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Breach of Working Time Act or fair game?

  • 20-03-2019 6:13pm
    #1
    SATSUMA
    Registered Users, Registered Users 2 Posts: 706 ✭✭✭


    Can somebody please clarify this please?

    Mr Bloggs has a basic 39 hr contract. His contracts states that he will be required to travel often and he is told clearly that he will not be able to claim that time back due to the amount of extra time that would accrue.

    For example: he is based in Dublin. He travels to Cork Monday evening after work, he works a full day in Cork Tuesday and drives back Tuesday evening. Let's say it take 3 hours to Cork. So that's 6 hours extra.

    Is this a breach of the working time act? Even though he was told that this would happen and its specified in the contract? Can he request that time back?

    Thanks guys


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac



    Anyone?
    Might be better in Work Problems?


  • #3
    99nsr125
    Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭99nsr125


    Tyco ruling in Europe
    Time in work vehicle is time at work.

    Not tested in Irish courts yet
    SATSUMA wrote: »
    Can somebody please clarify this please?

    Mr Bloggs has a basic 39 hr contract. His contracts states that he will be required to travel often and he is told clearly that he will not be able to claim that time back due to the amount of extra time that would accrue.

    For example: he is based in Dublin. He travels to Cork Monday evening after work, he works a full day in Cork Tuesday and drives back Tuesday evening. Let's say it take 3 hours to Cork. So that's 6 hours extra.

    Is this a breach of the working time act? Even though he was told that this would happen and its specified in the contract? Can he request that time back?

    Thanks guys


  • #4
    Cookie_Monster
    Registered Users, Registered Users 2 Posts: 24,537 ✭✭✭✭Cookie_Monster


    regardless of the legal implications, he'd be a fool to agree to such a clause in the first place!


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I think there are two issues.

    Minimum wage. With the extra hours, is the person still earning at least the minimum wage?

    Working Time. Is the person getting adequate breaks / working too long?


  • #6
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    How is he getting to Cork, from Dublin? Who provides the method of transport?


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  • #7
    SATSUMA
    Registered Users, Registered Users 2 Posts: 706 ✭✭✭SATSUMA


    Carawaystick wrote: »
    How is he getting to Cork, from Dublin? Who provides the method of transport?
    He drives his own car. Gets the usual fuel allowance per mile


  • #8
    SATSUMA
    Registered Users, Registered Users 2 Posts: 706 ✭✭✭SATSUMA


    Victor wrote: »
    I think there are two issues.

    Minimum wage. With the extra hours, is the person still earning at least the minimum wage?


    Yes.

    Working Time. Is the person getting adequate breaks / working too long?

    Yes adequate breaks


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