TRAINERS and stable staff can expect to receive guidelines “early in the new year” which will explain the new regulations around working hours in the racing industry.

Following an intensive campaign by the racing industry, a statutory instrument [SI] was signed by Minister Regina Doherty just days before Christmas which returns ‘agriculture’ status to racing industry employees. The legislative change offers protection to trainers at risk of failing inspections by the Workplace Relations Commission over the hours put in by their staff.

The new regulations will provide employers with some flexibility in the application of working time rules to staff working in the industry, subject to certain conditions and safeguards designed to ensure that workers are protected.

It will mean that where these conditions are met, certain rest periods or breaks may be deferred until a later time, but the employee should receive those statutory breaks as soon as possible thereafter.

Importantly, the regulations will not change the existing rules in relation to maximum weekly working hours. Guidelines – not yet published – may allow for employees to work more than the maximum 48 hours per week once the average number over a fixed period does not exceed 48.

Brian Kavanagh, chief executive of Horse Racing Ireland, said: “The SI was a very welcome clarification of what the industry believed all along and will provide trainers with some flexibility provided they compensate staff at the earliest opportunity. The guidelines are well advanced and, now that the SI is signed, can be completed quickly and will be published early in the new year.”

Michael Grassick of the Irish Racehorse Trainers Association said: “It’s what the industry needed. It will suit both trainers and staff, for example, when staff want to go racing with the horse they’ve exercised that morning.”

Minister Doherty said: “I am very conscious of my responsibility to ensure that employees in the industry are fully protected in relation to their employment rights. In order to ensure a fair balance between the needs of both employees and employers, I have consulted with representatives of both employees and employers in the industry over the past year to arrive at an equitable solution – which I believe these regulations reflect.”

Bernard Caldwell of the Irish Stablestaff Association said: “I welcome the Minister’s concerns for stable staff. She has looked after us. It’s important now that these new rules are enforced and we need employees to tell us if they have concerns.”

A press release issued by the Department stressed that “neither the Directive nor the Organisation of Working Time Act 1997 provides a blanket derogation for workers employed within the agricultural sector. Rather, they permit a derogation from some of the obligations under the Directive for agricultural workers but only where the following criteria are met:

  • The workers are engaged in activities involving ‘the need for continuity of service or production’ or where there is ‘a foreseeable surge in activity’
  • The workers are required to be engaged wholly or mainly in performing the activities concerned, and
  • Where an employer avails of a derogation, they must provide compensatory rest for the workers involved. This compensatory rest is to be provided immediately or as soon as possible after the time at which the statutory rest break falls due.”

    • ONGOING INSPECTIONS

    The Minister added: “I would also like to acknowledge the role of the Workplace Relations Commission [WRC] in overseeing compliance with employment legislation in the horse racing industry and the ongoing inspection activity that the WRC is currently undertaking.

    “In this regard, the WRC has been working with Horse Racing Ireland to draw up guidance for employers in the sector to improve awareness of respective rights and responsibilities under employment law.

    “I understand that the work on the joint guidance initiative has been progressing well and, in the context of this regulation, I have written to the WRC and Horse Racing Ireland urging them to bring this work to completion as soon as possible.

    “This joint guidance will be important in ensuring increased levels of compliance with employment legislation generally in the sector and in this context I will be keeping the regulations under review.”

    COURT CASE

    Stable staff were traditionally considered agricultural workers in the eyes of the law but this changed in 2015, following industry representations to take racing out of

    What was not widely recognised at the time was that the Industrial Relations Amendment Act redefined agricultural workers as only those involved in the production of animals, and excluded those involved in ‘animal husbandry’ or training.

    The issue came to light in 2017 when Ballydoyle Racing challenged a compliance order served by the WRC. Ballydoyle lost its case in the Labour Court, and it appeared that almost all trainers would have to alter how they rostered staff.

    Backed by the Minister for Agriculture, representatives of the trainers, stable staff and HRI asked Minister Doherty to amend the Organisation of Working Time Act, in order to allow the racing industry avail of the derogations in the EU Working Time Directive.

    The derogations are all limited in scope. ‘Compensatory rest’ is a key condition, which means that the employee must receive an equivalent rest period as soon as possible after they miss a statutory rest break.

    Minister Doherty obtained the advice of the Attorney General in relation to the issues involved and the regulations were drafted on the basis of this advice.

    Michael Grassick commented: “This new regulation puts up back where we were and all we can do is thank both Ministers for seeing it through.”

    What impact will these regulations have?

    They permit racing industry workers exemptions from some of the legal obligations around working hours but only where the following criteria are met:

  • The workers are engaged in activities involving ‘the need for continuity of service or production’ or where there is ‘a foreseeable surge in activity’
  • The workers are required to be engaged wholly or mainly in performing the activities concerned, and
  • Where an employer avails of a derogation, they must provide compensatory rest for the workers involved. This compensatory rest is to be provided immediately or as soon as possible after the rest break foregone.

    • Employers will still be bound by the maximum weekly average of 48 working hours, by the requirement to provide information to an employee about working time and to provide employees with their allow annual leave and public holiday entitlements. Importantly, employers must maintain records in the required form to show compliance with the law.

    It is also important to point out that employers in the industry will still be subject to the rigours of all other employment statutes. For example, they will still be subject to inspections by the Workplace Relations Commission, be required to co-operate with the inspection process and be subject to the requirement to maintain records in relation to all relevant employment statutes.

    The WRC has been engaged in inspection activity in the equine sector more broadly over the last year or more. The Minister has clearly communicated to the industry that there should be no misunderstanding about the limited nature of the derogations that may be available under these new regulations.

    The WRC has been working with HRI to draw up guidance for employers in the sector. The joint guidance will be key for employers and employees in terms of understanding how the Regulations impact on their respective responsibilities and rights.