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Bike to work scheme legality

  • 28-04-2010 7:42pm
    #1
    carddub
    Closed Accounts Posts: 6 ✭


    Hi,
    Does anyone know is it legal for an employer to offer the 'bike to work scheme' to some empolyees and not to others?


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    carddub wrote: »
    Hi,
    Does anyone know is it legal for an employer to offer the 'bike to work scheme' to some empolyees and not to others?
    Technically yes, but it depends on what basis they're using to offer it to one person and not another.

    If the company is at all subsidising the cost of the bike, then they're perfectly entitled to pick and choose who gets that benefit. However if they're just running the scheme as-is, it makes no difference from the company's POV who can avail of it because the cost to company is nil.

    In fact, you would be setting yourself up for hassle by making it exclusive because it could potentially be used as evidence that bullying or discrimination is taking place by offering it to one employee and not another.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Actually I'm wrong, thanks to the cycling forum:
    s118(5G) TCA 1997:

    "...The exemption only applies where bicycles/safety equipment are made available by the employer generally to all of its directors and employees. The exemption does not apply where the employer provides a bicycle and/or bicycle safety equipment for selected employees or selected directors..."
    So while they can operate a "bike scheme" of their own where they only offer it to some employees, they cannot avail of the tax relief under the bike to work scheme from revenue unless they offer it to everyone.


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