Is Christmas Day a public holiday in 2021?

MSF079

Hi.

I've recently been told by my employer that the I'm not getting 2 public holiday days for Christmas this year as it occurs at the weekend. After checking online, I found this from the Irish statute book (http://www.irishstatutebook.ie/eli/1961/act/33/section/8/enacted/en/html):

8.—(1) Subject to the provisions of this section, each of the following days shall, in respect of all workers, be for the purposes of this Act, a public holiday;

(a) Christmas Day when it falls on a weekday or, when it falls on a Sunday, the 27th day of December,

(b) St. Stephen's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday,

So, if I'm understanding correctly, if Christmas Day is on a Sunday, it's moved to the 27th, and we get the usual two holiday days; but if St Stephen's Day is the Sunday, it's moved to the following Monday, and the Christmas Day holiday is lost. That seems a bit strange to me. Are there any legal experts who can comment on this?

Thanks.

Pawwed Rig

Your employer is wrong. You will get your hols. It has happened before

MSF079

https://www.boards.ie/discussion/comment/117905816#Comment_117905816

It does seem off to me. I wanted to blast HR, quoting some lines from the statute, only to find out the wording of the Holidays (Employees) Act, 1961 seems to back them up!

Pawwed Rig

This touches on the subject

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

MSF079

https://www.boards.ie/discussion/comment/117905858#Comment_117905858

Thanks.

I've done some more digging and found this: http://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/. It seems the 1961 act has been superseded by the Organisation of Working Time Act, 1997, and it does mention that a public holiday shall be substituted if it falls on a day the employee would not ordinarily work.