Oireachtas Joint and Select Committees

Tuesday, 30 March 2021

Public Accounts Committee

Bogus Self-Employment: Discussion

12:30 pm

Mr. Martin McMahon:

A better example of that would be Electricity Supply Board v. the Minister for Social, Community and Family Affairs in 2006, which was presided over by Mr. Justice Gilligan. This involved ESB meter readers. There were five of them and the judge consolidated the case. That is as close to group or class decisions as one gets. He made the decision that these workers were not self-employed, as the ESB claimed, and that they were employees. That was in 2006. To this day, Revenue and the Department of Social Protection are still ignoring the High Court decision, even though meter readers are in fact and in law employees, they are still classified as self-employed by Revenue and the Department of Social Protection. The problem is that they are simply ignoring the courts and case law. One can do that, namely, put a group of workers together and get them to go one at a time, and they will still ignore it. It does not get one anywhere. They simply choose to ignore it.

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