Bank holiday pay question

Brid Hegarty · 13-09-2021 10:54am #1

I worked a night shift (12 hours) recently which overlapped with a bank holiday (Mon to Tues). I got paid double time for the 4.5 hours that fell on this Monday. I didn't get any additional bank holiday pay to this. But during another week I didn't work the bank holiday I got paid 8 hours pay for it.

How can it be that I get paid more for not working on that day? If this isn't illegal, then in future I will pretend that I'm unavailable to work night shifts that overlap with a bank holiday. Not to mention the fact that I only get paid for an 8 hour day when all my shifts are 12 hours. In my contract it reads:

An employee not working on a public holiday will receive payment in accordance with the Organisation of Working Time Act, 1997 or if part-time, calculation will be made on a pro-rata basis.

And no, I cannot make sense of what it says in the Working Time Act thing. Does anyone know what the law is when it comes to this?

heretothere · 13-09-2021 3:49pm

This might be a bit clearer - https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

Are you working there full time or part time? If you are doing 12 hr shifts I'm guessing that you have done more than 40 hours in the last five weeks. Although I presume you're talking about the Aug bank holiday, might be a bit late to be bringing this up with an employer now but I'd still ask them.

Brid Hegarty · 13-09-2021 8:16pm

https://www.boards.ie/discussion/comment/117885506#Comment_117885506

Thanks,

Yeah, I have worked more than an average of 40 hours. There doesn't seem to be an answer in there. I do hope this isn't a grey area that employers can abuse!

ZX7R · 13-09-2021 8:30pm

When does your working week start and finish.

When I did security my working roster never matched up to the working week.

I could end up with a bank holiday hours split between two wage payments.

Brid Hegarty · 13-09-2021 9:16pm

https://www.boards.ie/discussion/comment/117886744#Comment_117886744

When does your working week start and finish.

The same as a regular week. It's got nothing to do with that.

heretothere · 14-09-2021 12:09pm

I'd give citizens advice a call. They are usually very helpful. I'm casting back to when I did do payroll, but I can't say I ever came across a situation like you describe.

micks · 17-09-2021 10:01pm

https://www.boards.ie/discussion/2058208579/bank-holiday-pay-question

The 8 hrs is in lieu of the BH "Day Off"

You should have got 4.5 double + 8 Hrs in lieu of day Off for working the BH

Brid Hegarty · 20-09-2021 6:25pm

https://www.boards.ie/discussion/comment/117906131#Comment_117906131

Are you sure? I rang the WRC and they told me that I'm now owed an extra 7.5 hours for that night shift that overlapped with the BH Monday.

But they said that I'm entitled to 12 hours (not 8) for the BH days that I wasn't working. So according to them, it should add up to 12 hours additional pay in both cases.

Bank holiday pay question

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