THIS week the Labour Court published its determination in the case involving Ballydoyle Stables and the Workplace Relations Commission [WRC]. The 24-page document is available to read on The Irish Field website.

The ruling affirmed the compliance orders served by the WRC on Ballydoyle last February. These orders related to a failure by Ballydoyle to ensure some employees received adequate rest periods and days off.

In its defence, Ballydoyle argued that its staff were agricultural workers and therefore they eligible for certain exemptions from the standard Organisation of Working Time regulations. The Labour Court rejected this view, which has alarmed many other employers.

Here, we attempt to explain the background to the Labour Court decision, what it means for employers and staff, and what is likely to happen next.

Q: What does this

ruling mean for

racehorse trainers?

A: The Labour Court determination means racehorse trainers will not be considered as operating an “agricultural” business. As a consequence trainers will no longer be in position to rely on the working time exclusions provided for agricultural workers under the Organisation of Working Time Act.

In short, the common work roster in training yards that provide staff with every Sunday off and a half-day every other Saturday is now confirmed as illegal.

Q: What does it mean

for stable staff?

A: Any stable staff working to traditional rosters as outlined above is now likely to be working illegal hours of work, according to the law.

Q: Are stud farms and

their staff affected?

A: Stud farm workers are accepted as being “agricultural” by the WRC and so studs may rely on the Working Time Act exemptions. However, these exemptions are conditional on the staff receiving commensurate time off.

The agricultural exemptions are not a licence for an employer to apply whatever work roster they wish. In the Ballydoyle case there were examples cited of employees reporting for work on their days off. That is not allowed, regardless of how the staff are categorised.

Q: Should trainers

expect inspectors to

call soon?

A: The WRC inspectors targeted the racing industry in 2017 and there are reports that a significant number of trainers had inspections. The vast majority of trainers passed their inspections or only needed to make minor changes to their work schedules to satisfy the inspectors.

It is unlikely that there will be a further blitz on the sector in 2018 unless employees lodge a complaint with the WRC.

Q: What is the big deal

about racing no

Longer being

classified as

Agricultural activity?

A. It means that trainers will have to ensure that stable staff receive a least one uninterrupted 48-hour period off work, preceded by 11 hours off, at least every 14 days. That’s 59 consecutive hours off the premises. Alternatively staff could be given 35 consecutive hours off once a week.

Staff are also entitled to at least 11 hours between finishing work and starting again. So, a staff member who does not get home from the races until midnight cannot be asked to work before 11am the next day.

Overall, employers now have to ensure that stable staff only work a maximum of 48 hours per week, averaged over any three-month period. Some trainers deliberately do not train National Hunt horses so they can give staff more time off in the winter months, to compensate for longer days at other times.

Q: What is likely to

happen now?

A: The Irish Racehorse Trainers Association is due to meet Horse Racing Ireland next week to discuss the way forward. They will need to take on the services of a industrial relations expert who can approach the WRC and Labour Court with a suggested solution that allows trainers some extra leeway while respecting employee rights and the Labour Court findings.

It is likely that the WRC does not want to take a large number of trainers to court but the onus is on the racing industry to come up with a creative solution.

Other industries – like security, transport, hospitality and hospitals – have overcome problems like this before.

The more bad publicity racing attracts in the coming weeks, the harder it will be to get the WRC and Labour Court on board.