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Can my boss force me to go outside in the rain?

  • 19-03-2013 1:48pm
    #1
    Registered Users, Registered Users 2 Posts: 38


    I work on a very large campus, where all the office buildings, except one, are joined by internal corridors. I have recently been moved to the one building not joined to the others, that is a 5-7 min walk away from the rest. My manager is insisting on me going from this building to the others for specific meetings, even in the most inclement weather. Driving is not realistic, as by the time I've walked to my car, I'm half way there, and there's no guarantee of parking near the other building.

    I am a permanent employee and my contracts were signed well before this new building existed. Do I have any rights to refuse to go outside when it's lashing down / snowing?


«1

Comments

  • Registered Users, Registered Users 2 Posts: 38 Avasa


    Buy an umbrella...


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    ellybabes wrote: »
    I work on a very large campus, where all the office buildings, except one, are joined by internal corridors. I have recently been moved to the one building not joined to the others, that is a 5-7 min walk away from the rest. My manager is insisting on me going from this building to the others for specific meetings, even in the most inclement weather. Driving is not realistic, as by the time I've walked to my car, I'm half way there, and there's no guarantee of parking near the other building.

    I am a permanent employee and my contracts were signed well before this new building existed. Do I have any rights to refuse to go outside when it's lashing down / snowing?

    Does your contract specify which building you are to work from or does it say you are an employee and must do what we say ?


  • Registered Users, Registered Users 2 Posts: 818 ✭✭✭Triangla


    Plus one on buy an umbrella.

    Time yourself getting there so make sure to factor this time into putting meetings into calendar.

    Wait until sunny days, you'll be delighted.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    Corkbah, it doesn't specify what building - if it did, there would have needed to be updates in the last few years, as they've moved me several times to different buildings. It may have something about the "being an employee and doing what we say", but I'll have to dig it out and re-read it tonight.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    Triangla wrote: »
    Plus one on buy an umbrella.

    Time yourself getting there so make sure to factor this time into putting meetings into calendar.

    Wait until sunny days, you'll be delighted.

    It's not as simple as buying an umbrella, even with that my trousers get soaked walking across.

    I do plan most of my days so that I group my meetings into one end of the campus or another, and head out well in advance when there's a break in the showers, but today the rain / snow didn't let up for 2 hours straight.

    Today's meeting is a "mandatory" one for my team, and when I expressed that I didn't want to go outside in the current weather, I was told I had no choice.


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  • Registered Users, Registered Users 2 Posts: 905 ✭✭✭StompToWork


    If the company was decent, they would provide a supply of umbrellas at each entrance/exit for use between buildings. That's what our company does, and nobody has a problem with it.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Buy a pair of welly's that will go over your trousers. Lots of nice wellys now a days, not all of them are the red or yellow ones from our childhood. Some of them look really nice. Carry your shoes, stick on wellys, trousers covered, feet warm and dry, get to other building, swap shoes.

    You live in Ireland - it rains.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    I dont want to be rude but have you considered quitting ?

    if you are not willing to travel a little bit in the outdoors to get to a meeting you seriously need to look at yourself in terms of your work ethic....do you tell your boss you cant make it into work when it snows ? or is icy on the roads ?

    there are hundreds/thousands of people who are possibly qualified to do your job and they cannot get a job, I work in a job where I'm outdoors at some part of the day - every day!! and basically if I don't work, I don't earn money....I've stood out in the rain, sleet, snow, freezing temperatures (I think we had -12, -15 about 2/3 years ago) and strong northerly winds.

    Working is not a right, its a privilege .... you can very easily walk away from your job and you don't have to go out in the rain/sleet/snow/wind for those 5/7mins ever again !!

    Maybe I have a strong work ethos because I was unemployed for a period during the boom years (2003/2004 ...for about 6months) .... maybe I have issues with people who have a sense of entitlement !! .... either way .... its your job, if you don't want to do part of your job that your boss says you need to do ...your alternative is quitting or putting up with it and wait for the good weather !!

    would you be complaining if it was not raining/sleet/snowing ???


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    It's rain, despite what the grown ups told us when we were kids - we will not catch pneumonia. I work in an office away from the main building, I walk several times a day for meetings, or even just to get tea, I've been doing it for 4.5 years and I'm still alive.

    Avasa's suggestion of an umbrella is the best advice you're going to get. I honestly think complaining about walking for a few minutes in the rain is entirely unreasonable.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    Corkbah wrote: »
    I dont want to be rude but have you considered quitting ?

    if you are not willing to travel a little bit in the outdoors to get to a meeting you seriously need to look at yourself in terms of your work ethic....do you tell your boss you cant make it into work when it snows ? or is icy on the roads ?

    there are hundreds/thousands of people who are possibly qualified to do your job and they cannot get a job, I work in a job where I'm outdoors at some part of the day - every day!! and basically if I don't work, I don't earn money....I've stood out in the rain, sleet, snow, freezing temperatures (I think we had -12, -15 about 2/3 years ago) and strong northerly winds.

    Working is not a right, its a privilege .... you can very easily walk away from your job and you don't have to go out in the rain/sleet/snow/wind for those 5/7mins ever again !!

    Maybe I have a strong work ethos because I was unemployed for a period during the boom years (2003/2004 ...for about 6months) .... maybe I have issues with people who have a sense of entitlement !! .... either way .... its your job, if you don't want to do part of your job that your boss says you need to do ...your alternative is quitting or putting up with it and wait for the good weather !!

    would you be complaining if it was not raining/sleet/snowing ???

    No, I've not considered quitting. This is the first time this issue has raised it's head in years. When I was previously based in a remote building, the meetings all took place in that building.

    As for when it rains / snows / etc on the roads, I leave extra time to get to work, and if I'm late I more than make up the hours.

    Please don't question my work ethic based on 2 or 3 posts on Boards.ie, you've no idea what I've gone through in the last 10 years to stay in work, and keep my family/house running. I chose a career path that meant office work, because I'm not cut out for outdoor work. If I spend too much time outdoors, or get wet and can't dry out, then I get sick easily, and that's much worse for my boss, as I'd have to take time off to recover.

    I appreciate all your suggestions and those of the others that have posted, but I was simply trying to find out the answer to one question - does my boss have the right to MAKE me go outside in inclement weather?


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  • Registered Users, Registered Users 2 Posts: 21,433 ✭✭✭✭Ash.J.Williams


    how far are you from your transport? What if it's raining in the evening after work? Or in the morning on the way?


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    It's rain, despite what the grown ups told us when we were kids - we will not catch pneumonia. I work in an office away from the main building, I walk several times a day for meetings, or even just to get tea, I've been doing it for 4.5 years and I'm still alive.

    Avasa's suggestion of an umbrella is the best advice you're going to get. I honestly think complaining about walking for a few minutes in the rain is entirely unreasonable.

    It may be true that it has done you no harm, but the multiple times I've been sick in my life because of it, means my circumstances are different. I've been punished in my annual reviews for "taking too much sick time" in the past, so I'm really trying to avoid it.

    You may be believe that what I'm asking is unreasonable, but I wasn't asking for comment on it, I was just asking if anyone knew the legal position.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    how far are you from your transport? What if it's raining in the evening after work? Or in the morning on the way?

    Not part of the question I am asking, not relevant to the discussion.


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    ellybabes wrote: »
    You may be believe that what I'm asking is unreasonable, but I wasn't asking for comment on it, I was just asking if anyone knew the legal position.

    If you refuse to do your job on unreasonable grounds, then you could end up in disciplinary meetings and ultimately lose your job.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    ellybabes wrote: »
    No, I've not considered quitting. This is the first time this issue has raised it's head in years. When I was previously based in a remote building, the meetings all took place in that building.

    As for when it rains / snows / etc on the roads, I leave extra time to get to work, and if I'm late I more than make up the hours.

    Please don't question my work ethic based on 2 or 3 posts on Boards.ie, you've no idea what I've gone through in the last 10 years to stay in work, and keep my family/house running. I chose a career path that meant office work, because I'm not cut out for outdoor work. If I spend too much time outdoors, or get wet and can't dry out, then I get sick easily, and that's much worse for my boss, as I'd have to take time off to recover.

    I appreciate all your suggestions and those of the others that have posted, but I was simply trying to find out the answer to one question - does my boss have the right to MAKE me go outside in inclement weather?

    and like I posted in my first response to you - check your contract, its more than likely you are an employee so must do what you are told, as whoopsydaisy has said 5-7mins of outdoors (regardless of the weather) is not going to kill you and the likelihood it will make you sick is fairly slim.

    Best thing you can do is invest in rain gear (ie. umbrella, rain proof pants and jacket) and leave them in work for when you need to go out in the nasty bad weather.

    if you happen to get sick from travelling 5-7mins in rain I would suggest you ensure that your boss knows it was because you were out in the rain for a few mins (although personally I think you will quickly find yourself on the unemployment line if you constantly get sick when exposed to the elements for a few mins a day)

    What do you do for your lunch ?? stay indoors ?? how do you travel to and from your car ?? its pretty much the same thing.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Ash J.Williams asks a valid point - how do you keep your trousers dry and avoid the dreaded sickness getting to/from your car? You have said walking to your car is practically half the journey already, so when it's raining how do you keep your poor feet and trousers dry?

    Seriously, buy a waterproof jacket and a pair of wellys and a brolly - suck it up.

    Legally do you not have a soggy leg to stand on!

    The best you can hope for is maybe to ask your employer to cover the cost of the above items.


  • Closed Accounts Posts: 3,298 ✭✭✭Duggys Housemate


    ellybabes wrote: »

    It may be true that it has done you no harm, but the multiple times I've been sick in my life because of it, means my circumstances are different. I've been punished in my annual reviews for "taking too much sick time" in the past, so I'm really trying to avoid it.

    You may be believe that what I'm asking is unreasonable, but I wasn't asking for comment on it, I was just asking if anyone knew the legal position.

    The legal position is you have to work in the Offices they provide, and be prepared to travel to other offices of the company across the country and world within reason if your job demands it. At least that is my contract, which is standard. . I can't see it being an illegal contract.


  • Registered Users, Registered Users 2 Posts: 2,746 ✭✭✭zoobizoo


    Someone once said that there's no such thing as bad weather.... only bad clothing.

    I hate getting wet but 5 - 7 minutes is nothing in the rain if you have a large gold umbrella, a decent long coat and decent shoes.

    You can always leave a spare set of shoes, socks and trousers in the office for when you do get wet.

    You say that you'd be at your car in 3 mins or so and presumably you don't have an issue with getting from your car into the office when it rains. I'm not sure why another 3 mins on top of that has you so aggrieved. I also think that in work we need to choose our battles.

    It rarely rains that torrentially in Ireland.

    How many of these meetings might you have a week?


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    ellybabes wrote: »
    Not part of the question I am asking, not relevant to the discussion.

    :rolleyes: of course it's relevant!


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    how far are you from your transport? What if it's raining in the evening after work? Or in the morning on the way?
    ellybabes wrote: »
    Not part of the question I am asking, not relevant to the discussion.

    its completely relevent !!

    you ask can your boss make you go outdoors for a period of 5-7mins to get to a meeting and you object because of the weather, but you could be walking 15mins in the same weather getting to and from your car so walking a couple of mins during the working day is immaterial if you have a longer trek to get to and from your vehicle.

    To be honest it makes your point moot !


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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    ellybabes wrote: »
    . . . does my boss have the right to MAKE me go outside in inclement weather?
    Unless there's something quite unusual in your contract of employment, yes, he does.

    I'm assuming there's no question of your being victimised. You haven't, for instance, been moved to a remote and inconvenient work location because the boss has taken a dislike to you. I'm assuming the fact that you work in this building is the outcome of a defensible operational reason, having regard to the available accommodation and the needs of the employer, yadda, yadda, yadda.

    It would be an unusual contract of employment which gave an express or implied guarantee that all the places you might have to go to would be in the same building, or would be connected by covered accommodation. Hospitals, universities and lots of large industrial employers have campus-type premises with buildings separated by open space, and having to walk between buildings in the course of the working day is pretty standard.

    As others have said, umbrellas are your friend. If your trousers are still getting wet, get one of those huge golf umbrellas. Also, unless the dress code at your workplace prevents it, invest in a couple of pairs of quick-drying non-iron trousers, as sold in camping/outdoor activity shops to travellers. They don't have to look like army surplus - you can get quite smart ones.


  • Registered Users, Registered Users 2 Posts: 34,685 ✭✭✭✭NIMAN


    I can't do my job cos I might get wet !

    Jez, I despair of some people.

    There's about 430,000 people who would love to swap places with you and get a good soaking if they could get a permanent job out of it.


  • Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    5 minute walk? Seriously, this is exactly what's wrong with this country. Get a pair of wellies and a coat.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    Corkbah wrote: »
    its completely relevent !!

    you ask can your boss make you go outdoors for a period of 5-7mins to get to a meeting and you object because of the weather, but you could be walking 15mins in the same weather getting to and from your car so walking a couple of mins during the working day is immaterial if you have a longer trek to get to and from your vehicle.

    To be honest it makes your point moot !

    The car is 3-4 mins walk away. If it's pissing down, I stay late in work instead of walking in the rain. In the mornings, the car is 30 secs away from my house, and if it's raining (not drizzling, but raining), then I wait in the car for it to stop before heading into the office.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    Peregrinus wrote: »
    Unless there's something quite unusual in your contract of employment, yes, he does.

    I'm assuming there's no question of your being victimised. You haven't, for instance, been moved to a remote and inconvenient work location because the boss has taken a dislike to you. I'm assuming the fact that you work in this building is the outcome of a defensible operational reason, having regard to the available accommodation and the needs of the employer, yadda, yadda, yadda.

    It would be an unusual contract of employment which gave an express or implied guarantee that all the places you might have to go to would be in the same building, or would be connected by covered accommodation. Hospitals, universities and lots of large industrial employers have campus-type premises with buildings separated by open space, and having to walk between buildings in the course of the working day is pretty standard.

    As others have said, umbrellas are your friend. If your trousers are still getting wet, get one of those huge golf umbrellas. Also, unless the dress code at your workplace prevents it, invest in a couple of pairs of quick-drying non-iron trousers, as sold in camping/outdoor activity shops to travellers. They don't have to look like army surplus - you can get quite smart ones.

    Thank you for the contract-related advice. That makes sense.


  • Registered Users, Registered Users 2 Posts: 38 ellybabes


    NIMAN wrote: »
    I can't do my job cos I might get wet !

    Jez, I despair of some people.

    There's about 430,000 people who would love to swap places with you and get a good soaking if they could get a permanent job out of it.

    Those 430,000 people might want to do my job, but I'd doubt that more than 5 of them are qualified to do so.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    ellybabes wrote: »
    Those 430,000 people might want to do my job, but I'd doubt that more than 5 of them are qualified to do so.

    Really !! ... I want to know what you do now.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    ellybabes wrote: »
    The car is 3-4 mins walk away. If it's pissing down, I stay late in work instead of walking in the rain. In the mornings, the car is 30 secs away from my house, and if it's raining (not drizzling, but raining), then I wait in the car for it to stop before heading into the office.

    ok fine, that all makes sense...but you have a job where you can afford to take time and sit in your car for fear of getting wet, obviously have a fairly flexible employer if this is allowed, and yet you are moaning about having to walk 5-7 mins in 'possibly' wet weather!! :eek:

    Jesus, I wish I had your problems :rolleyes:


  • Registered Users, Registered Users 2 Posts: 2,746 ✭✭✭zoobizoo


    I used to avoid the rain all the time as I'd get sick often. I used always think that getting rained on is what did it to me.

    I surf these days and am out in rain, snow, cold water (for hours on end) and get changed on the sides of country lanes in lashings of rain while being blown away. I haven't gotten sicker because of it.

    In fact now, I don't mind getting rained on as much. Mind over matter.


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  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Getting wet is not usually what makes you sick - sitting in wet clothes/shoes in a warm room will possibly make you unwell (humidity, and the fact that you sweat more despite feeling cold etc just knocks your own internal thermostat out and then you can end up with a cold or feeling unwell). Being wet for a prolonged period might increase muscle aches and pains.
    But it is easily solved as many have said by dressing appropriately and having a spare set of shoes and clothing available.

    Where there is a will there is a way - looks like OP just doesn't want to inconvenience themselves.

    Personally, I would rather go out in the rain to attend a meeting all my peers and colleagues are attending than be the only one not attending and be left of a potenitally important and/or informative meeting. Priorities - some people just don't seem to get what is more important.


  • Closed Accounts Posts: 687 ✭✭✭WhatNowForUs?


    What is with a load of people in this country. We're raising a bunch of pu**ies. Rain is water we drink the stuff. It does not make us sick. Viruses make us sick.
    People open the windows on the buses when it raining / cold and we will see allot less sickness.
    Air needs to circulate.
    Fresh air is good.
    Get out and don't be so precious.


  • Registered Users, Registered Users 2 Posts: 71 ✭✭jkrowling


    Unless you're a disprin and will dissolve when wet you aint got a leg to stand on!


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    I think more likely the rain is an excuse not to attend boring meetings! What excuse will there be on bright sunny days???


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    My contract states that I can be asked to work at any branch of our company, worldwide. I doubt that they would pay for my sunscreen in California :-)

    We had a similar issue with staff walking between two buildings <1 min apart.
    Employees complained about having to buy their own rain gear,so the company provided gear for them, bright yellow because the EH&S manager put her oar in, and made it mandatory to wear the gear at all time when moving between the buildings. After a couple of weeks they wished that they had not asked.


  • Registered Users, Registered Users 2 Posts: 741 ✭✭✭therewillbe


    ellybabes wrote: »
    It's not as simple as buying an umbrella, even with that my trousers get soaked walking across.

    I do plan most of my days so that I group my meetings into one end of the campus or another, and head out well in advance when there's a break in the showers, but today the rain / snow didn't let up for 2 hours straight.

    Today's meeting is a "mandatory" one for my team, and when I expressed that I didn't want to go outside in the current weather, I was told I had no choice.

    Get your butt down to a queue outside a dole office in the rain!


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  • Registered Users, Registered Users 2 Posts: 29,095 ✭✭✭✭looksee


    I spent the last 8 years working in a place where the only way to anywhere else was to go outside, in any weather. This generally happened every hour. In fact, although we get a lot of rain, it is really not very often heavy and persistent. A brolly, a coat, waiting a couple of minutes for the worst to be over sorted pretty well every situation. I think on the scale of issues with jobs, this is a non-issue.


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    The legal position is you have to work in the Offices they provide, and be prepared to travel to other offices of the company across the country and world within reason if your job demands it.

    I doubt that having to relocate to anywhere in the world would be legal.

    But there is a reasonable-ness test somewhere in there. I've seen posts from people being transferred from one side of Dublin to the other, asking if the employer is allowed to do that. The general consensus was that it is legal provided the new and old locations are within Xkms of each other. (Maybe 50kms ... I'm not sure if there's anything in that figure, though, or if I'm just making it up.) On that basis, I'm picking that a five-minute walk would be a problem.

    OP, do you have any possible solutions? If everyone else had to come to your building, the problem would be the same, they would get wet instead of you. So - is there a reasonable way that everyone who ever has to meet face to face can be in the same building? This may be a more productive line of thinking than the "you can't make me" approach.

    And while I agree that there can be short periods of torrential rain in the summer monsoon season (I'm not kidding, it's happened each summer that I've been in the country!) .... the rain lasts for minutes, not forever. Time your journeys and you'll hardly ever get wet. (I work on an industrial estate, now about 10 mins walk from the bus-stop. I don't own a car. And I've only got soaked once in five years, due to a combination of a common sense, umbrella use, taxis, and a little but of luck.


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭PizzamanIRL


    Get a grip its only a bit of bad weather. Prepare yourself and wrap up well. Asking after hours was a good start.


  • Posts: 50,630 ✭✭✭✭ [Deleted User]


    Get a grip its only a bit of bad weather. Prepare yourself and wrap up well. Asking after hours was a good start.

    Dude, shhhh, you're not in after hours!


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    But there is a reasonable-ness test somewhere in there. I've seen posts from people being transferred from one side of Dublin to the other, asking if the employer is allowed to do that. The general consensus was that it is legal provided the new and old locations are within Xkms of each other. (Maybe 50kms ... I'm not sure if there's anything in that figure, though, or if I'm just making it up.) On that basis, I'm picking that a five-minute walk would be a problem.

    There's no figure set out in law, last time I had a look - but that applies to relocation, not "travelling" as part of work which is more what this is about.

    It'd be a sad day for common sense if this sort of thing had to be spelt out in law IMO.

    ellybabes - I suppose you could go through your contract with a fine tooth-comb and get legal advice about making a stand if there's nothing there about "carrying out other duties as requested" etc. But I think you should let common sense prevail and have some sort of basic protection against the rain if you need to walk for a few minutes.


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  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ellybabes wrote: »
    Not part of the question I am asking, not relevant to the discussion.

    Well in your OP you stated "Driving is not realistic, as by the time I've walked to my car, I'm half way there" so in fact if it is raining when you arrive or leave work you have half the journey to complete to get to work or car. So I don't understand the issue you have.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    ellybabes wrote: »
    The car is 3-4 mins walk away. If it's pissing down, I stay late in work instead of walking in the rain. In the mornings, the car is 30 secs away from my house, and if it's raining (not drizzling, but raining), then I wait in the car for it to stop before heading into the office.

    What if it does not stop raining, this is Ireland.


  • Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Sacksian


    ellybabes wrote: »
    I am a permanent employee and my contracts were signed well before this new building existed. Do I have any rights to refuse to go outside when it's lashing down / snowing?

    As far as I know, under European Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, you have an absolute legal right to (or a reasonable expectation of) "one-out all-out rain refusal", whereby you can refuse to go outside when it's raining or snowing, unless all employees are forced to go out - in which case, you will have to suck it up. I understand there's a legal loophole whereby this does not apply in cases of sleet or drizzle.

    Can't remember the specific legislation, so might be mistaken.


  • Registered Users, Registered Users 2 Posts: 1,429 ✭✭✭Cedrus


    I have to go out several times a day, and sometimes stay out, in whatever the weather is. The campus I work on is about 3km x 2.5km, it can take 25 minutes to get from the northernmost building to the store at the south end. Meetings, canteen, photocopier, colour printer and toilets are all in different buildings to me. My employer provides raingear but the weather is rarely bad enough (even in Ireland) to wear the overtrousers, the coat is warm and effective at this time of year but is a misery on warm wet summer days.

    The worst of days doing all of this, is a million times better than the one day a month I had to queue for hours outside the Department of Social Protection.

    You may have a case to get your employer to provide Personal Protective Equipment, but without a definite medical condition, I doubt that you have any grounds to refuse to move between buildings on company time when you are able to do it on your own time.


  • Registered Users, Registered Users 2 Posts: 1,429 ✭✭✭Cedrus


    Sacksian wrote: »
    As far as I know, under European Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, you have an absolute legal right to (or a reasonable expectation of) "one-out all-out rain refusal", whereby you can refuse to go outside when it's raining or snowing, unless all employees are forced to go out - in which case, you will have to suck it up. I understand there's a legal loophole whereby this does not apply in cases of sleet or drizzle.

    Can't remember the specific legislation, so might be mistaken.

    I can't see anything in that directive


  • Registered Users, Registered Users 2 Posts: 7,939 ✭✭✭ballsymchugh


    it's times like this that i wonder if everyone was technically self employed, would there be a better workforce, where you only got paid for the work that you did.
    ie, waiting for rain to stop would mean losing out.


  • Registered Users, Registered Users 2 Posts: 399 ✭✭solas111


    ellybabes wrote: »
    I work on a very large campus, where all the office buildings, except one, are joined by internal corridors. I have recently been moved to the one building not joined to the others, that is a 5-7 min walk away from the rest. My manager is insisting on me going from this building to the others for specific meetings, even in the most inclement weather. Driving is not realistic, as by the time I've walked to my car, I'm half way there, and there's no guarantee of parking near the other building.

    I am a permanent employee and my contracts were signed well before this new building existed. Do I have any rights to refuse to go outside when it's lashing down / snowing?

    I have not read all of the posts here so apologies if I am repeating what someone else has said.

    In my opinion this boils down to what can be reasonably be expected of you. Your boss is obliged to provide you with safe working conditions and the equipment to do the job. This may mean providing suitable protective clothing so that you can get from one place to another without getting wet.

    It would be reasonable of your boss to expect you to get to and from this building as required, providing that suitable personal protective equipment is provided for that purpose. If you have a medical condition that makes it difficult or dangerous for you to carry out the required duties perhaps you could discuss that calmly with your boss, providing proof by way of a letter from the doctor if necessary. If this is a major problem to you I am sure that some solution can be found, providing that there is willingness on both sides.

    In these days of high unemployment it is good to have a job and while it would be wrong to let people walk all over you, it is no harm to compromise a little. Calm talking, without reference to who is right or wrong should yield positive results.


  • Registered Users, Registered Users 2 Posts: 4,502 ✭✭✭chris85


    I doubt that having to relocate to anywhere in the world would be legal.

    But there is a reasonable-ness test somewhere in there. I've seen posts from people being transferred from one side of Dublin to the other, asking if the employer is allowed to do that. The general consensus was that it is legal provided the new and old locations are within Xkms of each other. (Maybe 50kms ... I'm not sure if there's anything in that figure, though, or if I'm just making it up.) On that basis, I'm picking that a five-minute walk would be a problem.

    OP, do you have any possible solutions? If everyone else had to come to your building, the problem would be the same, they would get wet instead of you. So - is there a reasonable way that everyone who ever has to meet face to face can be in the same building? This may be a more productive line of thinking than the "you can't make me" approach.

    And while I agree that there can be short periods of torrential rain in the summer monsoon season (I'm not kidding, it's happened each summer that I've been in the country!) .... the rain lasts for minutes, not forever. Time your journeys and you'll hardly ever get wet. (I work on an industrial estate, now about 10 mins walk from the bus-stop. I don't own a car. And I've only got soaked once in five years, due to a combination of a common sense, umbrella use, taxis, and a little but of luck.

    Some multinationals state you may be asked to move to any of their offices in the world. They generally pay all your expenses when away so all is covered on that front. I view it has good experience to get to live abroad with work.

    As for the OP, get a umbrella and you will be grand. I dont see how a short 3 minute walk in the rain makes you stay late in work waiting for the rain to stop. Invest in a big umbrella which is big and sturdy. Worth the money. WIll keep you dry.


  • Registered Users, Registered Users 2 Posts: 2,919 ✭✭✭Bob the Builder


    Avasa wrote: »
    Buy an umbrella...
    And then bill the company for it...
    NIMAN wrote: »
    There's about 430,000 people who would love to swap places with you and get a good soaking if they could get a permanent job out of it.

    No there's not. Just because there's 430,000 on jobseekers allowance, it doesn't mean there's 430,000 looking for a job.


  • Registered Users, Registered Users 2 Posts: 1,806 ✭✭✭D1stant


    I think you have a definite case. There is no mention of this building in your contract and forcing you to commute between buildings to mandatory meetings in the rain is a health and safety issue. If you are as specialised as you maintain - they will have to compromise. I would advise that you consult with your union if you have one and talk to a good employment lawyer







    Or else leave the public service and see what life is like in the real world


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