The employer was ordered to pay the higher Grade B SEO rate after a truck driver’s demolition site work was found to fall within the construction sector classification.

The Complainant contended that he was employed in the construction sector as a truck driver, hauling debris and materials from building sites, and had always been paid at or above the Sectoral Employment Order (SEO) rate for Grade B general operatives. When the SEO hourly rate increased to €20.03 in August 2024, the Respondent refused to apply it, claiming truck drivers were not covered. The Complainant argued his duties fell within the Grade B definition in the 2017 SEO, which specifically included certain truck drivers, and that past practice and industry precedents supported this view. He claimed the refusal breached the SEO and reduced his pay by approximately €1,000 annually.

The Respondent submitted that the Complainant worked as a lorry driver hauling segregated waste and scrap metal to waste facilities, mostly operating a skip lorry under the waste collection permit. In August 2024, the Respondent reviewed market pay rates for lorry drivers (€16 to €17/hour) and found the Complainant was paid above that. They argued that being in the CIF pension scheme did not make the Complainant a construction worker and that the 2017 SEO did not classify lorry drivers as Grade B general operatives. He noted that the SEO omitted certain terms and maintained that the Complainant performed no site-based general operative duties, with 60% of company turnover from waste management, not construction.

The Adjudicating Officer found that the Respondent operated in the construction sector as defined by the 2019 Sectoral Employment Order (SEO), given its involvement in demolition work. Although 60% of turnover came from waste management, demolition was integral to the business. The Complainant, originally hired in 2013 as a general operative at the new entrant rate and later moving to Grade C (now merged with Grade B), worked as a truck driver removing demolition waste from building sites (i.e. an activity considered intrinsic to demolition). They determined that truck drivers had historically been included in Category B or C under the 2011 REA and saw no evidence that the SEO intended to exclude them. As no policy change or negotiation had removed drivers from Category B, the Complainant was entitled to that rate.

Employers should ensure that all roles are accurately classified under the relevant Sectoral Employment Order (SEO) and that pay rates comply with the latest rates. Where a role, such as a truck driver, has historically been included in a category (e.g., Category B), clear documentary evidence and updated agreements are essential if seeking to exclude it from that classification. Regularly review SEO updates, assess their applicability to all employees, and maintain communication with staff regarding pay adjustments. Where the SEO definitions are broad, employers should obtain advice before making pay decisions that could result in disputes. Also, employers should keep records of pay history, job descriptions, and policy changes. This is vital in defending claims and reducing the risk of retrospective pay awards.

The full case can be found here.