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Understanding the Holidays Act a guide for employers 2022-23
1 December, 2022 | Carolyn Ranson
The festive season can be a challenging time of year for employers as you try to grapple with the complexities of the Holidays Act and understand employee entitlements. We set out here the requirements specific to the 2022/2023 festive holidays.
Public Holidays during a Close Down Period
If a business has a close down period that includes public holidays (as can happen over the Christmas and New Year period) then the employee is entitled to be paid public holidays if the public holidays fall on days which would otherwise be working days for them.
Monday to Friday Workers
For Monday to Friday workers, as Christmas Day and New Year’s Day both fall on a weekend (Sunday) this year, those holidays are ‘Mondayised’. This means they will be observed on the following Tuesdays in each case, being Tuesday 27 December 2022 and Tuesday 4 January 2023. Boxing Day and the day after New Year’s Day fall on a Monday and will be observed on those days. Monday to Friday employees will have those four days off and should receive full pay. Again, employees are entitled to be paid these public holidays even if the business is closed down over the period.
For weekend workers, as Christmas Day, and New Year’s Day fall on the weekend they will be observed on the days they fall. This means that employees will not work on Sunday 25th December 2022 and Sunday 1st January 2023 but will receive full pay.
Working on a Public Holiday
If a worker works on a public holiday, they should be paid time and a half and may also receive a day off in lieu.
Casual/On Call Workers
Casual/On Call Workers are entitled to receive payment for a public holiday if it would otherwise have been a working day. For example, if an employee can show a pattern of working on Mondays, they would more than likely be entitled to be paid for Boxing Day and the day after New Year’s Day.
Transferring the Observance of Public Holidays
Employers and employees can agree to transfer the observance of public holidays to another working day. Any request must be considered in good faith and any agreement must meet minimum statutory requirements.
If you would like to discuss any matters relating to holiday leave entitlements or any other employment related matter, please contact our highly experienced employment specialists to set up an appointment today.