Employee Rights

CatInaHat

Hi There,

Thank you for reading my post. I'm looking for honest opinions. I'm with my current employer for 7 years. I worked myself up from a junior position to a senior position. I only ever got 1 contract and that doesn't really apply to my current role anymore plus both me and my employer are unable to locate our copies.

I am currently on sick leave due to stress. I feel I have burned myself out. While being out am I also worried that my job isn't safe, but I do enjoy the work and I'm paid well. There are a few things I am unsure about dealing with which is why I am posting here anonymously. My job can involve travelling to carry out repairs and upgrades to highly technical equipment. I am expected to be onsite for 9am. Some times it involves driving for 3 hours to get to the site and if it doesn't go to plan I could be stuck at a site until it's nearly dark and then have to travel home. When I ask my boss can I come in later the next day it seems to be frowned on, although he has in fairness never refused. Sometimes I am away on a site with him and he is first in next day, if I don't show up at 9 he is on the phone at 10 asking when will I be in, again he seems narky when I point out I didn't get home until nearly 10pm. I think it should state in my contract that if I work an extra X hours the day before I'm entitled to X hours off. Note, he is also part owner of the company. A few times we have discussed projects and it might be 7pm in the evening and I have yawned and he would joke its only 7pm and you're tired already! Most days I start at 9, take an hour lunch and leave at 7.

Last week was the last straw, I was away from Tue until Friday and worked 11 hours each day. The company put me up in a hotel Tue, Wed and Thur. We didnt' finish until 7pm on Friday and I had a 3 hour drive home. I went to my GP on Monday and she has put me off work for 2 weeks. I have 2 weeks to sort myself out.

Where I work I get 4 weeks holidays a year. I have asked if I can have time off in leu for extra hours I have worked and I'm told no, its part of the job. I have asked instead of a pay increase would my annual holiday allowance be increased and I was told no. When I was paid hourly in the junior role I had asked could I have time off instead of being paid overtime I had accrued and he said no. The OT was worth close to a grand, the holiday time would have meant more to me to be honest, he seems to very mean when it comes to time off.

I have considered leaving but despite what I say I enjoy the job and its very varied. Some days is desk development work, some days its out and about and I'm mostly my own boss. My boss can be awkward to deal with. In the past other workers have challenged him, 1 was made redundant after a year the excuse his skill-set no longer matched the need of the business. He refused to continue working on a job past 7PM on a Friday as he had evening plans, the next week he was gone. Others who have challenged him have left of their own will. If I do leave I think I might have grounds for forced unfair dismissal. I think it's in my favour I don't have a contract but if I start to ask for one he might get his back up and find a way to get rid of me. Also its a small company and my boss is also the MD. I can't be replaced that easily though as a lot of the business is highly technical and unique and there is a vert long learning curve. I've rarely had a holiday too that went uninterrupted by work contacting me for advice.

Do you think what is going on here is illegal and should I get legal advise before returning to work?
Should travel be done within your contracted hours?
Are you entitled to nothing extra if you work more than your contracted hours?
If you are away from home and it's beyond a certain time and a 3 hour drive home, should the company put you up in hotel/B&B or give you a day off to recover if you choose to drive home?

I really don't think I can stand up to my boss in my present state of mind. Right now I'm almost in a panic that when I go back he is going to tell me I've let the team down blah blah and any more sickness and I'll be gone, or that he will say I'm not fit for the job and will have to let me go. Note I was sick a few years ago but it was not due to stress it was physical, I was out for 2 weeks. When I returned he said that if I go long term sick again I'll be replaced. Long term sick to him seems to be more than a week. If I am armed with the correct info and legislation I will be in a better position to challenge him.

A bit longwinded I know, thanks for reading.

Cat.

_Brian

Sometimes drive time is included in work time but its very unusual and I doubt your going to be able to negotiate that now..

Same for time back, some companies just expect it for salaried positions, some give it back as AL time for time and some time and a half, again down to negotiation.

TBH it sounds like the boss has the measure of you and knows how far he can push things..

This is decision time you could;

• Go back and try to keep up with the same old routine and hope all goes well.
• Go back, put your head down for a few weeks and look for work elsewhere.
• Go back and explain you want to remain there but conditions need to change or you're going to be looking for work. Its important though if you make this ultimatum that your willing to leave, if you don't get improved conditions and don't leave then chances are you've weakened your position further and the expectations will get worse..

You don't need to spend money on legal advice.

duploelabs

I was in a very similar field before I changed career and had the same travel issues, I negotiated with the boss and if the site that I was travelling to was outside my normal commute to work that I would have that time in leu. i.e my commute was normally 30 mins so if I'd to travel 3 hours to site then I'd have 2.5 hours in leu. Now I did have to fight tooth and nail about this, and we'd a new contract drawn up to reflect it but was happy in the end. I believe, now I could be wrong, that there was a case taken to the european court regarding this same issue by a spanish or german worker against their employer for the kind of tactic that's being done against you quite recently

Mr.Carter

There was a ruling on travel time been included as work hours recently in Europe...Google it...it may be some help to you.

nikkibikki

OP, I think you'd be as well off giving NERA a call, number below.

Tel: 059 9178990
Lo-call: 1890 80 80 90 *
(09.30 - 17.00, Monday to Friday)


Have a look through their website, it might have some information on constructive dismissal.

https://www.workplacerelations.ie/en/

It's obvious these long hours and long trips onsite are effecting your health. You've raised this concern with your boss by requesting a late start the next day etc.

Do you have a company vehicle? Or do you drive your own car onsite? If it's your own car, please make sure you've the correct insurance on it to cover you for driving onsite. Private insurance will normally cover you for commuting to your normal place of work but I imagine it wouldn't cover you for driving to varying locations of sites you need to visit.

Also, as you are required to drive for work, there is something about professional drivers having to have minimum rest hours so you could check with the RSA if that applies to you? It might not as driving is the main part of your job.

Is there a HR section in your workplace or is it just the boss? You need to get a contract for your current role.

Good luck OP.

Elessar

Ask yourself this, do you really want to continue working for this man? Do you really need to justify, to yourself even, why you are off work sick with stress? Would you prefer to work in a company where you get on well with your boss, you're home at regular times and they treat you well? They exist, I've worked for a few.

Get out mate. You sound as if you have in-demand technical skills and I'm sure it wouldn't be long for you to find a new job. Look after no 1.

Nody

Mr.Carter wrote: »

There was a ruling on travel time been included as work hours recently in Europe...Google it...it may be some help to you.

It only applies to people who do not have a fixed working location which the OP clearly does as he's working in an office.

nikkibikki

Would you consider setting up your own business? County enterprise boards run setting up your own business courses for a small fee. It's a big risk certainly but it might be your only way out and if your skills are in demand, you've a market there.

backspacer

Just get out,prioritise your health and well bring at this point, I left my previous job because of the stress involved and moved into a new field where at the very least feel respected and my opinions taken on board.

You have a specialised skill set,time to make a break and move on, judging by your employers attitude everyone is expendable, at least this way will be on your terms.

Mr.Carter

Nody wrote: »

It only applies to people who do not have a fixed working location which the OP clearly does as he's working in an office.

"My job can involve travelling to carry out repairs and upgrades"

It would appear that their job is not always fixed to one location.

Nody

Mr.Carter wrote: »

"My job can involve travelling to carry out repairs and upgrades"

It would appear that their job is not always fixed to one location.

It is not about being fixed to one location; it's a question if he has one location he'd normally go to rather than going directly from his home to various locations all over the country. The second case is applicable under EU law to count the distance and time directly from home; the first case is not. Hence if he has an office location which he'd normally travel to the EU court case does not have any impact on him as the case was about Spanish sales force who travelled to customers directly from home without an fixed office location that they would normally work from after a reorganisation.

BC Irl

Nody wrote: »

It is not about being fixed to one location; it's a question if he has one location he'd normally go to rather than going directly from his home to various locations all over the country. The second case is applicable under EU law to count the distance and time directly from home; the first case is not. Hence if he has an office location which he'd normally travel to the EU court case does not have any impact on him as the case was about Spanish sales force who travelled to customers directly from home without an fixed office location that they would normally work from after a reorganisation.

The recent judgement of the European Court of Justice in the Tyco case on September 10th could have far reaching effects in Ireland for employers whose staff do not have a fixed place of work.
The case addressed the question of whether time spent travelling between home and individual clients for such employees constitutes "working time" or "rest period" under the Organisation of Working Time Directive, and whether benefits accordingly accrue in respect of that time, The court cam to the conclusion that travelling time must be included in "working time" since the employer determines the place where the employee should be and the employee remains at the employer's disposal.
While this judgement may not immediately impact private employers, it would appear that this case could have significant broader implications for public bodies who are directly bound by this judgement.

You need to look at your contract and see what it states about place of work or if there is any mention about working away from the main place of work, is there any compensatory clauses? Either way this should be negotiable with your employer if it is a regular occurrence.