Self Employment in
Ireland
KARAN O LOUGHLIN
IRISH EQUITY/SIPTU
JANUARY 2016
Irish System
Voluntarist Style of Industrial Relations for employees
State Supported with Workplace Relations Commission
and Labour Court
Supported by individualised Statutory Rights for
Employees
Collective Bargaining Rights for Employees/ Trade Unions
only
Cultural Workers
Actors, Musicians, journalists, photographers, writers,
Self Employed/Freelance
2004 Competition Authority Decision on Voice Over Artists and
others
Self Employed cannot be treated as employees => No Collective
Bargaining
Actions
Dialogue with Government=> Commitment to legislation to exempt
cultural workers
2008 => Crash and Austerity => Trioka Irish Bailout
More dialogue with Government supported by the ICTU and
complaints by ICTU made to ILO
Actions
2010 Labour Court Case
TF Productions and a Musician
Referred under 20(1) of the Industrial Relations Act 1969
Recommendation Number LCR19705 considered definition of worker
The term "worker" is defined by s 23 of the Industrial Relations Act 1990 as:"23.- (1) In the Industrial Relations Acts, 1946 to 1976, and this Part, "worker" means any
person aged 15 years or more who has entered into or works under a contract with an
employer, whether the contract be for manual labour, clerical work or otherwise, whether it be
expressed or implied, oral or in writing, and whether it be a contract of service or of
apprenticeship or a contract personally to execute any work or labour including......"
Outcome
 Industrial Relations Act definition of worker covers a contract for services
Compensation of €4,600 awarded for short notice cancellation of a contract for
services
Good precedent but problematic implementation => voluntarist nature of Irish
IR
Other pieces of legislation define “Worker” more tightly
Other Precedents
In FERGUSON -V- JOHN DAWSON & PARTNERS (CONTRACTORS) LTD [1976] 1 WLR 1213, [1976]
EWCA Civ 7, [1976] 3 All ER 817. No deductions for tax were made and the worker was obliged
to follow defendant’s instructions of what to do and when to do it. Also, the equipment was
supplied by the defendant’s company. The man was injured and contrary to the contract, the
majority of the court found that he was an employee.
SUNDAY TRIBUNE [1984] IR 505 case, the Court looked at arrangement by journalists where, for
tax purposes, they were considered to be independent contractors, it was held not to be a
determinative factor when assessing the relationship. Ms. Justice Carroll stated that the court
must look to the “realities of the relationship” and the union asserts that in the case of Mr. Mills
and Dublin Bus this was in reality, an employee/employer relationship.
In HENRY DENNY & SONS Ltd v MINISTER FOR SOCIAL WELFARE [HC 1995] [SC1998] 1 IR 34 a
merchandiser was considered not to be in business for herself and was ruled to be an employee
Use of Precedents
Courts are consistent in saying that it is the reality of the relationship
that defines the contract
Dual system for Actors self employed and employee (theatre mostly)
is not relevant for this matter (Sunday Tribune Case)
Control and Integration tests have high value
Irish Developments
ILO still playing out
Dublin Bus Case awaiting outcome
Competition Amendment Act has all party support
Exempt trade unions from Consumer Protection Act to allow for Collective
Bargaining
Minister will look to Europe
Strategies
Is there value in pursuing the ILO complaint and timelines => Implementation
problems?
 Is there value in building case law for individual contracts => Limited effect
unless there is a collective effect?
Is there value in pushing forward on the Amendment Act in Ireland => not likely
to survive in its current format?
Is there value in developing a single pan european strategy => Having self
employed individuals redefined as employees?