the facts, you might not realise that the company is doing nothing wrong and you are just stirring up trouble.

JRR

If they have worked at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day they normally work they are entitled to a day's pay for the public holiday.

If they do not normally work on that particular day they should receive one-fifth of their weekly pay.

The employer may choose to give paid time off instead of pay for the public holiday.

LegacyUser

Fuzzy wrote: »

And why do you need to be the one to do it?

I've seen otherwise great junior guys ruin their reputation by doing stuff like this.
Constantly whispering in the ears of others, telling them their rights.
On one hand, very noble of you.
On the other hand, consider this:
Is it a decent, reasonable place?
Would you suspect that the HR team are well versed in the law?
Without knowing all the facts, you might not realise that the company is doing nothing wrong and you are just stirring up trouble.

Well the answer your question, the company is a conglomerate which nearly 40 stores in Ireland along.

And that's why I've come on here just to make sure I don't stir up trouble unnecessarily...

If they have worked at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day they normally work they are entitled to a day's pay for the public holiday.

If they do not normally work on that particular day they should receive one-fifth of their weekly pay.

The employer may choose to give paid time off instead of pay for the public holiday.

The staff in question don't normally work on those days, but to say that their hours are kinda sporadic to be honest.

With regards to paid time in lieu, I've not experienced it, this company will only give you 4 weeks holidays at your contracted hour not taking into account extra hours worked

i.e A former colleague worked an average of 30 hours for 6 months last year(covering hours left vacant after someone left) and worked the remaining 6 months of his contract at his contracted hours...they only got their 4 weeks holidays at their contracted hours...sorry to go off topic

mrsbyrne

You need to go to the citizens information website and spend some time reading up on employment rights because, no offence, you havent a clue.
Employment rights are complex and there are many myths on the go.
Please don't try to advise other employees until you have got your facts straight.

LegacyUser

I think saying I haven't a clue is a little harsh...I'm no expert but I've a better knowledge than a couple of my mates who've degrees in which they studied employment law...

If you work a total of 40 hours in a 4 week period immediately before a bank holiday you are

a- Entitled to a days pay if you normally work that day
b- Entitled to a fifth of your contracted hours for the day
c- Time in lieu

I issue there seems to be, in this company the part time staff who don't work these days normally(but still have done a number of those days in their previous 2 months) don't get paid, or time in lieu...Yet the management get their full days pay even when the bank holiday falls on their day off, I don't feel it fair that their is one rule for management and another for associates...

The complexity of employment rights and law is the reason i decided to post here before doing anything as I've already learnt a bit...

And finally, I've no intention of advising staff for a number of reasons

a- not quailified enough
b- would be seen by the company who employ me as the wrong thing to do

Purely looking for information and with the information i gather, if it seems there may be a breach of employment rights and laws I would inform the appropriate bodies and let them sort it out.

All I want is people to be paid fairly and treated well when they work, and as I'm technically part of management, I certainly wouldn't want to be associated with a management structure who show disregard for employment law and the people its there to protect

wmpdd3

Where I work part time staff get 1/5 of their contracted hours paid for the bank holiday if they are off that day.

I take it there isn't a handbook or a contact to check out?