Breach of Working Time Act or fair game?

SATSUMA · 20-03-2019 06:13PM #1

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

nuac · 21-03-2019 12:19AM

Anyone?
Might be better in Work Problems?

99nsr125 · 21-03-2019 12:23AM

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

Cookie_Monster · 21-03-2019 02:04AM

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

Victor · 21-03-2019 07:18AM

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?

Carawaystick · 21-03-2019 11:24PM

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

SATSUMA · 23-03-2019 03:55PM

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

SATSUMA · 23-03-2019 03:56PM

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

Breach of Working Time Act or fair game?

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