Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

My Department is aware of the particular case referred to by the Deputy in which a division of the Employment Tribunal in the United Kingdom found that the drivers who did not hold a taxi licence were employees of the enterprise in question. I understand this decision is under appeal to the superior courts in the United Kingdom.

In Ireland there is a mechanism for the determination of the employment status of individuals or groups. Where an issue arises in relation to the employment status of an individual, cases are forwarded to the Revenue Commissioners and-or the scope section of the Department of Social Protection for investigation, either solely by the recipient or jointly with the labour inspectorate of the Workplace Relations Commission, WRC. In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt about the employment status of an individual, the relevant Departments and agencies will have regard to the code of practice for determining employment or self-employment status of individuals which was drawn up and agreed to in 2007 by the relevant Departments with the ICTU and IBEC. An individual who believes he or she is being deprived of employment rights applicable to employees may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication, leading to a decision that will be enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available on the WRC's website. The WRC's customer service section also provides information for employers and employees on employment, equality and industrial relations rights and obligations.

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