Public Holiday Rights*
This issue arose in a case of Paula Spain and Matter Private Hospital being case ADJ-00030720. The Respondent in this case pointed to the case of Cheshire Ireland -v- Donaghey DWT1674 where the employee in this case worked 19 hours per week but her working pattern was 4 hours on Tuesdays and 7.5 hours on Wednesdays and Thursdays. As all three Public Holidays which was the subject of her claim fell on a Monday when she was not normally rostered for work, the Labour Court found that the employer’s approach of granting one fifth of her weekly hours, 3.8 hours, for each public holiday in the form of extra annual leave was compliant with the Regulations.
The Adjudication Officer in this case referred to the case of Cheshire Ireland -v- Gallagher being DWT1673 where the Adjudication Officer pointed out that the Labour Court in that case observed;
“The clear purpose of the Regulations is to ensure that during Public Holidays an employee receives no less (or no more) than he or she would have received if he or she was working during the period in question”.
In this particular case the Adjudication Officer held that the manner in which the employee worked did not comply and compensation was awarded.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.