In essence, an employers obligation regarding the provisions of the Health and Safety legislation and a common law duty of care, are the same while the person is working from home, as it is when they are physically at the employer’s premises.

Now employees have a whole host of difficulties trying to manage work-life from home and family life. Working at home and one personal life have become enmeshed and the dividing lines between them are not so clear anymore.

Employees should know if they are working from home or on workplace premises, they enjoy the protection of the Organisation of Working Time Act 1997 in both work settings.

Employers cannot require an employee to work for a period of 4 hours and 30 minutes without allowing a rest break of 15 minutes. This is a positive duty imposed on employers to ensure this takes place, whether the person is in the office or at home working.  

The legislation directs that an employer cannot allow an employee to work over 48 hours per week over a 4 month period.

If a person contract states the work times are 9 am to 5 pm then this is the contractual working time period.

If an employer requires the person to work after 5 pm to say 8 pm then this is overtime and notice of this should be furnished to the employee.

Employers have a legal obligation to keep working time staff records.

If an employer is in contravention of the legislation, an employee can make a complaint to the Workplace Relations Commission and a case officer if they find for the employee, can direct the employer to comply with the legislation and require the employer to pay compensation of up to two years of the employee’s remuneration.

Employers should be cognizant of an employee health and safety issue also regarding this matter and the risk of a personal injury* claim arising.

Cleary & Co. Solicitors, Litigation Law Firm 

Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

Disclaimer 

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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