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In previous years we have had to do funny things with public holidays over Christmas New Year. Why don't we have to do that this year? |
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It is only when Christmas and New Year holidays fall on a Saturday or Sunday that the transfer provisions of Section 45 apply.
- This year, none of these holidays fall on a Saturday or Sunday, so Section 45 is irrelevant.
Section 45
Transfer of public holidays over Christmas and New Year
(1) For the purposes of this subpart, if any of the public holidays listed in section 44(1)(a) to (d) (christmas and new year)
(a) falls on a Saturday and the day would otherwise be a working day for the employee, the public holiday must be treated as falling on that day:
(b) falls on a Saturday and the day would not otherwise be a working day
for the employee, the public holiday must be treated as falling on the following Monday:
(c) falls on a Sunday and the day would otherwise be a working day for the employee, the public holiday must be treated as falling on that day:
(d) falls on a Sunday and the day would not otherwise be a working day for the employee, the public holiday must be treated as falling on the following Tuesday.
(2) To avoid doubt, this section does not entitle an employee to more than 4 public holidays for the days listed in section 44(1)(a) to (d) (christmas and new year).
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What this section effectively says is
- If the Christmas or New Year holidays fall on a Saturday or Sunday, and the employee normally works on a Saturday or Sunday, then the Saturday or Sunday are public holidays.
- If an employee does not usually work on the Saturday or Sunday, then the public holidays are the following Monday or Tuesday.
The old Section 9 of the Holidays Act 1981, which the new
Section 45 has replaced, effectively meant that in the circumstances you describe, the Saturday and Sunday would never be public holidays, and the Monday and Tuesday always were.
Whilst this was fine in the old 40 hour five days a week business environment, it had some unusual side effects in today's 24/7 society. If an employee usually worked Saturday and Sunday, and never worked Monday and Tuesday, under the old
Act, the employee would have to work Christmas and Boxing day, receive no additional pay, and not be entitled to the Monday and Tuesday as public holidays.
It is this scenario that the new
Section 45 has endeavoured to correct. | |
52 week history not required
Holiday pay entitlements
Holidays Act 2003